1. Who can sue for a motorcycle accident injury or death?
The operator of a motorcycle and his/her survivors in a wrongful death case can sue for their damages if any other party is at fault. The passenger on a motorcycle can normally sue a motorcycle operator if the operator is at fault and/or any other person or entity that is responsible for their injuries. Any other person injured by a motorcyclist, such as a pedestrian, can recover damages against the motorcycle operator and any other responsible party.

2. Is an investigation of my motorcycle accident case important?
It is critical. In general, many people presume that motorcyclists assume the risk for their own injuries and they are usually at fault for causing accidents. It is essential that a quick and thorough investigation is performed to establish fault on other responsible people or entities, and to establish that the motorcyclist did little or nothing to contribute to the accident. Investigation should consist of an examination of the scene, an examination of the instrumentalities that were involved in the accident, and obtaining statements from witnesses and the reports from investigating agencies.

3. What are the factors associated with motorcycle accidents?
Some factors include:

• negligence
• carelessness of another driver
• unsafe road conditions
• improper maintenance of roads
• defective motorcycle design
• faulty repair work on your motorcycle

4. Who can be held responsible for injuries or death to motorcycle operators and passengers?
Any person or entity that in any way causes a motorcycle accident through his or her wrongful conduct will be considered to be at fault and held responsible for the injury or death. This includes a wide array of potential defendants including other vehicle drivers, product manufacturers, owners of dangerous private or public property, repair shops and any other person or entity that contributed to the accident.

5. Will my motorcycle accident settle out of court?
Most likely. Close to 90 percent of motorcycle accident cases settle; however, they can be more difficult to settle than other motor vehicle cases because defendants and insurance companies are more willing to try them, hoping that the public's bias against motorcyclists will help them win the case or hold down damages.

6. How long do I have after my accident to file my motorcycle injury case?
Generally speaking, you have one year from the date of the accident to file a lawsuit. This time period can occasionally be extended if for some reason you were not able to discover your injury or the negligent cause of your injury for some time period after the accident. However, in a serious injury case, a delayed accrual of the statute of limitations for late discovery is extraordinarily rare.

7. Is it important to retain an attorney for my motorcycle accident case?
Yes, especially if the motorcycle accident has resulted in a serious injury or death. Without an attorney, there may be an assumption that the motorcyclist was at fault and evidence will be gathered by the other side to support that contention. You need to hire an attorney to perform investigation and retain the right experts to prove your case and your injuries. Contact Gary C. Johnson, P.S.C. today to discuss your case.

8. What damages can be collected if a death results from a personal injury?
If a death results from a personal injury, the survivors of the injured person are entitled to recover the full amount of earnings that the deceased would have earned during his or her lifetime. The heirs are also entitled to recover a fair amount for the emotional loss resulting from the death of their loved one.

9. What is the best way to stay safe when riding a motorcycle?
Always wear a helmet and strictly obey all traffic laws.

10. How many motorcyclists are killed or injured each year?
Approximately 2,000 motorcyclists are killed, and more than 50,000 are injured in traffic crashes each year.