Motorcycle Accident Lawyers, Law Overview, Getting Help, and Other Things To Know
Learn about motorcycle accidents, motorbike accident attorneys, and calling to speak with a law firm for a free consultation
Just like with any other vehicles like cars, trucks, trains, boats, and SUVs, train an accident can also involve motorcycles. Such an accident will be called to be a motorcycle accident. When this happens you need personal injury attorneys also called motorcycle accident lawyers.
A motorcycle accident may involve the collision of a motorcycle with a car, a truck, another motorcycle, or any vehicle. The accident may also involve any pedestrian or any non-living object like a wall.
The good news is that having one of the best motorcycle accident attorneys representation, one can get compensated regardless of who and what involved for their injuries.
Difference between a car and motorcycle accident
A motorcycle accident is different from a car accident in many respects. The motorcycles are less stable and so, are more subject to accidents.
The motorbike accidents are far more dangerous from a car accident also because the motorcycle is more open and don’t have any protective metal body surrounding the rider like a car.
It is easy to hit motorcyclist also because they are smaller than cars and hard to see.
Motorcycle riders typically engage in risky behaviors like lane splitting at high speed, reckless speeding, and show-offs on bikes that can lead to accidents.
Motorcycle accident laws overview
The laws for dealing with motorcycle accidents vary from state to state but are generally similar to other motor vehicle accidents, though there are a few unique features which are considered only for motorcycle accidents because of motorcycle and motorcycle riding laws.
There are laws that govern motor vehicle drivers and motorcycle riders.
For example, a motorcyclist has to follow a few rules like wearing helmets, not swerving in front of cars, alcohol use and so on. Failing to not refrain from doing the mentioned above may decrease the recovery received by the victim.
For example, other vehicle drivers have the duty to check their mirror before changing lanes and not run red lights etc.
Also, the injuries and causes of a motorcycle accident may be far more complicated than other types of accident.
In fact, it sometimes becomes difficult to even decide who is to be sued for the accident.
If involved in a motorbike crash which is or not your fault consult with n auto accident lawyer to learn more about the laws of your state and your compensation options.
Liability in a motorcycle accident is different in different states but it is decided by the law of negligence. This law is used to determine whether the driver, rider, pedestrian, manufacturer, organizations, and the government is liable for an accident.
For instance, if the car driver was distracted or occupied with something else during driving and if his or her carelessness resulted in damages and injuries of a motorcycle driver, then the car driver is said to have shown negligence.
If the accident is proved to be due to the negligence of the car driver, then he or she will be liable for the losses and injuries of the motorcycle driver and will have to make a settlement for these.
However, if the motorcycle driver is also proved to have shown some negligence by not wearing a helmet, lane splitting(most states do not allow lane splitting but some allow in some form)etc, then he or she won’t be able to receive the complete recovery.
Cities and organizations can also be held liable for bad road, bad signs, and motorcycle effects etc.
According to a study carried out by the Governors Highway Safety Association, the states have witnessed a decrease of about 5.6% in motorcycle accidents in 2017 as compared to that in the year 2018.
Still, the frequency of fatalities in motorcycle accidents in about 28 times higher than accidents involving other vehicles and accounted for about 13% of the total.
Also, almost 26% of the riders who died in a motorcycle crash were found to be alcohol-impaired. 91% of the riders who died in a motorcycle accident in 2016 were male and 36% of the fatalities were older riders.
Damages and injuries you can get from motorcycle accidents
Motorcycle accidents are far more dangerous and fatal than cars or trucks. This is because bikes don’t have a metal framed body surrounding the rider which cars and trucks do.
Because of this riders are much more exposed to serious damage and injuries especially when they are not wearing their helmet( Research has shown that wearing helmet saves motorcycle riders life. You can read more about this on this government finding)
The wreckage of the bike is one of the losses associated with a motorcycle accident, however, it is nothing compared to the type of injuries
The most common injuries for a rider from a motorcycle accident are:
- Road rashes
- Bone fractures
- Facial fractures
However, even these are not regarded as severe in front of injuries like limb amputations, spinal cord injuries, paralysis, traumatic brain injuries, and death. One may even end up losing his or her body parts permanently.
If you or a loved one is involved in a motorbike accident and sustained any of the above injuries or more contact a lawyer for motorcycle accident immediately to protect your rights and seek financial compensations.
What are the contributing factors and causes of motorcycle accidents?
Motorcycles are more vulnerable to accidents than any other vehicle and can be caused due to a number of reasons.
It may be due to the negligence of a car or truck driver.
Motorcycles are much smaller than cars and so, a car or truck driver can easily miss the sight of a motorcycle. It is possible that a truck driver takes a turn without noticing a motorcycle coming from behind and hence, crashing with it.
