If you’ve been in a motorcycle accident, you may be wondering if you need to hire a motorcycle accident lawyer. The answer is most likely yes.
Motorcycle accidents often lead to serious injuries, high medical bills, lost earnings, and other challenges. A skilled motorcycle accident lawyer can help protect your rights and fight to get you the compensation you deserve. Don’t wait – contact a motorcycle accident lawyer today for a consultation.
Why are Motorcycle Accidents So Dangerous?
Motorcycle accidents tend to be much more dangerous than car accidents. Motorcycles provide far less protection than a car’s enclosed frame. Riders directly experience the force of an impact and can be easily thrown from their bikes. At high speeds, motorcycle accidents frequently result in catastrophic injuries like head trauma, spinal cord damage, and fractured bones.
Even when riders wear helmets and protective gear, they are vulnerable to collisions. Motorcycles are also less visible on the road than larger vehicles. Car and truck drivers often fail to see motorcycles, leading to dangerous situations like vehicles turning in front of or merging into riders.
What are the Common Causes of Motorcycle Accidents?
Negligent car and truck drivers cause many motorcycle accidents. Common scenarios include:
Vehicles making left turns in front of motorcycles- Cars changing lanes without checking blind spots
- Rear-end collisions at stoplights
- Vehicles pulling out in front of motorcycles from side streets or driveways
Dangerous road conditions are also a major risk for motorcyclists. Hazards like potholes, loose gravel, uneven pavement, and slick surfaces from oil or rain can easily cause a rider to lose control. Defective motorcycle parts, like faulty brakes or sticky throttles, also lead to crashes.
Why Do I Need a Motorcycle Accident Lawyer?
If you’ve suffered an injury in a motorcycle accident, you should strongly consider hiring a motorcycle accident lawyer. Here’s why:
Dealing with Insurance Companies
After an accident, you’ll need to deal with insurance companies to get compensation for your medical bills, lost earnings, bike repairs, and other losses. But insurance adjusters are not on your side. Their goal is to pay out as little as possible.
Insurance representatives may pressure you to accept a lowball settlement offer or get you to say something that hurts your claim. A seasoned motorcycle accident attorney knows how to handle insurers. They can take over all communication, present evidence of your full damages, and aggressively negotiate for a fair payout.
Proving Liability
Proving the other driver was at fault for your motorcycle accident can be an uphill battle. The insurance company may try to pin blame on you, arguing you were speeding or took a risk that led to the crash. If your case goes to trial, jurors may have biases against motorcyclists.
An experienced motorcycle accident lawyer can build a strong case and prove the other party’s negligence caused your injuries. They can gather important evidence like:
- Police accident reports
- Photos and video from the scene
- Witness statements
- Data from the vehicles’ event data recorders
- Testimony from accident reconstructionists
Your lawyer can use this evidence to show how the other driver’s reckless actions directly caused the crash and your injuries. They can build a strong case to support your claim for fair compensation with witness statements, traffic footage, and professional testimony.
Understanding Your Damages
Motorcycle accidents often lead to very serious injuries that impact all aspects of your life. You may have big medical bills, cannot work, need ongoing care, and experience significant pain and emotional trauma.
Understanding the full value of your damages is important so you don’t get shortchanged. A knowledgeable motorcycle accident attorney can assess your case and determine fair compensation.
Depending on your situation, you may be entitled to damages for:
- Current and future medical expenses
- Lost income and reduced earning capacity
- Bike repair or replacement costs
- Pain and suffering
- Emotional distress
- Disfigurement
- Loss of enjoyment of life
Handling Legal Procedures and Deadlines
Legal cases come with many procedural rules and strict deadlines. A single mistake can hurt your case. For example, if you wait too long to file a lawsuit, you can lose your right to seek compensation entirely.
When you hire a motorcycle accident lawyer, you don’t have to worry about navigating the legal system alone. Your lawyer can handle all the paperwork, court filings, and other technical details. They will ensure everything gets done properly and on time to protect your rights.
How Much Does a Motorcycle Accident Lawyer Cost?
Many people hesitate to hire a lawyer because they worry about costs. But most motorcycle accident lawyers work on a contingency fee basis. That means you pay nothing upfront. The lawyer only gets paid if they successfully recover your money through a settlement or court verdict.
Before hiring a motorcycle accident lawyer, understand their fee agreement. Most lawyers offer a free initial consultation where they can evaluate your case, answer questions, and go over how they charge.
What Should I Look for in a Motorcycle Accident Lawyer?
Not all lawyers have the same skills and experience. When your health and financial security are on the line, finding the right motorcycle accident lawyer for your case is important. Some key things to look for:
Experience with Motorcycle Accident Cases
Motorcycle accident cases have unique issues. Look for a lawyer who has handled plenty of motorcycle crash claims. They will be familiar with common accident scenarios, injuries, and defense tactics. They can also knowledgeably discuss how bias against motorcyclists can impact a case and develop strategies to combat it.
