Motorcycle accidents often result in devastating crashes due to the lack of physical protection riders have compared to drivers in enclosed vehicles. The impact of these collisions can lead to severe injuries, leaving victims facing worsening health and financial stress.
If you suffered an injury in a motorcycle accident caused by another's negligence, you have the right to seek compensation for your losses. However, obtaining fair compensation requires proving that another party's careless or reckless actions caused your injuries.
While the aftermath of a motorcycle accident can be overwhelming, consulting a legal professional can help. At Anderson O’Brien, LLP, our experienced motorcycle accident attorneys have the skills and knowledge to protect your rights.
We can investigate your case and build a strong claim that is likely to yield the compensation necessary to support your ability to cope or recover.
Motorcycle Accident Key Takeaways:
- Seek immediate medical attention and file a police report after a motorcycle accident to protect your health and legal rights.
- Fault in motorcycle accidents depends on factors like driver negligence, road conditions, or defective parts.
- You may recover compensation for medical bills, lost income, loss of enjoyment of life, loss of consortium, pain and suffering, and emotional distress.
- If insurers offer unfair settlements, you can sue for your motorcycle accident to pursue full and fair compensation.
- Call a motorcycle accident lawyer for legal advice after the crash.
What Should I Do After a Motorcycle Accident
Being involved in a motorcycle accident can be overwhelming and disorienting. However, taking the proper steps can enhance your health, legal rights, and potential compensation. Here's what you should do following a motorcycle crash:
Seek Immediate Medical Attention
Your health and safety should be your top priority after a motorcycle accident, regardless of how minor your injuries may seem. Even if you feel fine, seek medical attention immediately. Many serious injuries, including internal bleeding and spinal damage, may not show immediate symptoms due to adrenaline and shock masking the pain.
A healthcare professional can reveal hidden injuries and initiate the treatment plan. A prompt medical evaluation creates an official record of your injuries. A motorcycle accident attorney can use the medical records to link the injuries to the accident or support your compensation claim.
Delaying medical care can give insurance companies grounds to argue that your injuries weren't serious or weren't caused by the accident. Emergency responders can also document the scene and your condition, providing valuable testimony later.
File a Police Crash Report
Contact law enforcement immediately after the accident, even if it seems minor. A police crash report provides an official, unbiased account of the accident. The crash report also contains details about the location, time, weather conditions, and the parties involved. The officers will also document the scene, interview witnesses, and may determine who was at fault.
A motorcycle accident attorney can use the police crash report to establish liability and support your claim. It is much harder to prove your case without a police crash report.
Notify Your Insurer About the Crash
Contact your insurance company as soon as possible after the accident to report the crash. Most policies require prompt notification, and delays could jeopardize your coverage. Your uninsured/underinsured coverage can cover your losses if the negligent party has no coverage.
Provide basic facts about the accident, but avoid admitting fault or speculating about what happened. However, be cautious when speaking with insurance adjusters. They may try to minimize your claim or use your statements against you.
A motorcycle accident lawyer can handle all communications with the insurer on your behalf. They can also evaluate any settlement offer from an insurer and advise you whether to accept or push for fair compensation.
Consult a Motorcycle Accident Attorney
The aftermath of a motorcycle accident can be overwhelming as you juggle between your health and insurance companies. You should, therefore, work closely with a legal professional for legal support.
Here's how they can help:
They Can Offer Legal Advice
A motorcycle accident attorney understands the personal injury law and can evaluate your case objectively. They can explain your legal rights, assess the strength of your claim, and advise you on the best course of action.
Their knowledge helps you avoid common mistakes that could weaken your case or diminish your legal right to compensation. For example, a motorcycle accident attorney can help you initiate a timely claim within the statute of limitations.
Negotiate With Insurers
Insurance companies often try to minimize payouts by offering quick, lowball settlements. An experienced motorcycle accident lawyer knows the tactics insurers use and can negotiate effectively on your behalf.
You're more likely to accept a low settlement offer if you don't understand the value of your losses. They can establish the value of your claim by considering your current and future losses.
Represent You in Court
If negotiations fail to produce a fair settlement, a motorcycle accident lawyer can represent you in court. They'll gather evidence, interview witnesses, consult expert witnesses, and build a compelling case.
Their courtroom experience ensures your rights are protected and gives you the best chance of receiving the compensation you deserve.
Who Is at Fault in Motorcycle Accidents?
Determining fault in motorcycle accidents helps establish liability and secure compensation for damages. Unlike some assumptions that automatically blame motorcyclists, fault depends on the specific circumstances of each accident.
Here are the parties who may be liable for a motorcycle accident:
Other Drivers
Other motorists are frequently at fault in motorcycle accidents. Common scenarios that cause liability for other drivers include:
- Drivers failing to check blind spots before changing lanes
- Making left turns without yielding to oncoming motorcycles
- Following too closely
- Running red lights and stop signs.
Distracted driving behaviors like texting, eating, or adjusting the radio also contribute to many motorcycle collisions. When a driver's negligence, recklessness, or violation of traffic laws causes an accident, they can be held liable for resulting injuries and damages.
Motorcycle Manufacturers
Defective motorcycle parts or design flaws can cause accidents even when riders operate their bikes properly. Manufacturers may be liable if faulty brakes, defective tyres, steering mechanisms, or other mechanical failures contribute to a crash.
A motorcycle accident lawyer can help you initiate a product liability claim against manufacturers, distributors, or retailers who sold dangerous or defective products. These cases often require expert testimony to prove that a manufacturing defect or design flaw directly caused the accident.
