According to the National Highway Traffic Safety Administration, more than 80 percent of all reported motorcycle collisions result in severe injury or death. This is often because the motorcycle itself offers little protection to the rider, and ejection from the bike is common following a crash.
As a result, following a motorcycle accident, it is likely that these motorcyclists will suffer catastrophic injuries, debilitating pain, and astronomical medical expenses that will forever impact not only them but their whole family as well.
Yet, if this devastating motorcycle crash is due to the wrongful actions of another individual, you should not be the one on the hook for all the bills and expenses that result from it. Rather, you deserve compensation for your losses and justice for the harm you endured.
Before you can go after this money, you need an experienced legal team on your side. Don’t believe us? In this blog post, we will show you how a resourceful and skilled law firm can get you the legal help you need to pursue the damages and the relief you require.
A Lawyer Can Determine What Caused Your Motorcycle Crash
A motorcycle crash can happen because of:
- Motor vehicles making a left-hand turn: These accidents often involve a turning car that hits the motorcyclist going through an intersection, trying to pass the vehicle, or overtake it.
- Dangerous road conditions: Unfortunately, loose gravel, slippery surfaces, road debris, and uneven payment can result in deadly motorcycle crashes.
- A head-on crash: If another driver is not paying attention to the road, it can lead to a deadly head-on collision with a motorcyclist. Generally, these crashes result in the motorcyclist getting crushed by the other vehicle or thrown through the air and slammed into the pavement, a stationary object, or a car.
- Speeding, reckless driving, and intoxication: Motorcycle accidents are also more likely to occur when motorists drive at excessive speeds, drive aggressively, or drive under the influence of alcohol or drugs.
Although it is often challenging to determine exactly what the cause of your accident was following the crash, when you work with a skilled motorcycle accident lawyer, these attorneys can investigate your collision for you and figure out what happened and who was at fault for your injuries. They can then hold all those responsible for the accident accountable for the harm and losses you endured.
A Lawyer Can Help You Prove Fault Following the Motorcycle Accident
Before you can collect compensation for your injuries following a motorcycle accident, you need to be able to show that the wrongful party was responsible for this accident and your injuries. Generally, to prove this fault, you need to be able to show that the wrongful party’s actions were intentional, reckless, or negligent, and they caused you harm.
However, following a motorcycle accident, gathering this type of evidence is likely the last thing on your mind. Fortunately, with a skilled and knowledgeable motorcycle accident lawyer, you will not have to do this alone. Once retained, these attorneys can conduct a thorough investigation into your motorcycle crash and secure the evidence needed to prove fault against all the parties responsible for your injuries.
This evidence may include:
- Photos and Videos of the Accident: These lawyers will try to collect as many pictures and videos of the accident scene as they can. If possible, you should also try to take photos of the incident, including the damage to your bike, the crash scene, skid marks on the road, the other vehicles involved in the accident, and your visible injuries before leaving the area. Your attorney can use this documentation to help establish what happened and who was responsible for your accident.
- Eyewitness Testimony: Witness statements can not only provide valuable details regarding the accident, but they can also corroborate your legal claim. However, if the people at the scene are unwilling to share their information with you, do not force them. Instead, your attorney can work on obtaining this testimony and information on your behalf.
- Police Reports: If the police responded to the accident, they will prepare an official police report after their preliminary investigation at the scene. If you decide to pursue an injury claim following this crash, this report can provide you with necessary details that can fuel your lawyer’s own investigation.
- Medical Reports: After a motorcycle crash, it is common for insurance companies to argue that your injuries are not that serious or a result of a subsequent event. Fortunately, when you get your injuries checked out by a medical professional shortly after your collision, they can create a medical report detailing your injuries and how you received these injuries. Ultimately, providing your lawyer with evidence of a direct connection between the harm you sustained and the motorcycle accident.
A Lawyer Can Fight for the Damages You Deserve
If you have been harmed in a motorcycle accident because of another person’s wrongful actions, you may be entitled to certain types of compensation. Typically, this compensation includes:
Economic Damages: These damages refer to the actual and verifiable losses that result from an accident, such as:
- Medical expenses including the past, present, and future medical bills such as doctor visits, emergency room stay, hospital stay, prescription medications, assistive medical devices, and surgeries
- Lost wages due to the inability to work because of the injuries
- Lost earning capacity
- Personal property damages
- At-home nursing care
- Rehabilitative therapy such as occupational and physical therapy
- Replacement services such as child care or cleaning services
- Other out-of-pocket expenses
Non-economic Damages: These damages refer to the subjective losses that result from the accident that are not easy to quantify.
