When you are the driver of a motorcycle, you generally have to worry about car and truck drivers not seeing you and hitting you. It does not frequently happen the other way around, but you certainly can be the person that hits another driver, or even another rider of a recreational vehicle. You may even sustain some of the same injuries regardless of who or what you hit or who/what hit you. If you are the one who hit somebody else, you may still be sued (personal injuries or no personal injuries). When that happens, you may want to file a countersuit, and here is how your motorcycle accident attorney may handle your case.
Reviewing the Circumstances of Your Case
While the other driver and maybe even the police would argue that you hit the other party involved, you can still file a countersuit if your injuries are severe enough and your insurance does not cover your accident. You and your lawyer may also have to show that you were not driving under the influence of drugs or alcohol, and/or the other person driving or riding was not paying attention. This may be difficult to prove in remote locations, but not so difficult to show in metropolitan areas where there might have been some street cameras in operation. If you were fortunate enough to get into an accident in view of street cameras, then your lawyer can acquire and review this footage as well.
If a police report was filed, be sure to supply your lawyer with a copy of this too. He or she may want to look for any inaccuracies between the report, your statements and any video footage of the accident (if it exists). Viewing your accident and its circumstances from all possible angles can help your lawyer figure out how best to defend your countersuit.
Filing Your Countersuit
Even if you were the offending party in an accident and you hit a car or passenger truck, you probably sustained more injuries than the driver of the other vehicle. If the other drivers did not sustain any major injuries, and the only damage they had was to their vehicle(s), then your countersuit could be for compensation for medical bills and any time lost from work. When the other drivers did sustain some injuries, a countersuit may be used to cancel out the medical expenses both parties faced. Your lawyer will explain this process in greater detail.