Bikers Trust Our Motorcycle Accident Attorneys
If you’ve been injured in a motorcycle accident, it’s absolutely critical that you seek legal assistance as soon as possible.
Don’t navigate the process on your own — the law is complicated, and insurance companies can be extremely hostile. With the aid of an experienced attorney, you can cut through this complexity and obtain the compensation you deserve.
What to Expect From A Motorcycle Attorney
First-time plaintiffs may worry that their case isn’t “legitimate” under the law. It’s important to understand that motorcycle accident claims are diverse.
Whether you have an actionable claim is dependent on the circumstances. There is no one-size-fits-all answer. You’ll want to speak with a qualified motorcycle accident lawyer for guidance on how to best proceed.
Here at 1-800-THE-LAW2, our motorcycle accident lawyers can assess your case in a short timeframe, as many of them have represented individuals in motorcycle accident disputes. Some of the most common motorcycle accidents causes include:
- Hit and runs
- Lane splitting
- Failure to yield
- Driver fatigue
- Driver intoxication
- Reckless left turns
- Unsafe lane changes
- Defective road conditions
- Collisions with other motorists
- And more
We do not recommend handling your claim without legal representation — if you do, then insurance companies can and will take advantage of complicated procedural and legal issues to put you in a vulnerable position.
Once you hire an attorney, they will be a comprehensive advocate for your rights. It’s their job to keep you informed of every step in the legal process (without having to get you involved in the tediousness of filing paperwork, gathering evidence, or communicating with your insurance company).
What can our lawyers help you with? They can:
- Secure medical care on your behalf, regardless of insurance status
- Preserve your rights as an accident victim
- Get your motorcycle repaired or replaced
- Recoup lost wages and future income loss
- Be reimbursed for out-of-pocket expenses
- Obtain compensation for the loss of a loved one
- And more
What To Do After A Motorcycle Accident
After a motorcycle accident, there are several steps that you should take to preserve your rights and maximize your chance of success in the event of a lawsuit. Make sure to do the following:
1) Secure emergency medical assistance.
If you’re severely injured, then immediate medical assistance may be necessary to avoid a life-threatening situation. Even if your injuries are minor, it’s important to obtain such assistance. What appears to be a minor injury could reveal itself to be a much more serious issue (after your doctor performs diagnostics).
2) Cooperate with law enforcement but do not disclose more information than you have to.
Unless you’re leaving in an ambulance, try not to leave the scene of the accident without calling law enforcement. They will write a report on the accident and create valuable documentary evidence that you can introduce at court. When speaking with police, however, do not disclose information that could undermine your claims (i.e., admissions of fault).
3) Do not speak with insurers or disclose anything without first hiring an attorney.
Insurers are not your allies. If you speak to an insurance agent on your own, they will attempt to goad you into revealing information that could be used to undermine your claims. Hire an attorney who can speak to the insurer on your behalf.
4) Gather evidence (if you are not severely injured).
Get the contact information of eyewitnesses and take some photos of the accident scene.
Gathering evidence at the scene of the accident can help support your motorcycle accident claim. For example, pictures of the skid marks can be shown to an accident reconstruction expert who can piece together the speeds and angles at which the vehicles were traveling — this can be used to show that the defendant was at-fault, and you were not.
5) Consult an attorney as soon as possible.
In every state, there is a statute of limitations deadline that applies to motorcycle accident injury claims. If you fail to file your claims before the deadline, you could lose the right to sue and recover damages. Contacting an attorney early will ensure that you satisfy all the procedural requirements.
How Motorcycle Accidents Lead To Severe Injuries
Motorcycle accidents often lead to severe injuries, as the safety features are less comprehensive than comparable four-wheel vehicles.
For example, there’s no seatbelt on a motorcycle (and so you’re at risk of being thrown off the motorcycle and colliding with another object on the roadway). Similarly, motorcycles do not feature material to make for an impact barrier — in other words, there is little-to-no material to absorb the force of impact and minimize the physical trauma of a collision.
- 4,985 motorcycle riders were killed in accidents in 2018.
- Motorcyclists are 29 times more likely to suffer fatal injuries than car passengers.
- 45% of motorcycle crashes result in more than a minor injury.
Given the likelihood of severe injury, it’s critical that you secure immediate medical assistance in the event of a motorcycle accident — even if you’re not sure that you’ve been seriously injured. Many injuries are not obvious upon first impression, but become clear after doctors complete a thorough diagnosis.
Compensation in motorcycle accident cases tends to be “higher” than your typical car accident case.
Recall that — on average — motorcycle accidents lead to more serious injuries than comparable car accidents. Motorcycles have fewer safety features. If a car collides with you while you’re riding, then there is minimal material to crumple and shield you from the force of impact. As a result, you’re likely to suffer serious injuries in any motorcycle accident collision that occurs at a high speed.
Maximizing compensation becomes that much more important. As a vulnerable plaintiff with serious injuries, you need to secure the best possible compensation package that you can to ensure that all your damages are covered.
Compensation may be broken down into several different damage subcategories:
- Medical expenses
- Wage loss
- Loss of future earning capacity
- Property loss
- Pain and suffering
- And more
Skilled attorneys understand how to make a comprehensive claim for damages, and how to present the evidence to support a high damages claim.
Q: What if I wasn’t wearing a helmet? Can I still recover damages?
A: If you weren’t wearing a helmet at the time of your motorcycle accident, then you may still be entitled to compensation, though it may be somewhat complicated to prove that you have a right to recover.
Fault can be tricky in personal injury lawsuits. In many states, such as California, the doctrine of pure comparative fault applies. Under the pure comparative fault doctrine, an injured plaintiff is entitled to compensation minus the percentage fault that they themselves contributed.
For example, if you were not wearing a helmet at the time of the accident, then it’s very likely that the court will find that you were at least partially at-fault for your own injuries (if you sustained head injuries).
If the court finds that you are 20 percent at-fault, and your total damages would have been $100,000, then you would be entitled to $80,000 in compensation. Thus, you would still have a right to recover damages, but it would simply reduce your damages. In some states, however, it’s worth noting that “any” fault contribution can preclude recovery. It’s important that you consult a qualified attorney for guidance on this matter.
Q: Am I entitled to compensation if I don’t have insurance?
A: Yes, you are.
Insurance coverage is not a necessity for compensation. If the defendant is responsible for your injuries, then they may have insurance coverage — and if so, then when you sue the defendant for damages, the insurer will step in to handle the lawsuit. This insurer can be negotiated with, and may very well decide that it is in their best interest to come to a fair settlement than to drag on the lawsuit.