How does one navigate the issues which face motorcyclists?
If you’ve been injured in an accident, we will use all our power, experience, and resources to get you all the money you deserve when you choose the Haymond Law Firm.
To help you understand what route to take, let’s look at the law at work. Let’s assume you are riding the streets at Laconia, and suddenly, a car traveling opposite you tries a left hand turn, leaving you no time or distance to avoid a collision, and the impact flips you over your handlebars and onto the street.
What do you do?
To determine whether you have a claim, four basic elements of fact and law must be established: (1) Duty; (2) Breach; (3) Causation; and (4) Damages.
1) First, a driver of an automobile owes a basic duty to other travelers to operate his or her vehicle in a reasonably safe manner. The law of each state establishes more specific duties as well. In our example, many states have laws that require a driver making a left turn to yield to oncoming traffic until the turn may be made with safety.
2) Second, a breach of the driver’s duty must be established by the facts. This second element of the case is more commonly referred to as negligence. In our example, if the facts establish that the driver failed to yield the right of way to you, then the driver has breached his or her duty.
3) Third, the breach, or negligence, of the driver must cause the accident. In our example, the fact that the driver failed to yield must also be the direct and proximate cause of the accident. The question becomes whether the driver’s action was the most substantial factor in causing the accident.
4) Fourth, the negligence of the driver must cause you injury. In our example, you must establish what injuries are caused by the negligence of the driver. Once the nature and extent of the injuries are determined, then we can aggressively pursue fair, just and reasonable compensation for you.
What is fair, just and reasonable compensation?
No specific formula exists to determine and calculate damages. Although no formula exists to determine fair, just and reasonable compensation, we use our experience to advise our clients. We analyze the nature and extent of the injuries, the medical bills, lost wages, permanent impairment if diagnosed by a doctor, as well as your emotional pain and suffering.
Ultimately, we must understand how the injury has impacted your life while recuperating and how the injury may impact your life into future. Connecticut motorcycle accident lawyer John Haymond is here to help you.
What do you do about that Harley or Honda?
Perhaps you have had custom work performed, or your bike is a classic. To ensure fair compensation for the damages to your bike, get all your receipts together for the custom work, and your personal property as well such as leather jackets, helmets and clothing.
Our office prides itself on helping motorcyclists receive fair compensation for the bikes even where custom parts or after-market work has been performed. Taking a few steps now will protect you later.
1) Keep receipts for work that is performed.
2) Insure your motorcycle as a customized or antique vehicle, speak with your agent to do so.
What about towing and storage?
Try to secure the motorcycle in a location where it will not be charged storage fees. Often times this is difficult, or impossible, but if it can be done, it will give you more time to present your case on the value of the bike. If the bike is towed and/or goes into storage, the insurance carrier for the party that caused the accident will usually pay for reasonable towing and storage charges up until the time the company extends payment for repairs or total loss of the motorcycle.
A few words about insurance …
Protect yourself and not just your ride. With these watch words in mind, speak with your agent about purchasing the following type of insurance:
1) Medical Payments Coverage, especially if you do not have health insurance.
2) Underinsured Motorist Coverage, purchase as much as you can afford above the state minimum. If you are involved in an accident, and the at-fault driver does not have enough coverage to fully compensate you, then you may go after your own underinsured motorist protection. High limits for your underinsured motorist coverage may be the most important insurance coverage you ever purchase.
At the Haymond Law Firm, our philosophy is to be prepared. Our mission is to communicate, counsel and enlighten our clients. Our goal is to achieve results. By being prepared, together, we can achieve.
If you believe that you have been a victim of a motorcycle accident, or have questions regarding your legal rights, contact the Haymond Law Firm for help.