A personal injury claim for injuries following a motorcycle accident will involve several different types of evidence. However, expert testimony often plays a crucial role in this type of case.
Unlike eyewitness who personally see the accident happen, expert witnesses provide testimony based on their education, specialized training, and professional experience dealing with specific issues related to your claim.
Establishing Fault In Your Motorcycle Accident
Motorcycle cases can be difficult because of the common misconception that riding a motorcycle is inherently dangerous. To establish fault for the accident, you may need to enlist the services of an accident reconstruction expert. This is a professional who uses engineering principles, photos of the accident scene, and reports from law enforcement to determine how the accident likely happened.
Human factors experts are another type of witness who can help establish fault by providing testimony regarding what a reasonable person would have perceived given the lighting, weather conditions, and vision angles. Their testimony is especially useful when there is some debate as to whether the accident was caused by negligence or simple human error.
Proving the Severity of Your Injuries
Medical experts can be called on to testify about various aspects of your condition, including how they arrived at a diagnosis, if the treatment you’re receiving is accurate, and what your future prognosis will be if you haven't already reached maximum medical improvement (MMI).
Another area in which medical experts can be helpful is providing an explanation of your pain and suffering. This area of personal injury compensation is somewhat subjective, but a medical expert with experience handling your specific condition can help explain how your injuries would affect you both physically and emotionally.
Estimating Your Future Medical Costs
Motorcycle accidents often result in permanently disabling injuries such as traumatic brain injury (TBI) or paralysis. These types of injuries will require extensive ongoing treatment. A life care planning expert is someone who specializes in estimating the cost of future medical care given the current rate of inflation.
Valuing Lost Earning Potential
Economic loss experts are professionals who use data related to your education, work experience, local job market, and injuries to determine how your condition will affect your ability to support yourself in the future. They can help provide a figure for your total lost earning potential if you're no longer able to work or estimate a difference in salary if you're working in a new position as the result of the accident.
Determining Third-Party Liability
While most personal injury claims from a motorcycle accident are against the driver of another vehicle, you may have a product liability claim if components of your bike were defective and caused you to lose control. Design specialists or engineers can provide expert testimony in this circumstance to help establish the validity of a product liability claim.
Additionally, accidents caused by substandard repairs to your bike may be the financial responsibility of the mechanic who performed the work. You can have an experienced mechanic testify on your behalf to determine what errors were made and how this affected your ability to safely operate the bike.
Protecting Your Right to Compensation
When you've suffered injuries in a motorcycle accident caused by another driver's negligence, you're entitled to compensation for:
- Medical care
- Cost of any future medical needs related to your injury
- Lost wages during your recovery
- Any applicable loss of future earning potential
- Pain and suffering
Enlisting the services of an experienced personal injury attorney is the best way to protect your right to compensation after a motorcycle accident. Your attorney can help gather evidence to support your claim, locate appropriate experts to testify on various aspects of the case, and negotiate with the insurance company on your behalf.
It's understandable you might be concerned about the expense of representation if you're struggling to recover from serious injuries. However, personal injury attorneys work on a contingency fee basis. This means, your attorney will accept a percentage of the final settlement as payment instead of requiring an upfront retainer.
Neblett, Beard & Arsenault's legal team is dedicated to helping Louisiana residents advocate for their right to personal injury compensation. Contact us online or call us directly at 318.541.8188 to schedule a free, no-obligation consultation.