If you’re at the point where you are involved in a motorcycle accident lawsuit, then you already know there could be challenges. If you are thinking about filing a claim against somebody else, we encourage you to speak to an attorney who can help you with this process because there certainly are pitfalls that you want to avoid. As we review some of these pitfalls, keep in mind that any one of these could potentially derail a claim you may have against somebody else.
Underestimating Comparative Fault
One of the biggest pitfalls in a Mississippi motorcycle accident lawsuit is underestimating how comparative fault can affect your case. Mississippi follows a pure comparative negligence system, which means that even if you were partially responsible for the accident, you may still be able to recover compensation. However, your recovery can be reduced by your percentage of fault.
For example, if a jury determines that you were 20% responsible for the accident, your damages award could be reduced by 20%. Insurance companies know this and often look for opportunities to shift blame onto motorcyclists. They may argue that you were speeding, changing lanes improperly, or otherwise contributed to the crash. Even comments made at the scene of the accident can sometimes be used against you later.
Because fault can have such a significant impact on the value of a claim, it is important to understand how comparative negligence works and avoid making statements that could be interpreted as accepting responsibility before all of the facts are known.
Missing Crucial Evidence
Evidence is the foundation of any successful motorcycle accident claim. Unfortunately, some accident victims do not realize how quickly important evidence can disappear.
Photographs of the accident scene, damage to the vehicles involved, road conditions, skid marks, and visible injuries can all play a role in establishing what happened. Witness statements can also become more difficult to obtain as time passes and memories begin to fade. In some cases, nearby businesses or traffic cameras may have captured the collision, but that footage may be erased if it is not requested promptly.
Medical records are equally important. If there are significant gaps in treatment or missing documentation regarding your injuries, the insurance company may attempt to argue that your injuries are not as serious as claimed.
The sooner evidence is gathered and preserved, the stronger your position may be when negotiating a settlement or presenting your case in court.
Posting About the Accident on Social Media
Many people do not think twice about posting updates on social media. Unfortunately, doing so after a motorcycle accident can create serious problems for your case.
Insurance companies and defense attorneys frequently review social media accounts looking for information that can be used against claimants. Even seemingly innocent posts can be taken out of context. A photo of you attending a family gathering, going on vacation, or participating in a recreational activity may be used to suggest that your injuries are not as severe as you claim.
Comments about the accident can also become problematic. If you speculate about what happened, discuss fault, or make statements that appear inconsistent with your claim, those posts could be introduced as evidence.
For these reasons, many Jackson auto accident attorneys advise clients to avoid discussing their accident, injuries, or lawsuit on social media while a claim is pending. A few moments of online sharing are rarely worth the risk.
A Motorcycle Accident Attorney in Mississippi Can Help
Motorcycle accident claims can be more complicated than many people realize. Between comparative fault arguments, disappearing evidence, and insurance companies looking for ways to minimize payouts, there are numerous pitfalls that can affect the outcome of your case.
The good news is that you do not have to navigate these challenges alone. An experienced attorney can help protect your rights, preserve critical evidence, communicate with insurance companies, and pursue the compensation you deserve.
If you have been injured in a motorcycle crash, contact Hearn Law Firm through the contact page or call (662) 235-8850 to discuss your case. The sooner you seek legal guidance, the better positioned you may be to avoid common mistakes and protect your claim.