Are you looking for a motorcycle accident attorney that will fight to get you the most compensation possible?
It is no surprise that a motor vehicle accident could cause life-threatening injuries to you and your family. What you might not know is that motorcyclists are many times more likely to die in traffic accidents than drivers who operate cars and trucks. On top of the physical pain and suffering that comes along with a motorcycle accident, the financial consequences to you – the victim – could be overwhelming. If someone causes your motorcycle accident, then you deserve to be compensated in more ways than one. But obtaining that compensation often requires a legal battle. My Rights Law provides you with this overview on motorcycle accidents, including what you need to do to protect your right to recovery.
Contact My Rights Law – Experienced Motorcycle Accident Lawyers
When you hire a skilled injury attorney from My Rights Law, you could get up to ten times more then the original insurance offer. The motor vehicle accident lawyers at My Rights Law are dedicated to helping people injured by motorcycle accidents receive the maximum compensation possible. If you or a family member is the victim of a motorcycle accident, give us a call now for a free motorcycle accident case evaluation. Most cases are on a contingency fee basis, which means we don’t charge attorney fees unless we obtain monetary compensation for you and your family. Call us today (888) 702-8882 or leave a message on our secure form.
Motorcycles present unique challenges on roads as they can sometimes be difficult to see and are often traveling at higher rates of speed. Additionally, because motorcycles do not offer as much protection as a car, there is a greater risk of serious or fatal injury to the rider and their passenger. Here are the most common causes of motorcycle accidents:
Dangerous Lane Changes
Because some states allow for lane splitting, drivers of cars often do not see motorcyclists in their blind spots before making lane changes. Because of this, their cars may sideswipe motorcycles or force motorcyclists to make evasive maneuvers that expose riders to collisions with oncoming traffic.
Rear End Collisions
Because motorcycles weigh less than cars, the distance that they need for coming to a complete stop is shorter. Drivers of cars who are not attentive to this fact often collide into the backs of motorcycles. Unfortunately, these collisions are not mere fender benders but often lead to severe, life-threatening injuries for motorcyclists.
Vehicles that sit on two wheels must be balanced by the rider to stay right side up. Large holes in the road make this extremely difficult to do and often results in accidents as the rider either tries to avoid the hole or falls after losing balance while running over it.
A driver who parks their car on the side of a road might be unaware that motorcyclists may be traveling on that same road within close proximity to them. When a car that is parked on the side of the road opens its doors, there is a risk that the door may strike a motorcycle or cause the motorcyclist to swerve, causing an accident.
Left Turn Accidents
A shocking number of motorcycle accidents occur as a result of a car driver making a left turn and colliding with a motorcyclist who had the right of way. This type of accident is common for car-to-car accidents as well but is especially dangerous for a motorcyclist as they lack the size and protection of other motor vehicles.
Motorcycle accidents could result from bad motorcycles. As with cars, motorcycles can break down and suffer tire punctures, brake problems, issues with chains and belts, fuel problems, and other structural damage that might not seem obvious. In fact, the motorcycle could be defective altogether.
What Are Common Motorcycle Accident Injuries?
Motorcycle accidents could result in the following injuries:
spinal cord injuries
strains and sprains
Critically, the risk of a traumatic brain injury is much higher for a motorcyclist than the driver of a car. Spinal cord injuries could lead to paralysis if not for ongoing pain, weakness, and a loss of range in motion. Moreover, soft tissue injuries could lead to damaged muscles, tendons, and ligaments.
What Should You Do After A Motorcycle Accident?
Any time that you are involved in a motorcycle accident where you sustain injuries or property damage, the law requires you to report it to the police. Because motorcycle accidents often involve severe injuries, immediately contacting emergency response is crucial.
Typically, the police will respond to your call and generate a police report. It is important to understand that a police report will create a record of the accident, including your potential injuries or damages. The report usually contains important information about everyone involved, including their names, addresses, and insurance information. The report generally includes a description of the area of the accident along with diagrams and information about the conditions which led to the crash.
Still, not every report will establish who is at fault for the accident, and simply because one driver is given a ticket does not mean that you will have a case against them. It is crucial that you cooperate with the police and ensure that all of your information is accurate.
Determining Fault In A Motorcycle Accident
To obtain compensation for your motorcycle injury, you have to prove that someone else was at fault. Much like in an accident between two cars, in a motorcycle accident, you must specifically prove that the negligent, reckless, or intentional actions of someone else (e.g., another driver) resulted in your collision. If someone violated the rules of the road, and they caused your accident, then they should at least be construed by a judge or jury as negligent. As an example, a driver who is texting while driving collides with the back of your motorcycle. Most states prohibit texting while driving, making the texting driver likely at fault for the collision.
It is not just the driver who might be responsible for causing your motorcycle accident. Specifically, if the at-fault driver used a company vehicle at the time of the incident, then you might be able to hold their employer responsible. Employers are generally liable for their employees’ negligent actions. Employers could also be liable for negligently hiring and supervising their employees.