- Pain and suffering
- Emotional anguish
- Loss of companionship
- Loss of consortium
- Loss of enjoyment of life
- Loss of reputation
Punitive Damages: In addition, in some instances, the injured party can also receive punitive damages. However, unlike the other compensatory damages (economic and non-economic damages), which compensate the victim for their losses following the accident, punitive damages punish the defendant for egregious actions and deter others from committing this act. Yet, in general, the court only awards these damages if the victim’s lawyer can show intentional or grossly negligent actions.
Even though it is not guaranteed that you can receive all of these damages following your motorcycle accident, working with an experienced motorcycle accident attorney can help you go after this full spectrum of damages and fight for the amount you need to maximize your recovery.
A Lawyer Can File Your Legal Motions Before Time Expires
To bring a winning injury claim following a motorcycle accident, you need to make sure you file your lawsuit within the allotted time required by the state. This prescribed period is referred to as the statute of limitations, which is a law that sets the maximum amount of time you have to file a lawsuit following an alleged offense. If you do not file your case within this specified deadline, you cannot collect compensation for your injuries and losses.
In addition, many statutes of limitations have exceptions that can shorten or extend the allotted filing period. For these reasons, following a motorcycle accident, you should reach out to a skilled motorcycle accident lawyer as soon as possible.
These attorneys can promptly go over your claim and determine how much time you have to file your case. These lawyers can also ensure that your legal motions and documents are prepared correctly and filed before you run out of time.
A Lawyer Can Handle All the Discussions With the Insurance Company
Although many people believe that the insurance company will want to help them following their accident, this is not usually the case. It is important to remember that the insurance company is a business, and like other businesses, they want to make money.
By limiting the amount of money they pay out for your injuries or denying your claim altogether, the greater the profit they will make. That is why insurance adjusters will try any tactic they can to get you to admit fault for the accident.
Thankfully, when you work with an experienced motorcycle accident lawyer, you will not have to take on these conversations alone. Not only can your lawyer make sure to prep you regarding these discussions and what you should and should not discuss with the adjuster. But they can also take over these talks on your behalf, ensuring that you do not say anything that can impact your case.
A Lawyer Can Make Sure You Receive a Fair Settlement Offer
Following a motorcycle crash, the insurance company may offer you a settlement. Even though this may seem like a win-win solution, and your first reaction is to accept this money as soon as possible, it may not always be in your best interest.
Many times, when the insurer offers you money shortly after your crash, they are only providing you with a minuscule amount that will barely cover any of your expenses. However, they hope that by offering it so quickly, you will not think twice before accepting it or try to reach out to an attorney to discuss if this amount is fair to you.
Unfortunately, if you take this settlement, you will not be able to go back for more money down the road, even if your additional costs stem from the original accident and injuries.
That is why before accepting any offer from the insurance company, you should reach out to a skilled motorcycle accident attorney. These lawyers can go over this settlement offer and determine if it is fair to you, ensuring that it can cover your current and future bills and your ongoing medical needs. If this amount falls short, they can head back to the negotiation table and fight for an amount that does.
A Lawyer Can Get You Through Every Step of the Legal Process
To have a successful injury claim following your motorcycle collision, you need to provide relevant and detailed evidence and sound legal arguments proving your claim. However, gathering this evidence and preparing these arguments is not only complicated and stressful but likely the last thing on your mind as you are healing from your severe injuries.
With a skilled motorcycle lawyer on your side, you do not have to endure this challenging ordeal on your own. Instead, they can take care of this hard work for you.
These lawyers can:
Determine if you have a viable legal claim and what legal options you should pursue.
- Answer any questions and concerns you have regarding the motorcycle crash and the legal process involved.
- Calculate the total value of your damages.
- Tackle all the discussions and negotiations with the other side, including the insurance company.
- Ensure your claim is filed before the statute of limitations expires.
- Head to trial if the other side is unwilling to negotiate and fight relentlessly for the maximum compensation you deserve.
- Provide you the legal advice you need during this stressful time and become your number one resource about everything you need to know about your case.
If you or a loved one were harmed in a motorcycle accident, do not wait any longer to seek the legal help you need. An experienced motorcycle accident attorney can fight for you and your rights, and go after the compensation you deserve under the law.