Having documentation that your motorcycle accident occurred is vital, so always call 911 after a crash. Be candid with police officers, telling them exactly how the other driver was negligent. The crash report police officers write is relevant to your case, so we can help you get it after a collision in Easton.
The police report can point us toward admissible evidence, such as eyewitness statements. This and other evidence help us meet the standard of proof for motorcycle injury lawsuits and enable plaintiffs to recover damages. Filing your lawsuit late is not an option, as the judge will most likely dismiss it. We help plaintiffs file claims within the two-year statute of limitations, one of the most crucial steps in getting compensation.
Call Cardamone Law’s motorcycle accident lawyers for a free case analysis at (267) 651-7945.
Should I Call the Police to Report an Easton Motorcycle Crash?
You should call the police to report any motor vehicle accident that results in injury to anyone involved. Motorcycle crashes are especially dangerous and chaotic, and involving the police often makes the aftermath easier for victims.
Negligent drivers often try to deter victims from calling 911. You do not know the extent of your injury or property damage immediately, and you need documentation that the accident occurred for a future case.
Call the police, even if the at-fault driver flees the scene. Leaving an accident scene without exchanging information is illegal in Pennsylvania, so police officers may work to identify the liable driver. Once our motorcycle accident lawyers know who the at-fault party is, we can file a lawsuit against them in Easton.
When you call 911 to alert the police, ask the operator to send an ambulance. Your future lawsuit should cover the cost of that ambulance ride and all subsequent medical expenses. If paramedics arrive without your request, let them assess you for potential injury.
We can help get the police report later and review it with you.
What Medical Evidence Do Motorcycle Injury Victims Need?
We need all evidence of your injury from an accident. Tell us which emergency room, hospital, or urgent care facility you went to for your initial assessment, as well as any specialists who have contributed to your recovery since.
Any immediate medical evidence can help, such as emergency room records and notes from paramedics who treated the patient on the way to the hospital.
Never pause treatment against a treating doctor’s advice. If you do, a fracture, soft tissue injury, or other injury may not heal properly. This not only complicates your physical recovery, but also your financial recovery from a lawsuit.
Keeping medical evidence organized can be overwhelming for many victims, and we are here to help with this daunting task. Not only can we organize this evidence, but we can also obtain it once we get your permission, so you do not have to request records from providers yourself.
How Do I Prove My Motorcycle Accident Lawsuit in Easton?
Plaintiffs win motorcycle injury claims by proving liability by a “preponderance of the evidence.” This means you must prove that the defendant is more likely than not liable, which our attorneys know how to accomplish.
Duty of Care
The first step in proving your case is establishing that the defendant owed you a duty of care. Whether you drive a commercial truck or ride a motorcycle, you owe a duty of care and are owed one by other drivers on the road. The duty requires drivers to act responsibly and follow traffic laws.
Breach of Duty
The next step in proving liability for motorcycle accidents is to demonstrate that the defendant breached their duty of care. Someone breaches their duty of care when they act negligently or recklessly. For example, car drivers often breach their duty by speeding, failing to check their blind spots before merging, driving under the influence, and tailgating other vehicles.
We can prove the breach of duty by reconstructing the accident, interviewing eyewitnesses, and obtaining relevant surveillance footage from local cameras.
Causation
We also have to prove causation, which often confuses plaintiffs. Someone might be negligent without their negligence directly harming someone else, so we must prove that link to get compensation in your motorcycle accident lawsuit.
Eyewitness statements are solid evidence to prove causation. For example, they can testify about seeing the defendant speeding through a red light and striking the plaintiff on their motorcycle in an intersection, providing the jury with more context.
Damages
To get compensation, you must prove the damages you have incurred. We can handle this for plaintiffs, using hospital bills, income records, and other evidence to prove economic damages.
Proving non-economic damages can be more challenging, largely due to their inherent lack of monetary value. Still, getting compensation for mental suffering and physical pain is possible, and you can prove the extent of your non-economic damages by testifying in court.
What if I File My Easton Motorcycle Accident Claim Late?
Filing a lawsuit outside of the statute of limitations is generally futile. Judges typically dismiss late lawsuits; however, with our attorneys’ help, you can avoid this situation altogether.
42 Pa.C.S. § 5524 gives you two years to sue in Pennsylvania. Filing much sooner than the deadline is preferable, and we can help you accomplish that when you reach out immediately after a motorcycle accident.
Injury lawsuits sometimes take longer to prepare than plaintiffs anticipate. So, even though you have two years to sue, we may require much of those two years to build the strongest case possible.
Pennsylvania’s personal injury statute of limitations has several exceptions, like for delayed discovery of injury. Still, act as though you have just two years to sue, and do not risk missing your filing deadline in Easton.
Get Help When You Call Our Motorcycle Injury Attorneys
Call us today at (267) 651-7945 for a confidential and free case discussion with the motorcycle accident lawyers of Cardamone Law.
