A person could face an uncertain future due to damages sustained in a motorcycle accident. If your motorcycle accident case is brought to trial, you should expect the defense attorney to use a variety of methods in an attempt to limit or remove liability. Therefore, studying and preparing for all possible defenses is an important element of planning for your motorcycle accident injury case.
That way, you can be prepared for anything that may arise during a trial. In advance, your motorcycle accident injury attorney will work with you to create a compelling counterargument to prepare you for action. You can also speak to a Salem personal injury attorney to get help.
Common defenses used in motorcycle accident cases
The following are some potential defense methods or arguments that may be raised:
- Statute of limitations defenses.
In most states, a victim must make a personal injury claim four years after a motorbike accident. If you make a claim after this time frame, the defense may attempt to have the case dismissed as a result.
- Liability defense defenses.
Another popular defense is to blame the accident on the other party – you. They may try to argue that the accident was your fault in some way and that, as a result, they should not be held liable for your losses.
- Mitigated damage defenses.
The defendant may attempt to show that you did something that contributed to the outcome worsening, so the compensation amount should be reduced. For example, the defense may try to show that you did not complete treatments as prescribed by your doctor, which resulted in a more significant injury.
- Questioning the riding experience.
Lawyers may question a motorcyclist’s overall experience, his experience with the specific bike involved in the crash, whether he has any impairments, and whether he wore proper safety gear.
How can you prepare for each defense?
Your defense attorney will review each of these potential defenses with you and explain how they relate to your case. Based on the circumstances of the case, you can typically predict which ones may be applicable in your case. It takes some time to work through this procedure. Still, extensive efforts are often taken to guarantee you receive full compensation for any losses you have incurred due to someone else’s wrongdoing.
If you have been involved in a motorcycle accident, ensure you are not missing out on any compensation you are due. Talk to an experienced motorcycle accident attorney today.