Motorcycle accidents are terrifying and stressful no matter where they happen. However, when an accident happens when you are out of town and out of state, there is a higher level of uncertainty and confusion. There are steps you can take to protect your legal rights after a motorcycle accident out of state.
Call the Police
Always call the police to the scene of a motorcycle crash. If you suffer serious injuries, you will likely be immediately transferred to an emergency room in the area.
Since you are from a different state, you may not clearly understand how or where to access the police report for your accident. You should receive a preliminary informational report with further instructions. If one is not given to you, ask the law enforcement officer when and where you can get your report as it can be important for your case.
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Follow Your Medical Treatment Plan
Anyone in a motorcycle accident should get a medical evaluation and care. Even if you believe you are not seriously injured, injuries or complications can develop over time that can potentially be life-threatening.
Once you undergo an evaluation and receive a treatment plan from a medical provider, keep up with all follow-up care. Since you are from out of state, it may take some effort to transfer medical records and find specialists and doctors in your area that can help you through your recovery once the hospital releases you.
Contact a Motorcycle Accident Attorney
As a motorcyclist, you can face biases and hurdles that other victims of negligent traffic accidents may not. Insurance companies will try to pin most, if not all, blame on you for the collision. An attorney will ensure you are not taken advantage of and that the evidence in your case and your rights under the law are considered throughout your claim and case.
A motorcycle accident lawyer can help you manage your case and all parties involved, including the insurance company and the party at fault for your injuries. They can work with you to build your case, understand the severity of your injuries, help you calculate the entirety of the damages to you because of the accident, and try to work for the best possible solution for you.
Do You Need to Contact a Motorcycle Accident Attorney in the State Where the Accident Took Place?
It’s likely you will need to hire an attorney in the state where the motorcycle accident happened. While it is the hope that your case is resolved by negotiating a settlement, you must prepare for the possibility that a lawsuit may become necessary. A motorcycle accident attorney can only represent their clients in the jurisdiction where they are licensed to practice.
There is also the matter of convenience; usually, the parties involved and the insurance company representatives handling your claim are in the state where the accident occurred. If your case goes to court, it is likely to end up in a court within the out-of-state accident location, so having an attorney in the area is a must.
The Laws that Apply in a Motorcycle Accident Case
Each state has laws that determine how a case proceeds and guide the liability and compensation issues in a personal injury case, such as a motorcycle collision. For example, when you are a motorcycle accident victim, the laws that apply in your case can most commonly be those of the state where the accident occurred. One of the most common differences between states in traffic-related accidents is whether the state’s laws follow a fault or no-fault system of liability.
Where you live does not have a bearing on the compensation, the rights, and the types of damages available. For example, you may be eligible for certain damages in one location that may not be available in the location where the motorcycle accident happened. Therefore, having a local, experienced, and knowledgeable motorcycle accident attorney representing you in your out-of-state motorcycle accident is vital.
Statute of Limitations for a Motorcycle Crash
When considering filing a lawsuit in an out-of-state motorcycle accident, you must pay careful attention to the time available under the statute of limitations. The statute of limitations applicable to your case is most likely the one in the state where the accident happened. Statute of limitations can vary significantly from one state to another.
While you may think you have plenty of time because your state has a more generous timeframe to file a motorcycle accident lawsuit, some states have a statute of limitations that can be as little as one year.
What Compensation Are You Eligible for in an Out-of-State Motorcycle Accident?
Generally, the damages available to victims of motorcycle accidents due to negligence are similar from state to state. However, some states may have a cap for certain types of damages or can even disqualify damages for some losses depending on the facts of your case and the determination of fault by the insurance company or the court.
Damages in an out-of-state motorcycle accident can include:
- Medical losses
- Income losses
- Pain and suffering
- Property damage
- Wrongful death
After a Motorcycle Accident, Call a Morris Bart Personal Injury Lawyer
With 15 office locations throughout Louisiana, Mississippi, Alabama, or Arkansas, a Morris Bart personal injury lawyer is available when you need one. We are available to speak with you 24 hours a day, seven days a week. Our team can help you understand what compensation you may be eligible for after a motorcycle collision.
If you are a victim of an out-of-state motorcycle accident in Louisiana, Mississippi, Alabama, or Arkansas, contact us to schedule a free consultation about your case.
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