Riding the open road on your motorcycle can be thrilling, but there are also risks. Another driver might not see you and cause a severe motorcycle accident. Motorcycle crash injuries can be devastating, and hiring a personal injury attorney is usually critical for the best outcome.
Speak to a motorcycle accident attorney today in your area for a free consultation. They’ll review your case for free and describe your legal options. You can receive compensation for your injuries and related damages.
Motorcycles Accidents Are Usually Severe
At least 5,000 motorcycle riders are killed every year. Tens of thousands more are severely injured, and other parties are usually to blame.
If another driver causes the accident and injuries, you can file a claim against the liable party under your state’s laws. This means you won’t have to pay for your medical bills and lost earnings from your pocket. You can receive a settlement from the insurance company or a jury award if the case goes to trial.
A motorcycle accident attorney should always be hired to maximize your compensation in a claim or lawsuit. You may shortchange yourself if you try to settle your motorcycle accident claim without a lawyer. You can have severe injuries that prevent you from working for the rest of your life. A motorcycle accident lawyer will pursue compensation for all of your losses.
As you consider hiring a motorcycle accident attorney, think about their many duties and benefits:
Gather Evidence To Prove Fault
When you hire a motorcycle crash attorney, they will immediately work to find out who is liable by collecting significant evidence and reviewing it. Critical evidence to prove liability may include eyewitness statements, crash scene evidence, police reports, statements from the parties in the accident, and surveillance video footage, if available. Your attorney may also retain an accident reconstruction expert to testify about how the accident happened.
Your attorney will attempt to prove liability by showing that the other party was negligent. The elements of negligence that must be proven are:
- The defendant had a duty of care: For example, car drivers on public roads have a duty of care to obey the law and not injure other motorists.
- The defendant violated their duty of care: For example, the driver may have run a red light, causing you to hit their car with your motorcycle.
- You suffered injuries from the accident: The resulting accident caused injuries.
- You have damages from the injuries: For instance, you can have $50,000 in medical bills and lost earnings from the accident.
Maximize Your Compensation
Motorcycle accidents are usually violent and severe. As a motorcyclist, you may have devastating injuries – head trauma, spinal cord damage, severe road rash, amputation injuries, broken bones, and more. Motorcycle accident victims can incur hundreds of thousands or millions in damages because of a driver’s negligence. You should always have a personal injury attorney skilled in motorcycle accident claims to help you. Getting as much compensation as possible is essential to get the medical care you need and have the best recovery.
The motorcycle accident lawyer you hire doesn’t charge upfront legal fees. They are compensated from your settlement through a contingency agreement. Most personal injury clients receive more money with their attorney’s help than they can alone, even after the attorney takes their fee.
Communicate And Negotiate With The Insurance Company
Your motorcycle accident attorney will deal with communications and negotiations with the at-fault driver’s insurance company. They also will ensure that all legal and insurance paperwork is filed correctly. Your attorney managing these aspects of the case means you can focus on healing and not worry about saying or doing something that damages your claim.
Your attorney will also ensure you don’t lose the right to file a lawsuit if settlement negotiations break down. Most states have a statute of limitations requiring the plaintiff to file their lawsuit within two or three years of the date of injury.
The attorney will negotiate aggressively with the auto insurance company to maximize your compensation. Insurance companies want to pay injury victims as little as possible. Your attorney is trained in insurance negotiations and knows approximately what your case is worth.
Document Your Losses
Your motorcycle accident attorney will review your injuries, medical records, lost earnings, etc., to understand the scope of your losses. Then, they will obtain the evidence to prove your financial losses to the insurance company.
For example, suppose you break several bones in your arms and legs in a motorcycle accident with a car driver. You can have tens of thousands of medical bills, lost earnings, or more. Your attorney will work with your medical team to understand your current and future medical treatment needs.
They will also obtain your employer’s earnings or salary information to demand lost current and future earnings. For a long-term or permanent injury, your attorney may also demand compensation for lost earning capacity. This would involve your attorney hiring economists or occupational experts to estimate the income that you won’t be able to earn in the future.
These loss estimates will be documented with convincing evidence and included in the demand letter sent to the liable driver’s insurance company.
Take Your Case To Court
Your motorcycle accident claim will probably end with a settlement. Most personal injury claims are resolved with an insurance settlement. Both sides usually want to avoid a lawsuit because of the expense and uncertainty.
However, the at-fault party’s insurance company might not make a fair offer that compensates you fully for your losses. In that case, your motorcycle accident attorney may recommend filing a lawsuit and going to trial. Your lawyer will make the most compelling case to the jury to obtain a verdict in your favor.
A unique factor in motorcycle accident trials is jury bias. Juries have been known to harbor negative preconceptions about motorcyclists. They may feel that motorcyclists are reckless thrill-seekers who cause their own problems. This isn’t fair because most motorcyclists are safe and law-abiding, but the potential for jury bias persists.
