The other day, I got a call from a client who was on his motorcycle. He was traveling on a main thoroughfare where there was a yellow line separating his lane of traffic from vehicles going the opposite direction, and for some unknown reason a vehicle going in the opposite direction swerved into his lane and forced him off the road and into a tree. The question he had was, “Don’t I have a claim against this guy that drove over the yellow line into my lane of traffic?” The answer is yes. We will be looking to answer a few questions: Did that vehicle stop at the scene? Were you able to get information on that vehicle? Did the police come? Is it documented on the police report? If you have the license plate, a license plate search could be done to identify the vehicle; even better if the vehicle stopped at the scene, and the police arrived, and it’s now documented on a police report – you certainly have a claim against the operator of that vehicle.
Hazardous Road Motorcycle Accident
The other day I got a call from a client who was on his motorcycle in the parking lot of a supermarket and there were potholes all over the parking lot. Unfortunately, the front wheel of his bike landed in a pothole and it caused him to lose control and fall, and he suffered a significant leg injury. He asked me, “Can I go after the owner of the parking lot?” The answer is yes.We need to find out who the owner of the parking lot is. We need to find out who maintains the parking lot. There may be more than one party involved. It may be that the owner of the parking lot has a contract with the company that’s hired to maintain the parking lot, or a contract with a company that is hired to manage the entire premises, inside and outside. The answer to if you have a claim is yes.
Motorcycle Accident Case Value
People often ask me what the value of their case is. What is the value of the injury? The answer is complicated. There are many factors that go into play. One factor is the extent of the injury, let’s say it’s a broken wrist. It takes a while for that broken wrist to heal. We may not know for a year whether or not there are permanent issues relevant to that broken wrist, and that could add value to the case. It could be after a year that you’ve reached maximum improvement in terms of physical therapy and rehabilitation, but the wrist has what they call range of motion issues. If you move it too far to the left or right it begins to hurt; that’s important. That adds value to the case. Another issue that comes up is liability, pointing a finger at who caused the accident. That’s important; it’s not always clear cut. Sometimes you’ll have a defendant, the one that you’re pointing a finger at as causing the accident, point the finger right back and say that you caused the accident. These are issues that have to be resolved and ironed out that all go into determining the value of the case.
Motorcycle Accident Settlement Timeline
Clients often ask me, “How long will it take to get my motorcycle case resolved in New York?” There’s no easy answer to that. There are many factors that come into play. One factor is the injury itself. What type of an injury is it? How long is it going to take to heal? Some injuries can take over a year to heal, if not longer. You want to make sure that you don’t resolve the case before that, because there may be some residual permanency, relevant to the injury, that you want to factor into your determination as to the value of the case. Another factor that comes into play is liability. Whose fault is it? That’s a factor as well. Some cases require litigation in order to get the compensation that you’re entitled to. If the case requires litigation, it can take time. I will tell you that our firm is dedicated to making sure that we get you a resolution that you’re entitled to as quickly as possible.
Contact the Law Offices of Brian J. Elbaum today for a free case evaluation.
