While motorcyclists are stereotyped as being reckless, the reality is that in most of the accidents that involve a motorcycle, the car driver is to blame. Motorcyclists usually have zero protection when accidents occur. This suggests that they are in a high likelihood of hitting the pavement without any compensation. However, if the motorcyclist uses the services of the great Dallas Motorcycle Accident Lawyers, he/she will be compensated.
Chances are, as a car driver, you do not really understand the compensations and the rights involved in a motorcycle accident. This article should help you understand these rights and compensations.
The Compensations and Rights You Need to Know About:
The Compensations
If you are involved in an accident with a motorcycle, the damages the motorcyclist will have to be compensated for can be divided into 2 categories. These categories are:
- General damages
- Special damages
We have expounded on these damages below.
General Damages
This category contains everything that pertains to the actual injury the motorcyclist sustained from the accident. Examples of such damages include:
- Pain caused by the accident
- Stress and mental trauma
- Any ongoing health issues which originate from the accident
Special Damages
This category covers any issues that are not directly related to the physical aspects of the injuries sustained by the motorcyclist. Examples of the special damages include:
- Travel costs involved – For example, if the motorcyclist has to incur travel costs in order to be treated as an outpatient.
- Medical costs – This should cater for both any ongoing treatment and immediate treatment.
- Loss of earnings – For example, if the motorcyclist had to give up work.
The Rights
- The Motorcyclist Has a Right to Accident Benefits
Drivers with auto insurance policies have access to accident benefits. These don’t cover the car driver only. The statutory accident benefits also apply to motorcyclists who are insured. This means that if you happen to be involved in an accident with a motorcyclist, he or she has the right to apply for these accident benefits.
2) The Motorcycle Driver Has the Right to Recovery Even if He is to Partially Blame for the Accident
Benefits are made available via the no-fault system. This means that even if the motorcyclist is to partially blame for the accident involving your car, he or she will still have the right to recovery. To give you an example, the motorcyclist can still apply for benefits even if he/she miscalculated a turn or he/she was riding too fast during the rainstorm. While the fact that the motorcyclist was at fault may compromise his or her ability to file a lawsuit, if you played a role in causing the accident, the motorcyclist’s ability to file a lawsuit won’t be barred.
3) The Motorcyclist Has the Right to Sue the Car Driver
If the car driver played any role in causing the accident, the motorcyclist will have a right to sue the driver. This lawsuit, in addition to helping the motorcyclist get accident benefits, will also help him/her get compensated.
4) The Motorcyclist Has the Right to Appeal to the Decision Made by the Insurance Company
Although we have already mentioned benefits are offered to the parties involved in an accident on a no-fault basis, there is no guarantee that the motorcyclist will get a fair package. If the motorcyclist gets what to him/her is an unfair package, he or she will have the right to appeal to this insurance company’s decision.
This article helps car drivers understand the rights and compensations entitled to a motorcyclist in case of an accident. Even though motorcyclists usually have zero protection, great lawyers have helped motorcyclist enjoy their rights and also get compensated fully. With the knowledge presented in this article, you get to know what to expect if you are involved in a motorcycle accident.