Motorcycle Accident Legal Questions

Sorry to hear that your're still experiencing symptoms from the motorcycle crash. Absent any fraud or duress in getting you to settle your case, there'd be no basis to reopen the settlement. That you are still experiencing symptoms is not grounds to vacate a settlement - that's the risk of settling. Every settlement takes into consideration the fact that the future is unknown and that your condition could improve, stay the same or, in your case, get worse. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

Sorry to hear that your're still experiencing symptoms from the motorcycle crash. Absent any fraud or duress in getting you to settle your case, there'd be no basis to reopen the settlement. That you are still experiencing symptoms is not grounds to vacate a settlement - that's the risk of settling. Every settlement takes into consideration the fact that the future is unknown and that your condition could improve, stay the same or, in your case, get worse. If you still wish to view your file, you'd have to go to the county clerk's office in which the case was filed and requisition it. Given how much time has elapsed, it's likely been archived. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

Feel free to reach out to any of us on this platform. Out-of-state attorneys can assist you in finding someone to take over the case in New York. Act quickly—judges typically give plaintiffs only a short window to retain counsel, and if counsel is not retained within that time, the case may be dismissed. Several of us would be glad to refer you to an attorney in New York.           ... Read Answer

It is impossible to answer your question without knowing more facts. Did she require emergency room treatment? Is she currently treating for her knee injury? Will she require knee surgery? Is she in physical therapy? Will she make a complete recovery or have permanent injury to her knee? Did she sustain any other injuries? What are the size of her medical bills to date? Liability obviously doesn't appeaer to be a factor given the fact that she was a passenger. You also seem to have a general idea about what her economic wage loss will entail. All of these factors go into deciding the value of her case. You are well advised to have your wife hire a personal injury attorney of her choice to assist her on her claim. She will receive a much better result with an attorney than attempting to settle the case on your own. The statute of limitations for personal injury in Wisconsin is three years. Under 893.54, failure to file a lawsuit within three years from the date of the accident, will forever bar her claim.... Read Answer

If the lawyer needs to go to court for hearings or trial it means he could not settle it.  All depends upon how the defendant and his or her insurance company responds  litigation usually is needed if unable to resolve by negotiations but every case is different and too many factors    you should be asking questions to your lawyer     ... Read Answer

Anytime there is an accident with property damage or personal injury you should report it to the police immediately so that they can make a report of the incident.  In addition, you should share contact information with the other person involved in the accident.  If you are able, you should take photos of any property damage, and the scene where the accident occurred. Lastly, you should contact your insurance company and make them aware of the incident.... Read Answer

It is difficult to answer this question without more information. It would be important to know how old your friend is. Whether or not he had any experience riding a motorcycle. If you allowed an unlicensed person to ride your motorcycle knowing he did not have riding experience, you would not have a good change in small claims court.... Read Answer

Under the law, the insurance company is only required to pay you for the current fair value of the bike (including the current fair value of the upgrades) at the time of the collision.  Unfortunately, it does not matter what you paid for the bike nor what it would cost to buy another bike.  If you believe that your bike is worth more than the insurance company is offering, you will need to provide the insurance company with written documentation (e.g. a letter from a property appraiser as to the value of the bike, a letter from a bike dealership) that your bike is worth more.  You could file a lawsuit and have a court determine the value of the bike but that will cost money and take time.  Good luck with this matter.... Read Answer

Parents would not be responsible if son has accident with his motorcycle and is at fault. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read Answer

Your acceptance of the check from your insurance company will not impact your ability to file suit against the person who hit you.  You should contact a local personal injury attorney (one in your state). An attorney wil put the insurance company of the tortfesor on notice of the claim. After your medical condition stabalizes, they can attempt to resolve your claim, or litigate if the carrier for the other side is not willing to do that. Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read Answer

You need to re-word your question. It's not clear what happened. If you were struck while riding your friend's bike and the person who stuck you is at fault, they should be held responsible for the damage to the bike as well as your injuries. If you can obtain the person's contact information, an attorney can pursue your claim for damages.... Read Answer

You would not sue yourself, you would sue the driver of the truck if you could not resolve the claim. Your grandfather's auopolicy may be responsible for paying for the medical bills, it depends on the facts.  You should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read Answer

The answer can depend on very specific facts which you have not provided so I suggest that you speak with a personal injury attorney.  In general, you have 2 years from the time of an auto accident to settle your claim or file a lawsuit to protect your rights.  But again, this type of question should really be answered during a phone call or meeting with a personal injury attorney.  Good luck with this matter.... Read Answer

You are being sued in a civil matter. Public Defenders only handle criminal matters not civil matters. I do not know what you mean when you say federal aid. The is Legal Aid in Maryland but I am not sure if they will handle this type of civil matter.  You should contact them and find out. There is a Pro Bono Resource Center of Maryland which you should also contact to see whether they handle this type of civil matter. Good luck with this matter.... Read Answer

Unfortunately, based upon what you stated in your details, the accident was your fault.  You knew that you were not properly skilled or licensed in motorcycle riding, but nevertheless got on the motorcycle and drove it.  The accident was due to your negligence in voluntarily getting on the motorcycle and driving it.  Even if the owner was negligent under some theory (which I think would be extremely difficult to prove), the fact that you still did it knowing you were not qualified to do so would make you more negligent than the owner.  And under Ohio law, when an injured party is more negligent than the potential tortfeasor, the injured party is primarily liable and barred from making a recovery. Based upon the information you provided, you are primarily responsible for your own injuries, and therefore barred from making a recovery against the owner of the bike. The only means of recovery that is possible would be medical payments coverage under the owners motorcycle insurance (if available) or your own automobile insurance (if available).  You should contact the owners insurer to see if medical payments coverage is available under the motorcycle policy, and if it is not, then you should contact your own automobile insurer to see if there is medical payments coverage under your policy.  Medical payments coverage is no-fault coverage meant to pay for medical expenses arising from an accident.  It doesnt matter who was negligent.  If you were involved in an accident, you are entitled to medical payments coverage up to the applicable limits, if there was coverage at the time of the accident. Best of luck.... Read Answer

Once you cash the check it will be considered a settlement payment.  If you object to the settlement you need to make it clear in writing that you have not been satisfied with the settlement amount.  If I were you I would not cash the check unless you determine in writing that cashing the check will not be considered a settlemt agreement.  Good Luck... Read Answer

I presume you have an attorney representing you in this wrongful death case matter.  If you do, I presume your attorney has told you that there are no guaranteed outcomes at trial.  Therefore, you should thoroughly discuss the pros and cons of settling versus going to trial.  Even if you are awarded more than the applicable insurance coverage in this matter, there is typically very little chance you will recover any money over and above the applicable insurance coverage.  Good luck with this matter.... Read Answer

You need to get a good Pennsylvania Motorcycle Accident Lawyer.  Often there is a camera attached to the light and it may have recorded the accident.  There may have been a camera at a nearby gas station or bank, and we have experts who have reviewed these cameras and been able to render a firm opinion on the color of the light from the timing sequence even where color was not visible in the video.  Failing that, you still have a viable case - the classic he said, she said, which likely merits further investigation.  Consult a good lawyer.  You can also get more information pertaining to Pennsylvania Motorcycle Accidents here.... Read Answer