Settlement Factors Influencing Motorcycle Accident Cases in Alaska
4 min read
Motorcycle accident injuries and cases are increasing by the day in Alaska, which has led in turn caused an influx for motorcycle settlement claims. Although motorcycle accidents appear less harmful than car accidents, they can also be dangerous and fatal.
Personal injury cases are usually complicated, more so, cases related to motorcycle accident injuries. Working with a competent attorney for motorcycle accident settlements is wise as they can help accident victims get equitable and accurate compensations.
What does Settlement Mean in Motorcycle Accident Cases
A settlement is an agreement to resolve a case without a court trial. When a case is resolved with a settlement, the two parties-the plaintiffs and the defendant- agree on what the plaintiff gets. The effect of a settlement is similar to that of a court trial.
In case the defendant defaults or fails to abide by the terms of the settlement agreement, it can be difficult to appeal in a higher court. Both parties should consider the settlement as a final resolution for the case. That’s why an attorney for motorcycle accident settlements should be involved when making such agreements. However, it’s important to be aware that certain factors may influence the final value to be paid.
How Do Courts Award Motorcycle Accident Settlements in Alaska?
First off, protective gear for motorcyclists should be used when riding to reduce injuries and the risk of fatalities in the event of an accident. The value of a settlement in a motorcycle accident case can have many outcomes if the case goes to court. The jury considers the following factors when arriving at the final settlement value.
Total Damages
Holding all other factors constant, total damages refer to economic and non-economic losses. Economic loss refers to the productive time spent from work, while non-economic loss describes the emotional and mental suffering of the victim. If the medical bills were $1,000, the settlement may be several times more.
Pre-Accident Economic Status
The circumstances surrounding motorcycle settlements are unique in each case. The disruption caused by the accident is a critical factor when determining the final settlement. For instance, if you were a custodian before the accident, and the injuries hinder your resumption to work, the settlement can be high, thanks to the lost earning capacity. If your working capacity wasn’t impacted, settlement may not be as much.
Ability to Pay
If the liable party (defendant) is insured, the insurance policy may impact the motorcycle accident settlement. In simple language, you’re likely to be awarded what the defendant can afford. The court will consider if the defendant owns more valuable assets, besides the insurance policy, when calculating the value of the final settlement.
Probability of Winning the Settlement Case
When the probability of winning a motorcycle accident settlement case is high, the settlement is usually higher than the total damages. If there’s doubt that the verdict will be favorable, the value of your settlement can be considerably low. Factors that influence a verdict include:
- The credibility of witnesses.
- Comparative negligence.
- Expert reports.
- Clarity of the causes of the accident.
- The jury’s opinions on motorcycling.
Causes of Motorcycle Accidents in Alaska
Motorcycles are generally used as a means of transport in many U.S states. In Alaska, motorcyclists must have a valid motorcycle license to operate a motorcycle. Cases of motorcycle accidents can reduce if road users pay more attention to their surroundings. Common causes of motorcycle accidents include:
Left-hand Turn Accidents
These accidents occur when motorcyclists or car drivers make left turns without giving way to oncoming traffic. The road user making a careless left turn is at fault. It could be the motorcycle or the car.
Open-door Accidents
Cases of cyclists running into open car doors are so common that there now referred to as dooring. You can’t be at fault if there was no way of avoiding the collision. However, you’ll be liable if the collision could be avoided.
Unforeseen Reversals
Here, the motorcycle collides with a reversing vehicle. It’s hard to see a reversing car at times, even when you’re most vigilant or keen.
Merging or Changing Lanes Carelessly
These accidents normally occur on busy roads and are attributed to inexperience. It takes a lot of practice to be able to change lanes or merge confidently.
Bad Roads
Potholes are a major cause of accidents in Alaska. While trying to evade a pothole, a motorcycle may collide with oncoming traffic.
How to Settle a Motorcycle Accident Case in Alaska
A motorcycle accident case is settled by negotiating with the other party (plaintiff or defendant). It includes providing evidence for a strong case. You can use a third party, such as an attorney for motorcycle accident settlements, for mediation.
If you’re pursuing a motorcycle accident claim for a loved one either or for yourself in Alaska, contacting a professional attorney for motorcycle settlements could be the missing link between you and a successful compensation process.
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