Can I Sue Someone Personally After a Motorcycle Accident in DC?

If you were involved in a motorcycle accident and suffered serious injuries, you may be able to sue someone personally following the accident. However, to sue someone personally after a motorcycle accident, you must be able to establish that they were negligent and at fault for causing the collision in the first place.

If you are planning to sue someone, the motorcycle accident attorneys of Regan Zambri Long are here to help.

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How to Prove Liability in a Motorcycle Accident

It is estimated that 53% of all motorcycle accidents involve a motorcycle and one other vehicle. While this can occur for a variety of reasons, there are common causes of motorcycle accidents that make these drivers more susceptible to serious injury and even death.

Common causes of motorcycle accidents include:

If one of the above conditions existed during your motorcycle accident, you will likely need a DC, MD, or VA motorcycle accident attorney to guide you through the legal process to establish negligence.

However, there are some factors that you should consider when establishing negligence during your case. The elements of negligence by the other driver that must be met include:

  • Duty of care: The other driver had a duty to drive in what typically would be considered a reasonable manner for the safety of other drivers.
  • Breach of duty: The other driver violated the reasonable duty of care by taking or failing to take action that is legally required on the road.
  • Causation: The breach of duty is what caused the accident.
  • Damages: As a result of that collision, you suffered losses.

How Can a Motorcycle Accident Lawyer Help Me Establish Negligence Against the Other Driver?

For you to sue someone personally in a motorcycle accident, you will likely need the help of a personal injury lawyer to establish each element of negligence.

A motorcycle accident attorney can help you establish negligence by thoroughly examining how the liable party did meet each element of negligence.

For example, to establish the duty of care element, your lawyer will show that by utilizing the roadway, the other driver had a duty to operate the vehicle as any reasonable person would.

Then, they will illustrate the breach of that duty, which could involve a number of factors. If, for example, the driver was driving recklessly, your lawyer may point out elements of evidence that show the driver was speeding, acting recklessly, and perhaps driving aggressively.

From them, the behaviors of that driver would be used to show how they caused the accident. Perhaps at an intersection, it was your right of way to go, but the other driver went through a red light.

Finally, your lawyer will calculate the total value of your losses–be it injury, property damage, lost wages, etc. This is critical because often, victims of motor vehicle accidents may not be able to project the estimated future costs associated with their injuries. A lawyer will be able to call upon your medical records and share them with medical professionals who can provide insight into the long-term recovery expectations and how they will impact your ability to live and thrive in the future.

In addition to establishing negligence, there are other benefits to hiring a motorcycle accident attorney if you plan to personally sue someone after a motorcycle accident.

Washington, DC subway accident lawyer Patrick Regan

Benefits of Hiring a Motorcycle Accident Attorney

If you are planning to personally sue someone after a motorcycle accident, there are benefits to hiring a motorcycle accident attorney. While you are never legally required to hire an attorney, failing to do so may impact the value of your case and cause technical errors that can cost you your claim.

Negotiation

While you may think filing a lawsuit against the negligent driver is the best choice in securing compensation for your losses, the reality is that it may not be. Most personal injury cases never make it to court and are likely to be settled outside of court with the at-fault drivers’ insurance company.

But, if you file a lawsuit and bypass the negotiation stage, you may not be able to negotiate, costing you more money.

A motorcycle accident attorney can negotiate with the insurance companies to get you the compensation you deserve. Then, if negotiation isn’t possible, they can begin the formal lawsuit process.

Build the Credibility of Your Case

Whether you are negotiating with the insurance companies or filing a lawsuit against the other driver, you will need to have all of the evidence and details of your case down to the dot. This means that you may need a lawyer to step in to help you build the credibility of your case. A motorcycle accident attorney can help by:

  • Gathering evidence: While you focus on recovery, your attorney can gather evidence from the accident. This will include your medical records, witness testimony, photos and videos of the accident, and the police report.
  • Calculate the value of your losses: What many victims in car and motorcycle accidents don’t realize is that calculating the total value of your claim is more than just property damage. Your lawyer will review the value of all of your losses from property damage, medical bills, lost wages, diminished earning potential, and pain and suffering.

Guide Your Family Through a Wrongful Death Case

In 2019 alone, 5,014 motorcyclists died in motorcycle crashes. If you have lost a loved one in a motorcycle accident, it can be difficult for the family to navigate the intricacies of a wrongful death case.

In these cases, a motorcycle accident attorney can guide the family through the wrongful death filing to ensure that the family has the resources they need to financially recover from the loss of a loved one.

How Long Do I Have to Personally Sue Someone After a Motorcycle Accident?

How long you have after a motorcycle accident to personally sue someone depends on state laws.

  • In Washington, D.C., you have three years from the date of the accident to file a claim against the at-fault driver.
  • In Virginia, you have two years from the accident’s date to file a claim or a lawsuit.
  • In Maryland, you have three years from the date of the accident to begin a lawsuit.

How Can the Motorcycle Accident Lawyers of Regan Zambri Long Help?

If you were injured or lost a loved one in a motorcycle accident, the time to act is now. Depending on the circumstances of the accident and the severity of your injuries, you may be able to sue someone personally after a motorcycle accident. At Regan Zambri Long, our motorcycle injury lawyers have a record of securing millions of dollars in settlements and verdicts for our clients.

Our attorneys will help you and your loved ones recoup losses for:

  • Medical expenses
  • Rehabilitation
  • Lost wages
  • Diminished earning capacity
  • Pain and Suffering

For a no-obligation, free consultation, contact the motorcycle accident attorneys at Regan Zambri Long PLLC by calling (202) 960-4596 or discuss the details of your case by using our online contact form. We represent motorcycle crash claims in Virginia, Maryland, the District of Columbia, and other states.

Contact Our Motorcycle Accident Attorneys Today

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Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

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