Strong Track Record of Success in Motorcycle Accident Cases
You want a motorcycle accident lawyer with a proven history of success securing favorable client results, both through settlements and court verdicts. Look for lawyers who highlight notable wins, case studies, and client testimonials on their website as a sign of their experience. During your initial consultation, don’t hesitate to ask about their track record, including the number of cases they’ve handled similar to yours and the outcomes they’ve achieved. A strong history of success demonstrates their ability to fight for your best interests.
Years of Relevant Trial Experience
While most motorcycle accident cases settle out of court, yours can go to trial if the insurance company refuses to make a fair offer. You want a lawyer with significant trial experience representing injured riders. Insurance companies, knowing lawyers, are willing and can take a case to court. They’re often more likely to make a fair settlement offer if your lawyer has a reputation as a skilled trial attorney.
What if I Can’t Afford Medical Care After a Motorcycle Accident?
Motorcycle accidents often cause severe injuries that need extensive, costly medical treatment. If you cannot work because of your injuries, paying these medical bills can feel impossible.
Fortunately, a motorcycle accident lawyer can assist in finding ways to get the care you need now. Some medical providers will provide treatment on a lien basis, meaning they wait for your eventual settlement or verdict. Your lawyer may have relationships with doctors and facilities that offer this arrangement.
Your motorcycle accident attorney can also help explore other options, like using your health insurance, Med Pay insurance on your motorcycle policy, or negotiating payment plans. The most important thing is getting a proper diagnosis and treatment for your injuries as soon as possible. Delaying care is harmful to both your health and your legal case.
How Many Years Do I Have to File a Motorcycle Accident Lawsuit?
It’s important to be aware there is a limited window of time to file a motorcycle accident lawsuit. Each state has a law called the statute of limitations that sets a deadline for bringing an injury claim.
In many states, the statute of limitations for motorcycle accident cases is two or three years from the crash date. If you don’t file a lawsuit within that timeframe, the court will almost certainly dismiss your case. That means you lose your right to hold the at-fault party accountable and recover compensation.
Some exceptions can extend the deadline in certain situations. A motorcycle accident lawyer can check specific deadlines apply to your case. To protect your rights, speaking with a lawyer as soon as possible after a motorcycle crash is best. Waiting too long can foreclose your options.
What Happens if the At-Fault Driver is Uninsured or Underinsured?
One of the most stressful situations after a motorcycle accident is finding out the at-fault driver doesn’t have any insurance or only has minimal coverage. Now, you’re facing mounting medical bills, lost earnings, and motorcycle repair costs without the security of knowing an insurance company will help pay. What can you do?
First, even if the other driver is uninsured or underinsured, you still have legal options to seek compensation. That’s why contacting an experienced motorcycle accident lawyer is so important. They can assess your situation and identify all potential avenues for recovering money.
Your lawyer will first check whether you have uninsured/underinsured motorist (UM/UIM) coverage on your motorcycle insurance policy. Unlike liability insurance, UM/UIM is not mandatory in most states. It’s an optional add-on but a very valuable one.
If you have UM/UIM, it acts as a stand-in if the at-fault driver cannot pay your damages. Your insurer steps into the shoes of the other driver’s missing or inadequate insurance. For example, say you have $100,000 in UM/UIM coverage. If the at-fault driver has no insurance, you can file a claim with your insurer for up to $100,000. If the at-fault driver has a $25,000 policy limit, but your damages are $100,000, you can collect $25,000 from their insurer and then $75,000 from your UIM.
Collecting from your insurance company may sound easy, but the process can be more difficult than expected. Remember, insurers are always looking to minimize payouts. Even your carrier may try to deny your claim or offer less than you deserve.
A motorcycle accident lawyer can be a tremendous help here. They can put together evidence of the other driver’s fault and the extent of your damages, then aggressively negotiate with your insurer for the maximum compensation under your UM/UIM coverage.
What if you don’t have UM/UIM? Your lawyer can explore other options, like filing a personal injury lawsuit directly against the at-fault driver. Even if that driver has limited assets, your lawyer will investigate to see if there are other sources of recovery, like a claim against their employer if they were working at the time of the crash.
How Long Do You Think My Motorcycle Accident Case Will Take?
The timeline for resolving a motorcycle accident case depends on many factors, like the severity of your injuries, the complexity of the accident, the amount of insurance coverage available, and whether someone is disputing fault. A clear case may settle in a few months, while a more complicated case that goes to trial can take a year or two.
Your motorcycle accident lawyer can give you a ballpark estimate of how long your specific case may take. Generally, it’s often in your best interest not to rush to settle. Once you accept a settlement offer, your case is over. You can’t go back and ask for more money if it turns out your injuries are more severe or longer-lasting than you thought.
Hire a Lawyer to Take the Next Steps After Suffering a Motorcycle Accident
If you or a loved one has suffered an injury in a motorcycle accident, taking action is the best way to protect your health and your legal rights. Contact an experienced personal injury lawyer today to discuss your situation and legal options.
Most motorcycle accident lawyers offer a free initial consultation. Take advantage of this opportunity to get advice tailored to your unique case. The sooner you have a knowledgeable motorcycle accident lawyer fighting in your corner, the better protected your rights will be. They can clarify your legal options and outline a strategy for pursuing the compensation you deserve. Reach out to a motorcycle accident lawyer near you today.