Additionally, it is the government that is generally responsible for repairing and protecting roadways, so you might be able to hold the government accountable for causing your accident to the extent that they failed to maintain the roadways, and this caused dangerous road conditions which resulted in your injury.
Barriers To Recovery
Namely, because motorcyclists are at a much greater risk of serious injury or death due to collisions, they are required under most state laws to adhere to certain standards that are designed to protect their safety and the safety of others.
If you did not comply with the laws pertaining to motorcyclists, or you violated the rules of the road (e.g., speed limits), then you might be found by a judge or jury to be partially negligent in your accident. Still, even if you are partially at fault, you may still be entitled to some form of compensation, depending on your state. However, the number of damages (compensation) that you receive might be eroded based on how much you contributed to the accident.
The Other Driver’s Insurance Might Come Into Play
If you are injured by another driver, then one way to be compensated is to turn to their insurance company for relief. Specifically, If another driver caused your injuries, then you could file a claim with their insurance company in hopes of obtaining compensation. You might be entitled to compensation up to the limits of the driver’s insurance policy. However, their insurance company may be interested in resolving your matter right away to avoid your case going to trial. Unfortunately, they might lowball your damages and even try to diminish the value of your case. They might even argue that you are partially responsible for the accident or that your injuries are pre-existing.
Even if the insurance company is willing to pay up, state minimum coverage might not be enough to fully compensate you. Moreover, many drivers have no insurance. In these situations, your options could include turning to your uninsured motorist coverage for relief (if you have this coverage) or otherwise suing the driver in their personal capacity.
Filing A Motorcycle Accident Lawsuit
Victims of motorcycle accidents commonly report significant injuries that impair them for the rest of their lives. Broken bones, lacerations, and disfigurement could be devastating to deal with. In an ideal scenario, the at-fault person’s insurance company will cover the cost of your medical bills and any other damages (e.g., financial setbacks) that you sustained because of the collision. Unfortunately, this doesn’t usually happen without a legal battle.
Specifically, because of the drastic nature of injuries that you might sustain from a motorcycle accident, the damages may often max out or even exceed the value of the at-fault driver’s insurance policy. When this happens, it may be necessary to file suit against the driver in their personal capacity to get paid for the injuries that you have suffered.
Regardless of who you sue, know that you don’t have to take your case all the way through trial to receive the compensation that you deserve. Most accident lawsuits settle, meaning that the seemingly at-fault person agrees to pay you without admitting that they are at fault. The benefit of a settlement is that you can get compensation and closure – and you avoid the risk of losing your case at trial. The downside of settling is that you will likely receive significantly less compensation than you might otherwise receive if prevailing at trial. For this reason, if you have a strong case, it might be a mistake to settle. But if your case is lukewarm at best, then a settlement could be ideal. An experienced personal injury attorney can help you determine the strength of your case and what you should do.
What Motorcycle Accident Damages Can You Sue For?
Motorcycle accidents often result in much more significant injuries than car accidents. Because of this, the potential payout that you may receive from a motorcycle accident may be larger than the typical car accident lawsuit. Similarly, injuries from a motorcycle accident tend to require extensive rehabilitation, and in some cases, may be permanent. These injuries could sideline you for life, preventing you from working or doing the things that you love to do. As the victim, you could receive the following damages:
Pain And Suffering – You may be entitled to compensation for the pain and agony that you endured from the injuries that someone caused you in a motorcycle accident. Typically, more severe injuries and losses equate to higher pain and suffering damages.
Loss Of Income – This includes past lost wages and lost future wages. Some injuries are severe enough that they will require you to miss work for a while or even indefinitely. You deserve to be compensated for this. You stand to receive substantial compensation if the injury permanently prevents you from working again.
Loss Of Consortium – Your injury might prevent you from being physically intimate or affectionate with your significant other. Alternatively, your injury might dissuade your significant other from getting intimate or affectionate with you. This is known as a loss of consortium – and you and your significant other could be compensated for this. This form of damages is available to married couples and registered domestic partners.
Disfigurement And Scarring – The loss of a limb or permanent scarring can significantly alter your self-image and esteem. The law allows you to obtain compensation from the at-fault person for this reason.
Property Damage – You could receive compensation for any of your property that is damaged or destroyed because of the motorcycle accident. This includes not only your motorcycle but also your riding gear and any other property that you lost in your accident.
Limitations On Damages
Some states limit the damages that can be recovered by uninsured riders and riders who are under the influence of drugs or alcohol (DUI) at the time of their motorcycle accidents. This limitation applies even if you are the victim of a motorcycle accident. However, you could still recover economic damages (e.g., medical bills, lost wages). Also, this limitation does not apply to passengers.
Statute of Limitations – How Long Do You Have To Sue?
