Determining If A Motorcycle Accident Case Is Winnable
Posted On behalf of Pfeifer Morgan & Stesiak on Mar 23, 2012 in Advice
Motorcycle accidents can be devastating to your family, your finances, and your health, and while motorcycle riding is slightly more risky than driving a car, that doesn't necessarily mean that it's your fault when an accident occurs.
In fact, because Indiana law requires a special endorsement for motorcycle riders on their drivers' license, motorcyclists are among the safest drivers on the road.
The particulars of each case will necessarily be unique in some ways, and pursuing a lawsuit for motorcycle accidents should always start with a consultation with an experienced personal injury attorney. Be sure to be specific and document as much as possible as you speak with your attorney, to make sure that you don't leave any details out which could be critical to the case.
The factors your attorney will be especially concerned with, in order to determine if there's a case to be won, are the following:
- How did the accident occur?
- Who else was involved?
- What were the road conditions?
- Was the weather a factor?
Basically, your attorney will be looking for potential weaknesses in your case, which the defendant's attorney may be able to exploit. When he or she finds these potential weaknesses, they'll pursue them further, to see what the facts are, and best determine how to strengthen the case.
It might sound strange that your attorney would try to find all the weaknesses of your case, but that is what he or she must do, in order to best represent your interests in court, and be prepared for what the defendant's attorneys are likely to do.
Remember, your attorney gets paid if and when you do, and they aren't interested in pursuing a case which isn't winnable. What you can count on is that if your attorney decides to work with you in pursuing a motorcycle accident case, they'll stick with you.