Tens of thousands of motorcycle drivers are hurt in accidents every year. If this has happened to you, you may plan to file a claim against the driver that hit you. You might also worry about whether you can win your case.
In order to get compensation for your injuries and damages, it is important to prove where the fault for the accident lies. In the state of Idaho, you may not be eligible for a financial settlement if the accident was your fault. When determining who is at fault for your accident, here’s what you should know.
What Constitutes Negligence in Idaho?
As in other types of personal injury cases, you will need to prove negligence on the other driver’s part in order to get compensated. The other driver may be proven negligent if any of the following were involved:
- The driver knew he or she had to drive in a responsible way
- The driver behaved carelessly or out of line with reasonable expectations
- The other driver directly caused your injuries through actions taken
You’ll also need to show that your injuries caused you to suffer damages such as hospital bills and missed time at work. However, the types of damages you might be entitled to are not limited to these examples.
The Other Driver May Accuse You of Negligence
If you file a claim against the driver of the car or truck that hit you, be aware that he or she may counter and accuse you of being at fault. The other driver will likely claim that you were to blame for the accident and your own injuries. You could be accused of any of the following in order to capitalize on the unfair bias motorcyclists often face:
- Speeding
- You were unable to control your motorcycle
- You failed to move out of the way
Other claims the other driver might make in order to avoid accepting responsibility for the accident include accusations that you made braking errors or even that your clothes were too dark and were therefore not visible enough to avoid.
Who Was Really at Fault?
Furthermore, it isn’t always another driver who is at fault. Other possible causes of motorcycle accidents include dangerous roads and defective parts.
Whether it’s another driver, a dangerous road that wasn’t properly maintained, or a negligent parts manufacturer that cause your accident, someone should reimburse you for what you’ve endured. Dealing with other drivers and companies who won’t accept responsibility requires the help of an experienced legal team.
Call a Boise Motorcycle Accident Attorney
If you have been in a motorcycle accident in Boise and you are wondering who is at fault, it’s best to consult with an attorney before proceeding. Don’t risk your health and wellbeing attempting to manage your case alone or by putting it into the wrong person’s hands.
Being able to clearly understand all of the issues in your case will help you prepare for any outcome and ensure that you get the best conclusion possible.
The lawyers at Craig Swapp & Associates are ready and determined to ensure that you get all of the compensation you deserve. Complete the form below or call our office toll free at 1-800-404-9000 to schedule a free consultation.
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Client Reviews
“I was concerned with all the paperwork”
Before calling your firm I had 2 big worries. One was I didn’t want to do more paper work, and that fear was resolved when I had to do very little, but Craig Swapp and Assoc. did most of it, and when I did have to come in to sign papers they worked around the times I could do it. Worry 2 was I didn’t want people to think I was “sue happy” and that I was just out to get money. I just wanted my bills to be paid for that were from the accident, and that was resolved I think by Mr. Wes Mortenson and Theresa because they listened to what I had to say.
Amber W.,
Spokane, WA
"I would hire them in a second"
My biggest fear was not having all the expenses caused by the accident paid for in full. I was assured they would be taken care of but I admit I was skeptical. When we wrapped everything up (which happened quicker than I was originally told) I had extra money in my pocket. I honestly thought there was a catch but my attorney explained everything to me in detail. If I am ever in that position again I’ll be giving Craig Swapp a call.
Robert N.,
Spokane, WA
"I was afraid of the fees"
I was afraid of the fees I would have to pay a lawyer. I waited over a year before hiring your law firm. I finally reached out to your online help where they were able to help me understand the process and what would happen. In all honesty I absolutely loved working with the individuals that were involved in my case. They were genuine & heartfelt about my case. It felt as though they really cared and were concerned about me, not just as a client but as a person.
Lacey B.,
Salt Lake City, UT
"I was afraid that my issue was too small"
I was afraid that my issue was too small to be handled, and that it would just be rejected. Or that I’d end up having to pay for my medical expenses and any of your teams expenses. I would definitely answer yes, it was resolved! I wasn’t ever made out to feel like my little issue didn’t matter, and my expenses were paid for- just what I wanted/needed.
J. Rohas,
Caldwell, ID
"I am very pleased with the results"
My biggest fear was that it would be pointless to pursue legal action in my case. I felt like maybe I didn’t have much of a case. After speaking with Paul, I realize it was not of my own fault and that others can be held responsible for the pain and suffering I went through.
Dollie J.,
West Jordan, UT