Motorcycle accidents happen frequently, and with these collisions often come injuries and financial burdens for victims. Therefore, if you’re harmed in a motorcycle crash, you should seek legal guidance to determine whether you have a valid claim for compensation.
One of the questions many accident victims struggle with is, “Should I get a lawyer?” In most cases, the answer is “yes.” An attorney can greatly benefit your case and allow you to obtain the financial recovery you need and deserve.
Motorcycle Accidents – An Overview
In many cases, motorcycle accidents are complicated. There are many details to consider, including cause and liability, when filing a claim and pursuing monetary recovery. Your injuries also play a significant role in the outcome of your claim.
Common Causes of Motorcycle Crashes
Motorcycle accidents can happen for many reasons. Still, in a grand number of collisions, driver negligence is to blame.
Drivers are required to show motorcyclists the same respect as everyone else on the road. They owe motorcycle riders a duty of care to drive responsibly to limit risk. Still, many drivers engage in dangerous driving behaviors that often result in collisions, including, but not limited to:
- Speeding
- Tailgating
- Unsafe lane changes and turns
- Failure to yield
- Violation of road rules
- Distracted driving
- Driving under the influence
- Fatigued driving
Aside from driver negligence, motorcycle accidents are also regularly the result of hazardous road conditions, defective or malfunctioning products, and inclement weather.
Determining the cause can be convoluted in some situations. You may need to investigate to figure out what actually caused your collision, as this can provide guidance concerning liability.
Liability for Motorcycle Collisions
Liability for motorcycle accidents depends on the cause of the crash. Depending on the circumstances, at-fault parties for a motorcycle collision can include:
- Drivers
- Drivers’ employers
- Governmental entities
- Product manufacturers or distributors
- Repair and maintenance workers
In many cases, only one party is responsible for a motorcycle crash. However, it’s not uncommon for multiple parties to share fault.
Injuries Often Resulting from Motorcycle Accidents
Due to the dangerous nature of motorcycles, riders often sustain extensive, life-altering injuries. Some of the injuries most common with motorcycle accidents include:
- Broken bones
- Road rash
- Cuts and lacerations
- Internal injuries
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Crush injuries
Complications from motorcycle injuries are also common. Depending on the type of injury a victim sustains and the severity of the injury, consequences can include paralysis, brain damage, and nerve damage, among others.
Hiring a Lawyer for Your Motorcycle Accident: Is it Worth it?
Following a motorcycle collision, there are certain steps you should take to safeguard your rights and begin your pursuit of financial recovery. Among the most important things you can do post-accident, hiring an attorney should be high on the list.
Motorcycle crash cases are difficult to navigate, but a motorcycle accident attorney can be your best ally during your legal battle. When you hire a motorcycle accident lawyer, you know you’ve put your case in the best hands. Your attorney can provide qualified advice and steer you in the right direction.
It’s normal to wonder whether it’s necessary to hire an attorney after an accident. While you are free to handle your claim on your own, hiring a lawyer is always the preferred choice. An attorney can give you the best chance of obtaining the monetary recovery you need and deserve.
The Benefits of Having a Motorcycle Accident Attorney
So you know you need an accident attorney, but why? Before hiring a motorcycle accident lawyer, it’s helpful to understand all the ways one can be of great assistance to you and positively influence the outcome of your claim. The following are just some of the significant ways an attorney can benefit your case.
Navigating the Legal Process
Simply put, the legal process can be daunting and overwhelming, especially if you don’t know what you’re doing. This is part of the reason why accident victims who choose to self-represent have a much harder time handling their claims and don’t often reach the most favorable results.
When you have a motorcycle accident lawyer handling your claim, you don’t have to worry about anything, including confusing timelines and procedures. Your attorney handles everything for you and ensures your case is handled properly and timely.
Proving Cause and Liability
Cause and liability are two of the most essential parts of a motorcycle accident claim. Without successfully establishing the relationship between what and who caused your accident, it’s much tougher, if not impossible, to reach a good result.
Your lawyer can investigate your collision to determine what actually caused your motorcycle crash. This information can also help you pinpoint who was responsible for your accident and ensure you pursue financial recovery from the appropriate party.
Calculating Your Damages
The primary reason to file a claim following a motorcycle accident is to recover compensation for your injuries and losses. To help ensure you get full and fair compensation, your lawyer must thoroughly assess your case and calculate your damages.
Some of the economic and non-economic damages you may be entitled to obtain as a motorcycle accident victim include:
- Medical expenses for present and future treatment
- Therapy and rehabilitation costs
- Property damage
- Lost earnings
- Diminished or lost earning potential
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Loss of enjoyment of life
Numerous factors heavily impact how much your claim is worth. Determining the extent of your damages requires examining several details, which usually include:
- The severity of your injuries
- The total cost of your medical expenses
- How your injuries have affected you mentally and emotionally
- Whether you suffered any life-changing consequences from your injuries that require future medical care
- Whether you took time off work after your accident, and if so, the total of your lost earnings
- Whether you can return to the occupation you had prior to your collision
Additionally, in some cases, motorcycle accident victims may qualify to seek punitive damages. These damages do not compensate victims but instead serve to punish defendants for their malicious, willful, or grossly negligent actions.
