When faced with a motorcycle accident, any pre-existing conditions you have may work against your case, giving the insurance company an opportunity to state that the injuries have actually been caused by your pre-existing condition(s), and not by the accident.
Here is how to prove your accident injuries when you find yourself in a similar situation:
Proving Your Accident Injuries
Whatever you do, your goal should be to disprove the fierce statements from the defendant or the insurance company that other aspects in your medical history, such as your body mass index, symptoms of your age or another disease, are responsible your injuries that were actually sustained in the motorcycle accident.
Your job is to gather as much evidence as possible on the accident scene, seek immediate medical care after the accident, and hire a motorcycle attorney without any delay.
Your lawyer will then use your past and current medical records to prove that the injuries are a direct result of the crash. If any ambiguity persists, your attorney may involve a medical expert witness. This will be a doctor who has never provided you with medical care but will look at your medical records and details about the accident to assess how the injuries were caused and support what your physicians have said about your injuries.
HOWEVER, pre-existing conditions do not kill cases. The Defendant is responsible for any aggravation to a preexisting condition.
Conclusion
Drivers on the road have a legal responsibility to drive safe and prevent a crash. By causing an accident, they breach this duty of care owed to other motorists and pedestrians. When faced with a motorcycle accident, use this guide to prove that your accident injuries are direct result of the collision and have nothing to do with your pre-existing conditions, should you have any. Hiring a Los Angeles motorcycle lawyer can make that remarkably easy.