Home Accident Motorcycle Accident Attorney (When Do You Need One And Why)

Motorcycle Accident Attorney (When Do You Need One And Why)

Looking for a Motorcycle Accident Attorney?

When and why do you need the best Motorcycle Accident Lawyers?

What are the essential elements you should know!

Keep reading as we have gathered exactly the information that you need!

Let’s learn about the personal injury lawyers specializing in motorcycle accidents!

Are you ready?

Let’s get started!

Motorcycle Accidents

There are many out there who own a motorcycle.

Riding a bike can be highly satisfying but it does come with a greater risk of personal injury in an accident.

A motorcycle crash can happen at any time.

Every year, thousands of individuals lose their lives in motorcycle accidents.

Motorcycle accidents are a leading cause of traffic crash deaths in the United States although they represent a small portion of all vehicles on the road.

Even non-fatal motorcycle accidents can leave permanent and life-changing results on the biker.

In the news, we hear about youngsters and bike enthusiasts involved in serious or deadly accidents.

Rider fatality is devastating for the families of the victim.

In some cases, the accident may result from the rider’s fault due to excessive speeding or failure to respect the traffic signs.

Unfortunately, other accidents reported in the news were the fault of another driver or motorist who was distracted, did not properly pay attention to their surrounding environment before changing lanes, or failed to respect the traffic code.

Getting compensation for damages following a motorcycle accident is not easy and can actually get quite complicated.

How do you deal with the insurance companies?

What are the laws applicable to the accident?

Who is considered at fault?

If you or a loved one has gotten into an accident, you should reach out to experienced motorcycle crash attorneys to evaluate your case.

Cause of Motorcycle Accidents

Why do motorcycle crashes happen?

What is the most common cause of a motorcycle crash?

The most common cause of a motorcycle crash are:

  • Due to faulty road conditions
  • The other party was operating a motor vehicle under the effects of alcohol or drugs 
  • Distracted motorist 
  • Mechanical malfunctions 
  • Another driver’s reckless driving 
  • A driver swerving in front of the cyclist
  • A driver cutting off the motorcyclist 
  • Failing to leave enough room between vehicles
  • Failure to yield when required 
  • Inappropriate left turns 
  • Another driver texting while driving 
  • Door accidents 
  • Failure to check blind spots 

Among the reasons outlined above, the failure to yield and a driver’s inability to recognize the presence of a motorcycle in traffic represents some of the most common causes of accidents involving motorcycles. 

Drivers in a vehicle may expect a motorcycle around them and focus their attention on nearby cars and trucks only.

Another common cause of accidents between a car and motorcycle is the lack of proper care when turning left at intersections.

A driver may not adequately judge the speed of a motorcycle before engaging in a left turn or may not see the biker at all.

According to the National Highway Traffic Safety Administration (NHTSA), not all motorcycle accidents involve another driver on the road. 

Some accidents do not involve other vehicles or drivers, such as:

  • Distracted motorcyclist 
  • Driving in bad weather 
  • Excessive speeding 
  • Failing to respect traffic signs 
  • Inexperience 
  • Lane splitting (or white-lining)
  • Not paying attention to other drivers
  • Overcompensating the front brakes
  • Riding a motorcycle without a helmet
  • Riding a motorcycle without a valid license

Common Types of Motorcycle Accident Injuries

What are the most common types of motorcycle accident injuries?

If you suffered injuries, a lawyer for motorcycle accident might be able to evaluate the types of injuries suffered and your damages to see what you can legally claim.

Bikers are not afforded much protection by their bikes and are exposed to the other party’s vehicle elements.

As a result, any motorcycle accident has the potential of being extremely serious.

Here are some of the injuries a biker may suffer:

  • Bone fractures
  • Brain damage
  • Bruns
  • Concussion 
  • Death 
  • Disfigurement
  • Dislocations 
  • Eye injuries 
  • Head trauma
  • Internal hemorrhaging 
  • Internal organ injuries 
  • Leg fractures
  • Loss of limbs
  • Neck injuries
  • Paralysis 
  • Road rash
  • Skull fractures 
  • Spinal cord injuries

The injuries suffered by the victims of motorcycle accidents can be life-threatening and severe.

Since the motorcycle does not protect the biker’s body from the elements of the other vehicle or the road, the risks of severe injuries, paralysis, disfigurement, or death are much higher and in car accidents.

What To Do After A Motorcycle Crash

When you get into a motorcycle accident, the first thing you should do is to ensure that you get the proper medical treatment and attention.

Some may walk away with minor scratches and bruises but others will suffer more severe injuries.

The biker or the biker’s family needs to take pictures of the scene of the accident to gather as much evidence as to what the scene looked like

Were there any witnesses who saw the accident?

Did the other driver respect the road signs?

When you get into a motorcycle accident, nearly all motorcycle injury lawyers will tell you to report the accident to the police no matter how minor.

