Highways and roads in Des Moines are undoubtedly dangerous. Law enforcement and local patrols have reported over 330 motorcycle accidents, and out of these, more than 10% of people suffer from lifelong injuries or even death. The National Safety Council is proactive about providing safe tips and secure riding practices to prevent serious injuries in case of crashes or collisions. People who are intoxicated or drive recklessly pose extreme risks not only to themselves but also to those around them. Being involved in an accident can be overwhelming; you are burdened with medical costs, financial expenses, and the anxiety associated with thinking about the road or that incident. One must know how to react and behave in these situations, their legal rights, and what to do to take legal action against the defendant.
If you have been in a major motorcycle accident and are planning to file a legal claim to sue the individual whose actions led to your injury, you must consult a skilled attorney or a renowned legal firm like RSH Legal to assist you.
What you need to know after a fatal motorcycle accident in Des Moines:
Certain circumstances result in a motorcycle accident and associated injuries. To file a legal claim, you must prove that the opposing counsel, i.e., the other driver, was liable and at fault for causing the accident. The strength of your case varies depending on whether the prosecution acted intentionally, negligently, or under the influence.
You need to establish the duty of care owed, the obliged duty was violated, and that the defendant is legally responsible for the damages inflicted.
Remember, if both parties were at fault, comparative negligence comes into play. If you and the defendant are both 50% at fault, your chances of getting your claim approved and receiving compensation for your losses are reduced. To claim any payout, you must prove with the required evidence that the defendant had a 60% or greater contributing factor in the incident.
Furthermore, legal procedures can be tricky and challenging. You must seek legal help if you are fighting a strong opposition or authorities. The insurance companies of these large entities are quite aware of the legal process and may use various means to deny your claim and reduce your total payout. They might even trick you into signing an agreement before filing any claim. However, a lawyer understands the true value of the settlement offered, which might not cover your physical, financial, and mental losses.
What you should do in the aftermath of a tragedy—A Motorcycle Accident:
- Get to safety: After the accident, don’t look for your bike or the damaged parts, as this exposes you to additional risks on the road that could lead to another severe accident. Move off the bike, don’t remove your helmet just yet, and get to a safe location. If someone is with you, help them find a secure spot. Then check for injuries. If you have an emergency kit, use it to stop any bleeding, if present. Call 911 or an ambulance for assistance.
- Don’t aggravate your injuries: Being hit by a car or another motorcycle can cause serious injuries initially. Even if you don’t see visible injuries and think you are fine, you must seek medical attention as soon as possible. Don’t overlook any swelling, numbness, or concussions, as they can develop later into life-threatening conditions. One example of such injuries is traumatic brain injuries.
- File a report and gather evidence: File a police report to notify them about the accident. Authorities will likely respond to the scene and investigate further. Obtain an additional copy of the report and gather as much relevant evidence as you can that links back to the events of the accident. The collected evidence will support your testimony before the jury.