Government Entities
Poorly maintained roads, missing signage, inadequate lighting, or hazardous road conditions can all contribute to motorcycle accidents. Potholes, uneven pavement, debris, loose gravel, and defective traffic signals pose serious risks to motorcyclists.
When government agencies responsible for road maintenance fail to address known hazards or provide adequate warnings, they may be held liable for the resulting losses. A motorcycle accident attorney can help initiate a claim against government entities that involve specific procedures and shorter filing deadlines.
Repair Shops and Mechanics
Negligent motorcycle maintenance or repairs can lead to catastrophic accidents. A mechanic may be liable if they fail to repair brakes properly, incorrectly install parts, or overlook safety issues during routine maintenance.
Repair shops have a duty to perform work competently and ensure motorcycles are safe to operate before returning them to owners.
Multiple Party Liability
Many motorcycle accidents involve shared fault among multiple parties. For example, a driver might make an improper turn, while road defects contribute to the motorcyclist's inability to avoid the collision.
In such cases, liability may be apportioned among the responsible parties. Some jurisdictions follow shared liability rules, where the motorcyclist's percentage of fault reduces compensation.
Compensation for a Motorcycle Accident
Motorcycle accidents often result in severe injuries and substantial financial burdens. You can initiate an insurance claim or lawsuit to recover compensation for your losses. Here are the damages you can recover after a motorcycle accident:
Medical Expenses
Medical expenses typically constitute the largest portion of economic damages in motorcycle accident cases. These damages can cover emergency room visits, hospitalization, surgery, diagnostic tests, prescription medications, physical therapy, and rehabilitation services.
Compensation also covers future medical expenses for ongoing treatment, follow-up care, and medical equipment, such as wheelchairs or prosthetics. Keeping detailed records of all medical bills and treatment plans allows you to obtain fair compensation for your losses.
Lost Income
When injuries prevent you from working, you're entitled to compensation for lost income. These damages include income lost during recovery and time spent attending medical appointments. You can also recover any reduction in earning capacity if injuries prevent you from returning to your previous job or working the same hours.
A motorcycle accident attorney can prove lost income using:
- Pay stubs
- Bank statements
- Profit and loss statements
- Tax returns
- Contract letters
- Invoices
- Letter from your employer
Out-of-Pocket Expenses
Motorcycle accidents generate numerous out-of-pocket expenses. Some of the out-of-pocket expenses you can recover in a motorcycle accident include:
- Transport to and from medical appointments
- Over-the-counter medications
- Copay contribution
- Home modifications for accessibility
- Household help during recovery
Even seemingly minor expenses can disrupt your finances, and you deserve compensation for every dollar spent as a result of the accident.
Pain and Suffering
Pain and suffering damages compensate you for the physical pain, discomfort, trauma, and inconvenience as a result of the accident. For example, you may lose mobility after the crash, making it difficult to perform daily activities such as driving, working, or caring for your family.
Emotional Anguish
Motorcycle accidents also cause psychological trauma beyond physical injuries. Emotional anguish damages compensate for mental health problems like anxiety, depression, post-traumatic stress disorder (PTSD), and sleep disturbances.
For example, many motorcycle accident victims develop a fear of riding or driving, experience nightmares, or struggle with emotional distress that affects their daily lives and relationships.
Loss of Enjoyment of Life
You can recover compensation when injuries prevent you from participating in activities you once enjoyed, such as hobbies, sports, social activities, or family events. The damages compensate you for the loss of life's pleasures and the ability to engage in meaningful activities that contributed to your quality of life.
Loss of Consortium
Loss of consortium damages compensate a spouse for the loss of companionship, affection, intimacy, and support resulting from their partner's injuries. For example, a spouse may no longer share daily activities, emotional connection, or physical closeness due to the victim's limited mobility and ongoing pain after the motorcycle accident.
Punitive Damages
Unlike other damages intended to compensate victims, punitive damages are meant to punish defendants for particularly egregious conduct and deter similar behavior. A court can award you punitive damages in cases involving gross negligence, recklessness, or intentional misconduct, such as drunk driving or extreme road rage.
Speak With Our Skilled Motorcycle Accident Lawyers Today
The aftermath of a motorcycle crash can leave you facing overwhelming financial strain from mounting medical bills, lost income, and ongoing recovery costs. Insurance companies may also attempt to minimize or deny your claim, further adding to your frustration during an already difficult time.
At Anderson O’Brien, LLP, our skilled personal injury lawyers are committed to protecting your rights. We can negotiate with insurers or fight for your right to fair compensation in court. Contact us online or at (715) 344-0890 for a free case evaluation.
Motorcycle Accidents Frequently Asked Questions
How Much Is My Motorcycle Accident Worth?
The value of your motorcycle accident claim depends on multiple factors, including injury severity, availability of evidence, legal representation, and the defendant's liability.
Minor injuries may result in thousands of dollars, while catastrophic injuries can yield settlements or verdicts worth millions. An experienced motorcycle accident attorney can evaluate your specific case and estimate its potential value.
Can I Sue for a Motorcycle Accident?
Yes, you can sue for a motorcycle accident, especially when facing low settlement offers, disputed liability, reckless driving by the at-fault party, or bad faith insurance practices. A motorcycle accident attorney can pursue fair compensation through litigation when negotiations fail.
How Can a Motorcycle Accident Lawyer Help With My Compensation Claim?
A motorcycle accident lawyer can enhance the value of your claim by gathering strong evidence, proving negligence, and calculating full damages. They can also use evidence to negotiate with insurers, ensuring you receive maximum compensation that covers your losses.