By reporting the accident, the police and law enforcement officers will document the accident scene, take witness accounts, and investigate the matter.

A police report can be a crucial piece of evidence eventually in court when pursuing a personal injury lawsuit or filing for a personal injury compensation claim.

Here is a summary of what you should do after a motorcycle crash, step-by-step:

  • Call 911 and ask for medical care 
  • Assess your injuries and consider seeking further medical care at the hospital 
  • Collect the other driver’s personal information
  • Collect the other driver’s insurance information 
  • Report the accident to the police
  • Take pictures of your surrounding environment 
  • Get the names of any witnesses who saw the accident
  • Contact motorcycle lawyers or a motorcycle crash law firm 
  • Notify your insurance carrier of the accident 

Why Contact Motorcycle Accident Attorneys

A Motorcycle Accident Attorney is a legal professional specialized in seeking compensation and recovering damages for bikers involved in a collision, crash, or accident.

Injured bikers may have a hard time trying to get compensated for damages they suffered following a crash.

For this reason, many will hire motorcycle accident attorneys to support them in that process.

In some states, the law requires that individuals who operate a motor vehicle with four or more wheels carry a Personal Injury Insurance (PIP) which excludes motorcycles.

With that said, in the event of an injury, if the injured biker does not have PIP coverage, it may be that much more challenging to get any form of compensation.

A motorcycle accident law firm or attorney will assess your legal options to identify the best path for you to recover damages.

Your lawyer will assist you in preparing your damage claim by:

  • Gathering police reports 
  • Gathering medical reports
  • Speaking to witnesses 
  • Gathering security camera footages (if any)
  • Assessing the photographs and pictures taken of the scene of the accident
  • Investigating the at-fault party’s driving history
  • Factually identify the actual cause of the accident
  • Reviewing medical records 
  • Consulting various types of experts
  • Dealing with your insurance company 

There are many benefits in dealing with an expert familiar with motorcycle laws and those pertaining to personal injuries suffered due to a motorcycle accident.

Motorcycle Accident Injury Claims

Depending on the nature of the accident, a motorcyclist who was involved in a crash may recover damages.

By consulting with a motorcycle crash attorney, a rider who was not at fault or responsible for the crash may recover compensation.

When To File A Claim

Motorcycle accident personal injuries can significantly affect a person’s life.

The person may suffer financial, physical and psychological damage following the accident.

It’s rare to see someone who was financially ready and able to absorb the financial cost associated with a motorcycle accident.

For that reason, a motorcycle accident claim may be the best course of action for an injured motorcyclist to secure compensation for the losses suffered.

A claim may be filed by the victim of the accident or their loved ones (acting on the victim’s behalf in case of wrongful death claims).

Every state has laws dictating how long you have to file your personal injury claim (called the statute of limitations).

To ensure you do not lose any legal right of action, you should consult with a motorcycle personal injury lawyer shortly after your accident to ensure you know the legal timelines.

Insurance Claims

If the rider has a PIP, then the necessary procedures can be followed to recover damages from the insurance provider.

If the laws of the state require that the motorcyclist have PIP insurance to seek compensation, there may be instances where additional damages may be claimed in court depending on the amount of damages suffered.

However, if the biker does not have PIP insurance, then compensation may be legally sought for losses suffered (actual losses along with damages for pain and suffering).

Negligence Claims

Depending on the laws governing the accident, a biker may have the option to seek damages by suing the at-fault party in court.

A motorcycle crash lawyer can advise you whether this is an option or not.

For example, some states may require that the injured party claim damages from their PIP insurance and only seek compensation for damages exceeding a certain threshold.

If the legal avenue is an option, seeking compensation for a bike accident falls under the category of personal injury lawsuits.

To win a personal injury lawsuit, the plaintiff will typically invoke the legal theory of negligence and must prove the defendant was negligent.

Your motorcycle accident lawyer will build your legal case and evidence to demonstrate that the other party had a duty of care, failed at the exercise of a reasonable standard of care, caused you damages, and the injuries are directly caused (or proximately caused) by the fault.

Product Liability Claims

There are situations where motorcycle crashes are caused by defective parts in either the motorcycle or the other driver’s car.

When a product defect leads to an accident, we fall under the umbrella of product liability claims.

In that case, the parties injured may file a lawsuit against the manufacturer to recover damages and get compensated for losses.

Product liability claims require a lot of attention to detail from your motorcycle accident lawyer.

It’s important to be able to prove that there was a defect right before the accident.

Typically, this type of evidence will require various kinds of experts (like forensic experts) to assess the scene, the wreck, the vehicle parts, and formulate an opinion if a part was defective or not.

The best motorcycle accident lawyer will quickly establish in court that the motorcycle part was unreasonably dangerous, the biker operated the motorcycle as it was designed, and the motorcycle’s performance has not changed since it was purchased.