A motorcycle accident lawyer employs the necessary time to ensure they assign the appropriate dollar amount to your claim. You can trust your attorney will work diligently to get you the best possible case result.
Gathering Important Evidence
Evidence plays a vital role in motorcycle accident claims. Key pieces of evidence that can help strengthen your claim include:
- Surveillance or traffic cam footage
- Videos and photos
- Witness statements
- Medical records and bills
- Police accident reports
- Expert testimony
You may begin collecting accident-related documentation, such as bills and correspondence related to your collision, which can be helpful to your claim. Your accident attorney will also request and acquire any evidence they deem useful to build a compelling case.
Negotiating for a Settlement
At some point or another, whether your situation involves an insurance claim or a personal injury lawsuit, you’ll likely need to engage in settlement negotiations. Negotiations can be quite challenging, but not for an experienced attorney.
Motorcycle accident lawyers have the skills and resources to efficiently negotiate for a fair settlement on your behalf. They can work with the opposing party to try to reach a mutually beneficial agreement and get you the financial recovery you need.
Representing You in Court
A majority of personal injury claims are settled outside the courtroom, eliminating the need to go to trial. Still, a small percentage of claims do go to trial. Your lawyer will evaluate your case and determine whether going to court is in your best interest, but ultimately, the decision is up to you.
Going to trial is a bit different than settling a case in negotiations. At trial, both sides present their cases in front of a judge (and sometimes a jury, too.) Lawyers make their arguments and offer evidence and testimony to bolster their cases. Once both sides complete their closing arguments, the judge can render their decision (or the jury deliberates and then decides).
Although the fate of your case is in the hands of a judge or jury, your motorcycle accident lawyer will continue to do what is in your best interest and work toward an advantageous outcome.
Fighting for Your Rights
Motorcyclists face unique issues following accidents. Unfortunately, a long-standing stereotype exists that motorcycle riders are dangerous and reckless. Many believe motorcyclists ride for fun while putting others at risk and caring little about the consequences of their actions. In many cases, this couldn’t be further from the truth.
This misconception frequently gets in the way of motorcyclists’ accident cases. The liability is commonly placed on the motorcycle rider, even if the collision was not their fault. It’s a battle countless motorcyclists need to deal with on their journey toward fair compensation.
A skilled motorcycle accident attorney is familiar with these stereotypes and knows how to work around them. They can protect your rights as an injured victim and paint an accurate picture that depicts the facts of your accident and resulting injuries and losses.
Giving You Peace of Mind
The days and weeks following a motorcycle accident can be particularly stressful and exhausting. Not only are you dealing with your physical injuries and recovery, but you're also mentally struggling and worrying about the future of your case. Fortunately, when you have a motorcycle accident lawyer working on your case, you can feel much more at ease.
Hiring an accident attorney isn't just beneficial for your case but also for your peace of mind. Your lawyer can handle all things case-related, giving you the time, space, and energy you need to focus on yourself and the things that matter most. They can navigate the complex legal system, negotiate with insurance companies, and gather crucial evidence to support your claim.
With their guidance and representation, you're more likely to receive fair compensation for your injuries, medical expenses, lost income, and pain and suffering. This professional support allows you to concentrate on healing and rebuilding your life after the traumatic event.
Having a Motorcycle Accident Lawyer Typically Yields More Favorable Results
All in all, having a motorcycle accident attorney handle your claim leaves room for a better outcome.
There is very little room for error when handling a collision claim. You want to ensure every detail is handled promptly and correctly to avoid potential obstacles. However, when you handle your claim alone, you leave yourself open to greater challenges and hardships.
Moreover, when you self-represent, insurance companies are more likely to employ (and get away with) their many tactics to undermine and undervalue your claim. Insurance companies are much more likely to prey on accident victims who do not have attorneys.
There are no guarantees for your accident claim. However, more often than not, motorcycle accident victims with lawyers do much better than those who choose to go without.
When is the Best Time to Consult an Attorney Following a Motorcycle Collision?
When you do decide to hire a motorcycle accident lawyer, try to make your decision as quickly as possible after your collision. There is limited time to file a claim after an accident.
Depending on your state’s laws, you may only have about one to six years to file your claim in court. Therefore, the sooner you consult a lawyer and get the process going, the faster you can begin working on your claim.
Waiting too long to hire a motorcycle accident attorney and file a claim can have a negative impact on your ability to pursue and obtain fair compensation for your losses. As soon as you can meet with a local accident attorney, schedule a consultation to discuss your case.
Don’t Think Twice About Getting a Lawyer for a Motorcycle Accident
If, after a motorcycle accident, you’re wondering whether you should get an attorney, the answer is almost always a resounding “yes.” The benefits a lawyer can bestow on your case far outweigh any doubts you should have.
When you’re injured in a motorcycle collision, consult a motorcycle accident attorney right away to get started on your claim.