In most states, you have a short period from the date of your motorcycle accident to file your lawsuit. Lawsuits that are filed after the two-year limitation period might be dismissed. However, a scenario may arise where you are not immediately aware of the injuries that you have suffered from the motorcycle accident. This is because some of your injuries may take time to develop, or they may initially be misdiagnosed. In those scenarios, you will have one year from the date that you became aware of your injuries to file a lawsuit.
Being injured in a motorcycle accident is bad enough. But taking on the seemingly at-fault driver without having an experienced personal injury lawyer on your side could make things worse for you. The personal injury lawyers at My Rights Law have extensive expertise in fighting for victims of motorcycle accidents. We will carefully investigate the facts of your case, find out who is potentially liable for your injuries, and aggressively pursue all remedies against them. If you are injured in a motorcycle accident, then call (888) 702-8882 or contact us online to consult with one of our knowledgeable personal injury attorneys today.
How Can A Motorcycle Accident Lawyer Help You?
An experienced motorcycle accident lawyer, or a personal injury lawyer who is well-versed on motorcycle accident claims, can help clients get financial compensation from anyone who is legally responsible for causing their injuries. Qualified lawyers often bring motorcycle injury cases on behalf of motorcycle riders, and they know the legal system and how to effectively negotiate with defendants and the insurance companies who insure them. Remember, insurance companies have experienced lawyers on their team to defend against cases involving motorcycle crashes and other motor vehicle accidents. For this reason, motorcycle drivers need aggressive injury lawyers who will take on these insurance companies and demand full and fair compensation.
A free consultation with legal counsel will allow you to gain clarity as to whether you have a viable motorcycle accident claim and what you should do about it. The motorcycle accident lawyers at My Rights Law are knowledgeable on complex motorcycle accident laws. The firm provides its clients with a free consultation to enable them to properly gauge their legal options. My Rights Law is a highly regarded law firm. Our firm treats clients like family. Our motorcycle accident lawyers put in a lot of work to help every one of our injured clients get fair compensation and justice from the at fault party. Our clients deserve that.
Frequently Asked Questions About Motorcycle Accident Claims
What Should I Do If Injured In A Motorcycle Accident?
If you are one of the motorcycle crash victims, then to make the most of your motorcycle accident lawsuit, you should get a free consultation with one or more motorcycle accident attorneys. A case evaluation with a knowledgeable motorcycle accident lawyer allows you to know your legal options and how to manage the legal process. My Rights Law is an accomplished personal injury law firm focused on helping motorcycle accident victims get the most possible compensation and justice from those who are to blame.
What Causes A Motorcycle Accident?
Motorcycle accidents are sometimes referred to as auto accidents, motorcycle wrecks, bike collisions, motor vehicle accidents, and motorcycle crashes. Typically, a motorcycle accident involves a driver crashing into or swiping the motorcyclist because of failing to pay attention to the road. Lots of careless drivers are on the road. A motorcycle wreck could also involve collisions with pedestrians, animals, and road hazards. Unfortunately, motorcyclist fatalities are common in the United States. Motorcycle injury victims who survive these incidents could suffer extremely serious injuries (e.g., head injuries, back injuries, spinal cord injuries, road rash). Motorcycle lawyers represent victims in lawsuits against all of those who are at fault for these injuries.
What Kind Of Damages Can Motorcycle Crash Victims Get For Suing?
By having a skilled motorcycle accident lawyer represent you in your motorcycle crash case, you could get various types of compensation (damages) to address medical expenses (e.g., hospital bills), pain and suffering, lost wages, among other things. In cases of motorcycle fatalities, millions of dollars in damages could be pursued by the victims’ families. Clients’ cases involving permanent motorcycle accident injuries could be worth significant sums of money, depending on the circumstances.
Oftentimes, the insurance company that insures the defendant in an insurance claim might offer little money initially. However, settlement offers can increase drastically as cases move towards trial. Qualified motorcycle accident lawyers should know how to aggressively negotiate with insurance companies and make use of experts who can help prove the severity of the victim’s injuries. Good motorcycle accident attorneys will demand fair treatment from insurance companies at all times.
Call My Rights Law’s Motorcycle Accident Lawyer For Help With Your Motorcycle Accident Claim
If you or one of your family members have sustained injuries because of a motorcycle crash, you should get in touch with a dedicated motorcycle accident attorney who knows a lot about motorcycle accident laws and will work tirelessly to help you obtain a meaningful recovery. A free consultation with legal counsel can enable motorcycle accident victims to know how to proceed legally.
The skilled motorcycle accident attorneys at My Rights Law are dedicated to helping motorcycle accident clients and their families get the best resolutions to their situations. In your consultation, we will carefully evaluate your circumstances and guide you on your legal options. Most individuals’ motorcycle accident cases are taken on a contingency fee basis, so attorney’s fees are not charged to you unless you obtain a recovery in your claim or lawsuit. You shouldn’t just hire any law firm if you have been involved in a motorcycle accident. To get help from My Rights Law’s accomplished motorcycle accident attorneys, call (888) 702-8882 or leave us a message on our contact form.