One way to deal with a possibly biased jury is to find an experienced personal injury attorney to conduct a complete investigation to prove that the other party caused the accident. With strong evidence showing the other party is liable, you can convince a skeptical jury that you deserve compensation.
What Is Your Motorcycle Accident Claim Worth?
There’s no easy answer to this question. Every motorcycle accident claim is as unique as a person’s fingerprints. The cause and effects of your motorcycle accident claim are different from any other, so the compensation you receive depends on the individual case factors:
Fault For The Accident
If another driver is 100 percent at fault for the motorcycle accident, your case is worth more. Cases where the motorcyclist is partially at fault usually lead to less compensation. The type of defendant also matters to your ultimate compensation. If the at-fault party is a truck driver and their employer, your case value can be higher if you have a severe injury. This is because insurance coverage can be higher when a company is at fault.
Your Damages
Motorcycle riding is fun, but there are serious dangers to your body if you’re in an accident. You’re ten times more likely to have a severe injury in a crash than a car driver or passenger. Your injuries can be worse, meaning your case value is higher than if you have a minor injury.
For example, if you have a spinal cord injury, you may have hundreds of thousands in current and future medical bills. You also can have years of lost earnings if you have a permanent disability. These losses will inflate the amount of your settlement.
Also, you can be entitled to considerable compensation for pain and suffering after a serious motorcycle accident injury. These damages may include:
- Physical pain and suffering from the injuries and treatments
- Your mental and emotional anguish related to the injuries and your limitations
- Your inability to enjoy life as you did before
- Future suffering and discomfort
- Loss of companionship and consortium
Insurance Available
You can have $1 million in medical bills, lost earnings, and pain and suffering from a severe motorcycle crash. However, if the liable driver has no auto insurance (a common occurrence), your compensation can be limited. Your attorney might help file an uninsured driver claim on your policy, but you may only receive $20,000 or $30,000, depending on your level of coverage.
Talk to a motorcycle accident attorney today to understand the potential case value of your claim.
How Long Will It Take To Settle Your Motorcycle Accident Claim?
The time it takes to settle your case depends just like your compensation. Minor accident claims might take a few weeks or two or three months. Serious accident claims can take months or years. Most motorcycle accident settlements proceed in this manner:
- Hire a motorcycle accident attorney: Retaining an attorney sooner rather than later is best. Your motorcycle accident attorney will immediately investigate the accident and collect evidence to prove fault. Any delay in hiring an attorney can lead to evidence disappearing and other problems, such as you saying something negatively affecting your claim.
- File a claim with the insurance company: You should call your insurance company after the accident. You can file a claim with your insurance company or file a liability claim under the at-fault driver’s policy. However, having a motorcycle accident attorney handle a claim on the liable driver’s policy is best. Insurance companies can take advantage of seriously injured parties without legal representation.
- Receive a settlement offer: The liable insurance company will make an initial settlement offer that is less than you deserve. You may settle for less than you should without a motorcycle accident attorney. A motorcycle accident attorney will know if a settlement offer is fair. If not, they will continue settlement negotiations.
- Take the settlement offer or go to trial: Settlement negotiations will continue until the insurance company makes its final offer. Your attorney can accept it or take the case to trial.
The time to resolve the case depends on when it’s over. A claim resolved with a settlement will be over in a much shorter time than if the case goes to trial. Getting the case on the court calendar may take months. Then, the jury selection and trial process will take several more weeks. Bear these timeframes in mind as you consider whether to settle or sue.
How A Motorcycle Accident Lawyer Is Paid
“I can’t afford an attorney!” It’s understandable to say that after a motorcycle accident. The good news is you don’t need to be able to afford a personal injury attorney. They are paid from your settlement or jury award by a contingency agreement. You don’t need to pay hundreds of dollars per hour for your lawyer’s services. There’s no risk taken when you hire a motorcycle accident attorney, and they’ll tell you upfront if you have a case.
Talk To A Motorcycle Accident Attorney
You have several broken bones and road rash after a severe motorcycle crash. Another driver pulled out in front of you and caused the accident. Why are you paying out of pocket for your losses? You should file a personal injury lawsuit against the liable driver. A motorcycle accident attorney can assist today. Your attorney will investigate the claim, prove liability, determine damages, and negotiate with the insurance company for the best settlement.
A motorcycle accident attorney is skilled in handling cases like yours and can guide you through every step. They have a deep understanding of the laws specific to motorcycle accidents, and can use this to build a strong case on your behalf.
By consulting with a motorcycle accident attorney, you can ensure that your rights are protected and that you receive the compensation you deserve. From gathering evidence and investigating the accident scene to negotiating with insurance companies, an attorney will handle all aspects of your case, allowing you to focus on your recovery.
Speak to a motorcycle accident attorney in your community today for more information.