However, the fault may also be from the biker’s side, who may be swerving in front of the vehicle, leading to the accident.
Motorcycles are less stable than four-wheeled vehicles which increases the chances for crashes.
So, it is equally possible that no other driver be responsible for a bike accident but it occurred due to broken pavements, slippery roads open road ditches or any obstacle.
Presence of defective motorcycle parts is another reason for such accidents.
What to do after a motorcycle accident?
When involved in a motorcycle accident, the first thing you should do is to move away from the traffic and call for the police and for medical aid.
Next, you should examine yourselves for injuries and also look for the damage.
Then, exchange important information like name, address, and contact with the other driver. If possible, take pictures of the scene.
Then, call your insurers. Later speak with a personal injury attorney.
Can you be compensated even when at fault?
There is a law in many states known as a comparative fault or comparative negligence.
This law allows one to still get compensated even if they cause an injury or accident.
The way it basically works in most states is that you will get your compensation reduced by the percentage that is determined that you contributed to the accident or injury.
There are two types of comparative law that most states that uses this law uses:
Modified comparative fault:
There is also another law called the contributory negligence that only a few states use.
Speak to an attorney for motorcycle accidents in your state to help you understand these laws and how they apply to your specific case as they play a big role in determining liability and the amount you will be getting.
Do you need motorcycle accident lawyers to handle your accident case?
We keep mentioning to contact motorcycle lawyers when involved in an accident for help but do you need them or can you handle the cases by yourself?
Well, as already mentioned above, motorcycle accidents are far more complicated in terms of damages, injuries, and liabilities. Sometimes, it is difficult to even decide who is to be sued for the accident and who not.
In order to secure a good settlement, you’ll have to prove the negligence of the other party and also that the accident has really resulted in the losses that you are demanding a settlement for.
Moreover, the defendant or your insurer may try to prove your negligence in order to decrease the settlement.
To deal with all these problems, you’ll need a good lawyer to guide you throughout the case and shield you from any reverse attack.
An experienced motorcycle accident attorney can protect your right and handle all aspect of negotiating, investigating, trial, with the plaintiff insurance companies.
Type of recoveries an accident attorney can help you get
Accident lawyers can also help motorbike injury victim get all of the kinds of compensation they probably can’t get on their own. The key is to hire a skilled, experienced and aggressive law firm to maximize your recoveries.
Some of the damages you can get compensated for that an attorney can facilitate with their skills and experience are:
- Medical bills and expenses
- Mental anguish, pain and suffering
- Property damages
- Both current and future loss of income and earning capability
- Loss of consortium
When you speak to an experienced auto wreck law firm, they will let you know what else you may be able to get compensated for based on the uniqueness of your case.
How much will a motorcycle accident lawyer charge in representing you?
Most of the lawyers charge a contingency fee to represent you. This is why personal injury lawyers are also known as contingency fee lawyers too.
However, if your case is weak, then you may have to agree to pay for an hourly fee to the lawyer, however, this is rare in personal injury cases.
The contingency fee depends on the settlement, which in turn, depends on the extent of your damages, injuries, and negligence.
However, most contingency fee arrangement ranges from 20 to 40 percent with the typical being a third of the settlement(33%).
Know your state motorcycle accident claims status of limitations
Like other types of personal injury cases, motorcycle accident has a limit as to when you can file for a claim. After that period passes it extremely hard to bring a lawsuit against the plaintiff.
Every state is different and has different years for when you can file for a motorcycle injury and property damages.
Also, be aware that the status of limitation may also depend on whether your accident involved a state or government entity.
make sure to speak with a well-versed accident lawyer who knows your state status of limitation so you don’t waste time filing for a case that is dead.
Speak to someone about your case and getting representation now!
If you are looking to speak with an attorney for representing you then we can connect you with motorcycle accident lawyers who might be able to help. Please call 866-806-0379.
The contact is free and no obligation to hire the law firm you talk with. Get your free consultation today!
- Personal Injury Lawyer Fees: https://www.injuryandaccidentattorneysnearme.com/personal-injury-lawyer-fees/
- What to Do After An Accident Checklist: https://www.injuryandaccidentattorneysnearme.com/steps-checklists-of-what-to-do-after-a-car-accident-not-your-fault-or-your-fault/
- Average Settlement For A Car Accident Neck & Back Injury: https://www.injuryandaccidentattorneysnearme.com/average-settlement-for-a-car-accident-back-and-neck-injury/
- Car Accident Lawsuit Process: https://www.injuryandaccidentattorneysnearme.com/car-accident-lawsuit-process/