Do You Have to Go to Court for a Motorcycle Accident?

Typically, you do not have to go to court for a motorcycle accident, though litigation may be necessary in some circumstances. After a crash, you may be nervous about pursuing a personal injury claim and enduring the emotional burden of a trial. Understanding when a trial may be necessary and how a California motorcycle accident lawyer or Idaho motorcycle accident lawyer can help you prepare may make you more confident in the legal process.

In this article, we’ll discuss when motorcycle accident cases may go to court, how state laws affect your case, and how a personal injury attorney can help you throughout the legal process.

Do All Motorcycle Accident Cases Go to Court?

Most motorcycle accident claims are resolved through insurance settlements. Going to court is usually only a last resort when both parties cannot agree on a fair settlement.

Common situations where a trial may become necessary include disputed liability, severe injuries with significant damages, and lowball settlement offers or other bad fair actions by the insurance carrier.

Disputed Liability in Motorcycle Accident Cases

Liability is often a sticking point in personal injury claims, as you must prove that someone else’s negligence led to your injuries. Some ways liability may affect your case include:

The Insurance Company May Deny Liability After a Motorcycle Accident

The at-fault driver’s insurance company may argue that their policyholder was not responsible and refuse to offer a settlement. The motorcycle accident victim may then need to go to court to prove the other driver was at fault. If this happens in your case, your motorcycle accident attorney will perform a thorough investigation of the collision and present the evidence they uncover to the jury.

Comparative Fault Disputes

Per CIV § 1714, California is a pure comparative negligence state, meaning injury victims can pursue compensation as long as they are less than 100% at fault for an accident. Idaho also follows a comparative negligence rule, but you must be less than 50% at fault to recover damages, per Idaho Statutes § 6-801.

In both cases, victims’ recoverable compensation is reduced by their percentage of fault. An insurance adjuster may try to argue you bear a higher portion of fault than you do and offer you a lower amount of compensation or deny your claim.

Going to court may be an option in this case, as it allows a judge or jury to determine the percentage of fault assigned to each party. Your personal injury lawyer will build a compelling case and present the evidence they’ve gathered.

Lack of Sufficient Evidence for a Settlement in Your Insurance Claim

If evidence is lacking, such as not having video footage of the crash, conflicting witness statements, or an inconclusive police report, the case may require litigation. In this case, your motorcycle accident injury attorney may use expert witnesses such as an accident reconstructionist to help establish fault.

Multiple Parties Involved in the Motorcycle Crash

When multiple vehicles are involved, opposing insurance companies may try to blame one another to avoid paying damages. Filing a motorcycle accident lawsuit and going to court may allow your lawyer to clarify liability and ensure you get fair compensation for your losses.

The Liable Party Claims the Motorcyclist Was Reckless

Common defenses in motorcycle accident cases include alleging that a motorcyclist was speeding, lane-splitting, or not wearing a helmet. All these accusations may affect an injury claim. If they do, your attorney may suggest going to court to challenge these accusations with solid evidence.

Severe Motorcycle Accident Injuries and Their Impact on Settlement Offers

With severe injuries or extensive losses, it may be challenging to obtain a fair settlement through negotiations alone. However, taking your case to court not only allows your lawyer to demonstrate the full extent of your losses but also opens the door for a higher settlement, giving you hope for a fair outcome.

Your attorney may call on expert witnesses, such as medical and financial professionals, who can prove the extent of your injuries and their impact on your life and finances in the future.

Low Settlement Offers in Motorcycle Accident Cases

While some insurers may offer a settlement that meets your needs, others may try to lowball you. It’s important to remember you have the power to not settle for less. Insurers know injury victims often face financial pressures and other stress and may want to settle their case as quickly as possible.

If negotiations fail to get the results you need, your lawyer may suggest taking your case to court, where they can advocate for fair compensation.

How California and Idaho’s Personal Injury Laws May Affect Your Claim

In addition to the comparative negligence rules mentioned above, a statute of limitations also affects your ability to file a lawsuit. Under CCP § 335.1 and Idaho Statutes § 5-219, you generally have two years to pursue a personal injury lawsuit in California or Idaho.

Failing to do so may result in the court barring you from taking legal action. Some exceptions may apply, so be sure to discuss this legal timeline with your attorney.

What Is the Litigation Process Like in Motorcycle Accident Cases?

The litigation process includes some key steps, including:

• Your motorcycle accident lawyer files a personal injury lawsuit.
• The case enters the discovery phase, where attorneys on both sides gather evidence and take depositions.
• The case enters mediation in hopes of reaching a settlement.
• A trial occurs if a settlement agreement does not occur.

How a Motorcycle Accident Lawyer Can Help You

Whether you are planning to go to court or hoping to avoid it, having legal representation can help you feel prepared throughout the legal process.

Your lawyer brings many advantages to your case, including:

• Extensive negotiation experience: Your lawyer will handle discussions with insurers to advocate for fair compensation.
• Investigative skills: Your attorney will listen to your story and fully investigate your accident, including collecting evidence to prove the other party’s negligence.
• Legal knowledge and experience: From filing necessary paperwork to representing you in front of a judge and jury, your attorney has the experience to guide you throughout your case.

Contact a Motorcycle Accident Attorney to Get Started on Your Case Immediately

If you are hesitant to start an accident claim because you’re worried about the stress of a trial, remember that it is unlikely to go that far. Additionally, you deserve justice for everything you’ve suffered. A trial may be your best option to get the maximum compensation you are entitled to.

Whether your claim is resolved via a settlement or in court, our motorcycle accident injury lawyers will protect your legal rights and advocate tirelessly for fair compensation. We work on contingency fees, so there are no upfront costs, and you only pay us if we recover compensation for you. Contact our legal team at Sargent Law Firm Injury Lawyers for your free initial consultation.