When a motorcycle accident takes the joy out of an exhilarating ride on one of Washington’s scenic routes or disrupts a commute to work or school, the results can be months of medical treatments, lost income, and significant pain and suffering. Unprotected motorcyclists are vulnerable to severe injuries in accidents involving vehicles weighing an average of 4,000 pounds. Often, the car driver is the one at fault for the accident and liable for the victim’s damages, but most motorcycle accident victims want to know what’s involved in a compensation claim for damages and how long the process takes. While it’s seldom a fast process because it involves multiple steps, understanding the progression of each step of the process helps and an experienced Everett motorcycle accident attorney can help you with this.
Investigating the Accident for a Washington Motorcycle Accident Case
Under Washington’s fault-based insurance law, an injury victim must prove another driver’s negligence to show that they are liable for the damages so their car insurance policy pays out on the claim. Typically, this requires an investigation. The insurance company for the liable party assigns an insurance adjuster to the case to investigate the accident with the ultimate goal of minimizing the amount they have to pay by disputing portions of the claim or assigning an undue percentage of fault to the motorcycle accident victim. At the same time, an attorney for the injury victim investigates the accident with the goal of protecting their client’s best interests by documenting evidence of the at-fault driver’s liability. Depending on the complexity of the accident, this process could take anywhere from a few weeks to several months.
Negotiating for a Settlement in a Motorcycle Accident Claim in Washington
Once an Everett injury attorney investigates all aspects of the accident by examining the police report, reviewing any available photos and videos, deposing eyewitnesses, and consulting with accident reconstructionists and medical experts, they document evidence of liability and then present the evidence with a carefully calculated list of damages to the insurance company of the at-fault party. Most often this is a negligent driver but could also be the manufacturer of a defective motorcycle part or a negligent road maintenance agency.
Once the insurance company reviews the claim, they begin negotiations for a settlement. Often, insurance adjusters dispute parts of the claim or assign an unfair percentage of fault for the accident to the injury victim. Under comparative negligence laws, an insurer may reduce the amount they pay on a claim by the injury victim’s percentage of fault. For example, if a motorcyclist was exceeding the speed limit by five miles per hour, an insurance company could claim they were 25% at fault even if a driver ran through a stop sign and hit them. This would reduce a $100,000 claim to $75,000.
An attorney defends a client’s best interest throughout negotiations in a motorcycle accident claim to obtain the maximum compensation possible. The negotiation process could require several months of meetings and often mediation.
Obtaining a Settlement or Going to Court
Most traffic accident claims, including motorcycle accident claims in Washington are resolved through a settlement and don’t require litigation in court; however, if the insurance company fails to offer an acceptable settlement or disputes the claim, the accident victim and their attorney could choose to pursue litigation through a lawsuit and go to court. A lawsuit petition must be filed within Washington’s three-year statute of limitations for personal injury claims.
The lawsuit process takes more time than negotiating a settlement but often results in a higher payout since juries often side with injury victims and award them full compensation.
How Can a Washington Motorcycle Accident Lawyer Help?
Most motorcycle accident claims take six months or more to resolve, sometimes pushing the limit on the statute of limitations. An experienced motorcycle accident attorney cannot provide instant results, but helps to streamline the process and avoid insurance company delays, all while defending your best interests. Contact Wells Trumbull today so we can take action and begin moving your motorcycle accident claim forward.