A few years ago, I was in a pretty serious car accident. During the aftermath, I became really familiar with a lot of different types of lawyers. I worked with personal injury lawyers, insurance lawyers, and many others. Perhaps the most important, though, was the estate planning lawyer. I was really young, and neither my wife or I had thought about starting a will. But the accident kind of scared us into it. What would happen if one of us were to die? Even when still in the hospital, I was working with the lawyer to draw up a will. Now, I have some peace and security about what the future will be like if something should happen to me. And I have a lot of experience working with various types of lawyers! The accident was kind of a blessing in disguise in that way.
Whether you are a prosecutor or defendant in a motorcycle crash case, it helps to know what kinds of factors will be considered when deciding what the penalties are. Here are some pieces of evidence that will likely be considered by your court.
Types of Protective Gear Used
One thing that will be considered by many judges is whether the motorist was wearing protective gear. A helmet is one of the key pieces of gear that will be considered, and the judge may ask to see the helmet in person to see what kind of damage was done to it. But other gear may also be considered, such as protective pants, gloves, and a motorcycle jacket.
Whether There Was a Clear Fault
The fault will also be considered. If the motorcycle rider is discovered to be at fault in the accident, it can severely limit the liability of the other driver. However, in many cases, the fault can be subjective and/or shared between the drivers, and this is where a personal injury attorney comes in handy.
Types And Severity of Damage
Another thing that counts heavily is the amount of damage that the rider sustained. Soft tissue injuries won't bring as much compensation as a more permanent disability or injury, such as a spinal or head injury. If the rider must take off work or attend a significant number of medical appointments, this can greatly increase the amounts owed. And there may also be a multiplier for pain, whether it's physical pain or psychological pain, as long as the personal injury lawyer can prove that it's significant.
How to Benefit from this Knowledge
Now that you know what things are likely to come up in court, it's time to take action to use them to your advantage. Hopefully you already have a great motorcycle accident attorney that can help you leverage all of the evidence available to you. If you are a prosecutor, the goal would be to make sure that you present enough evidence to show that you were riding responsibly and following general safety precautions. As a defendant, you may want to call into question the presence of protective gear, the inebriation level of the prosecutor, and other items that could cast doubt on whose fault the accident was. Although there may be competing evidence in each of these factors, a great personal injury attorney can help you sway the evidence more in your favor.
Share6 October 2016
