While riding a motorcycle can be both fun and exhilarating, a serious accident can have devastating consequences. Due to the lack of protection offered by the vehicle, riding a motorcycle does come with added risk. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 4 times more likely to be injured in a crash than passenger vehicle occupants.
The physical, emotional, and financial fallout after a significant motorcycle crash can turn your life upside down in the blink of an eye. As you try to put your life back together, how long you have to pursue compensation for your injuries may be the last thing on your mind. Unfortunately, you need to know that you have limited time.
If you wish to recover damages, you must file before the legal time limit runs out. And the longer you wait, the more difficult it may be to win your case.
Having a motorcycle accident lawyer on your side can give you the knowledge and confidence you need to move forward with your claim. To schedule a free case review with a Siegfried & Jensen motorcycle accident lawyer, call (801) 845-9000 or fill out our online form.
The Importance of Proving Fault When Pursuing a Motorcycle Accident Lawsuit
Motorcycle accidents can happen almost anywhere. Oftentimes, it is not difficult to determine who caused the collision. In some cases, one or more drivers may even admit fault at the scene of the accident.
When fault for the crash is disputed, you will need to prove that the other driver caused the accident if you wish to hold that person responsible for your damages.
In order to prove liability, the evidence must show clearly that:
- The other driver had an obligation to drive carefully and attentively
- The other driver was negligent, therefore not meeting the duty of care
- The motorcycle accident occurred as a direct result of the other driver’s negligence
- The motorcycle accident caused you actual injury or loss
Every driver and motorcycle rider has the responsibility to drive safely and obey traffic laws. If you can establish that another person’s unsafe or inattentive driving caused or contributed to your motorcycle accident, you may be able to file a claim or lawsuit against that party. That being said, injury victims have a narrow window of time to sue for compensation.
The Statute of Limitations in Utah Motorcycle Accident Cases
Facing your injuries and getting prompt medical attention is essential in making a full recovery after a motorcycle accident. Understandably, you may be focused on getting back into your daily routine as soon as possible. Yet, to recover damages, you should not put off taking certain legal actions.
The State of Utah has legislation in place limiting the amount of time you legally have to hold others responsible after a motorcycle accident. Generally, you have 4 years from the date of your injury or loss to file an insurance claim or lawsuit.
Four years may seem like plenty of time, but it is not in your best interest to delay filing your injury claim. If you fail to file your motorcycle lawsuit within the allotted time frame, you forfeit your legal right to recover compensation for your physical pain and suffering.
Factors That May Impact the Statute of Limitations
In a personal injury claim, various factors can affect the statute of limitations. Depending on the circumstances of your motorcycle accident and who was involved, you may have more or less time to file a legal action.
Factors that may impact how long you have to file a viable motorcycle accident claim or lawsuit in Utah include:
- When a government agency is involved in the accident claim: The statute of limitations may differ if you are pursuing a lawsuit against a legal entity of the State of Utah
- When a minor was involved in the motorcycle crash: If the injury victim was under 18, there might be additional time to file a personal injury claim beyond the 4-year statute of limitations
- When your injury was not immediately apparent: Under the Utah discovery rule, if you were not initially aware of your injuries, the statute of limitations may be delayed
The statute of limitations and all the rules that apply can be confusing. You should consult a knowledgeable motorcycle accident lawyer before taking legal action. He or she can thoroughly prepare you for the litigation process and ensure that no deadlines are overlooked as you seek financial restitution from the liable parties.
Use the Statute of Limitations to Your Benefit
As stated, you usually have 4 years in Utah from the date of the accident during which you can file a lawsuit to recover compensation for your injuries in Utah. But, in most cases, it is in your best interest to file your claim sooner rather than later.
Your claim is stronger when filed sooner for several reasons:
- Filing a claim will show that you took your motorcycle accident injuries seriously from the start, so the insurers will be unable to argue that you were not really injured
- If you hesitate to file your claim, the other party’s insurance company or legal team may assert that you made your injuries worse by delaying medical treatment
- The longer you wait to file a claim, the more difficult it may be for eyewitnesses and emergency responders to accurately recall the details of how the accident happened
- The more time passes, the greater the chance that important physical evidence from the accident will be lost or compromised since paperwork, medical records, photos, and video evidence could be misfiled or even accidentally deleted
Some pressing matters may need to be taken care of before you are in the physical and emotional position to take legal action after your accident. Still, it is usually best to start the process as soon as possible so you can make full use of the statute of limitations and build a strong injury case.
Reach Out to the Experienced Motorcycle Accident Lawyers of Siegfried & Jensen for Guidance
A bad motorcycle accident can wreak havoc on virtually every aspect of your life. Further, successfully pursuing a lawsuit within the allowed time frame after such an incident is no easy feat. This is no time to go it alone; you need and deserve proper legal representation.
At Siegfried & Jensen, our personal injury attorneys have represented Utah injury victims for over 30 years, and we can guide you through the claims process to ensure that no important deadlines are missed.
Our personal injury attorneys stand ready to advocate for you during this difficult time. Filing a timely injury claim is often a key step in regaining your peace of mind and quality of life after a serious accident. Once we take on your case, our team can do the legal legwork for you so that you can focus on your recovery.
Our lawyers believe that every injury victim deserves a voice. With a 97-percent success rate as a firm, we are determined to help each and every client rebuild his or her life to move forward.
Learn how the legal team at Siegfried & Jensen can help you today. Call us at (801) 845-9000 or fill out our online form for a no-obligation case evaluation. Your first consultation with us is always free.