Wrongful Death Claims

Another type of claim that may be pursued by those who lost a loved one in a motorcycle accident is a wrongful death claim.

A wrongful death claim is a lawsuit filed by the deceased motorcyclist’s family.

Like a personal injury claim, the family will need to prove that the other driver was negligent in causing the victim’s death.

What Compensation Can You Get

What type of compensation can you get for damages suffered following a bike accident?

There might be many options available to you if you or a loved one was involved in a motorcycle crash.

You must contact a motorcycle injury attorney to have a professional provide you guidance on the specific types of compensation available to you.

In general, here are the different types of damages for which you may recover compensation:

  • Medical expenses incurred
  • Future medical expenses
  • Property damage
  • Lost wages
  • Pain and suffering
  • Mental anguish
  • Loss of consortium 

Medical Expenses 

Victims of an accident can obtain compensation for medical expenses they have already incurred and those foreseeable in the future such as emergency visits, surgery, hospital care, physiotherapy, drugs, medical device, or other.

Property Damage

Property damage includes the cost for the repair or replacement of your motorcycle.

Any costs and expenses a biker incurs to replace the bike or repair will be captured under property damage.

Lost Wages

In addition to that, if a motorcycle accident victim could not work and lost wages for a certain period of time, the loss of wages can undoubtedly be claimed.

Medical expenses, lost wages, and property damages are economic damages that are easily quantifiable.

It’s important to keep in mind that motorcycle accident victims can also seek compensation for noneconomic damages such as pain and suffering, mental anguish, and loss of consortium.

Pain And Suffering

Pain and suffering is a type of noneconomic damages that may be recovered in a personal injury lawsuit.

Typically, this type of damage may not be covered by PIP insurance.

As a result, the only way this can be claimed and awarded is if the court or jury awards it to the plaintiff in court.

Mental Anguish

Mental anguish is a type of noneconomic damage claimed for emotional pain and suffering caused by the accident.

Mental anguish can include fear, embarrassment, worry, grief, or other types of mental suffering.

Loss of Consortium

A deceased victim’s family may claim the loss of consortium.

For instance, the spouse essentially claims that his or her spouse’s death has resulted in a loss of service, assistance, aid, society, and companionship for the future.

In wrongful death cases, the loss of consortium could be claimed by the surviving spouse or perhaps the parents or the victim’s children.

How To Choose A Motorcycle Crash Lawyers

How do you choose the best motorcycle accident attorneys?

Here are some tips on how to find the best attorney for your case.

Experience

Not all attorneys are made equal.

The best motorcycle injury attorneys have direct experience in dealing with motorcycle accidents in the jurisdiction where the accident took place.

Motorcycle attorneys need to understand the applicable laws, have experience in dealing with insurance carriers, negotiating with the courts, and litigating personal injury cases.

Every motorcycle accident claim is different from another and should be treated and processed on its own merits.

If you want to put chances on your side, you are better off working with an attorney dealing with motorcycle accidents than a generalist or those handling these types of claims on the side.

Track-Record

Another factor to consider when looking for top-rated motorcycle accident injury lawyers is the attorney’s track record.

You can search online or do some research to determine if this attorney was involved in any important motorcycle accident cases.

What was the outcome?

Does the attorney have a track record of success in dealing with these types of cases?

You want to have a motorcycle lawyer who has effectively settled cases or has successfully litigated and won cases in court.

Resources

Another objective aspect to consider is the motorcycle personal injury lawyer’s resources in dealing with lawsuits and cases.

Are you dealing with a sole practitioner, a boutique law firm, a national law firm, or a mega firm?

Depending on the nature of your case, you may want to select an attorney in a law firm who has the necessary resources and capacity to deal with your case.

Takeaways 

So, what is the meaning of a Motorcycle Accident Attorney?

Let’s look at a summary of our findings.

Motorcycle Accident Attorney

  • Motorcycle accident lawyers are legal professionals specialized in motorcycle and bike accidents, understand the applicable motorcycle accident laws, and provide legal advice and support to those involved in an accident 
  • Many accidents are caused by other drivers or motorists on the road while others may relate solely to the biker
  • Generally, personal injuries suffered in the context of a bike accident are more severe and potentially life-threatening than injuries suffered in car accidents or with other vehicles
  • It’s important to consult with motorcycle injury law firms or motorcycle personal injury attorneys to ensure you understand the statute of limitations applicable to your case, know what to do next, and how to structure your claim
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Author

Editorial Staffhttps://lawyer.zone
Hello Nation! I'm a lawyer and passionate about law. I've practiced law in a boutique law firm, worked in a multi-national organization and as in-house counsel. I've been around the block! On this blog, I provide you with golden nuggets of information about lawyers, attorneys, the law and legal theories. Enjoy!

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