5 Parties You May Have A Case Against If Your Child Was Injured In A Motorcycle Accident
Having a child involved in any kind of vehicular accident can be devastating; however, the injuries sustained if your child was involved in a motorcycle accident as either a pedestrian or a passenger can be particularly bad. Similarly to other types of accidents, your child's medical costs and pain and suffering may be covered by an insurance company or one of the responsible parties if your child was injured in a motorcycle accident. However, motorcycle accidents have some specific intricacies that you should be aware of.
The Motorcycle Driver
Even if the motorcycle driver was yourself or a close family member, it is important to recognize that in most states, the motorcycle driver will be found partially at fault for many accidents. This means that the cost of injuries to any passengers will likely fall, at least partially, on the driver. It is important to realize that even if the driver is a relative of the passenger, their insurance will likely cover the costs of most injuries that the passenger sustains.
When dealing with your own insurance company, it is important to work with a lawyer to make sure they pay their full coverage and that you identify other responsible parties if they exist in order to reduce the financial burden on yourself.
Any Other Drivers Involved
If the accident involved more than one vehicle, it is possible that the driver of the other vehicle may be partially or completely responsible for the accident. While the police report may be an important part of proving liability for an accident, it is not the only thing that insurance companies consider when deciding who was at fault. Talking with a lawyer about gathering evidence to present to your insurance company can help you prove that the other driver was at fault or partially responsible for the accident, which can take some of the financial responsibility off of you.
The Motorcycle or Safety Gear Manufacturer
If the accident was caused by a fault in the motorcycle or safety gear, then the manufacturer may be responsible for paying the medical costs for the victim. This is especially applicable to cases involving children, as you are likely to have extra safety gear such as additional foot pegs or a child restraint as well as a child helmet. However, it is important that these items were properly installed and fitted for your passenger before pursuing a case against their manufacturers.
The Party Responsible for Maintaining the Roads Where the Accident Occurred
A motorcycle is much more likely than a car to get into an accident due to a slick patch of road or because of potholes in a road. Since minor road issues can contribute to your accident, then you may have a case against the municipality that is responsible for maintaining the road where your accident took place if you swerved to miss a pothole or if the motorcycle entered a hole and the driver lost control. Additionally, if the accident was caused by an item obstructing the road, the party responsible for leaving that item in the road may be at fault for the accident.
The Establishment that Served a Driver Alcohol If They Were Intoxicated at the Time of the Accident
If the driver was intoxicated when the accident took place, the establishment that served them alcohol may be partially responsible for the accident. It is important to keep this in mind even if you were the driver. However, this is only applicable if you were visibly intoxicated and the establishment continued to serve or sell you alcohol.
If you have a child who was involved in a motorcycle accident, even if you were the driver, it is important to talk to a lawyer to determine other partially responsible parties. Contact a firm like Scherline And Associates for more info.
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