According to the National Safety Council (NSC), around 5,932 motorcyclists lose their lives in accidents every year, while countless more are injured. Due to their lack of protection, motorcycle accidents can leave motorcyclists fighting for their lives or enduring a lifetime of pain and suffering. Worse yet, society is quick to blame the motorcyclist for these accidents, when in truth, other motor vehicle drivers cause most motorcycle crashes. Consult a knowledgeable motorcycle accident lawyer for assistance.
In the below guide, to better explain how these accidents arise, we will discuss fault in motorcycle crashes, the more common causes of these accidents, and your legal options and financial remedies after one of these accidents.
Who Is at Fault for Most Motorcycle Accidents?
Most motorcycle crashes happen due to another motorist’s reckless, negligent, or intentional actions. In fact, according to the National Highway Traffic Safety Administration (NHTSA), most multi-vehicle motorcycle accidents are due to motorists not seeing a motorcyclist.
However, outside of other motorists, your motorcycle accident lawyer can actually hold numerous other parties accountable for your crash, including:
- Truck drivers
- Pedestrians
- Mechanic shops
- Motorcycle manufacturers
- Governmental agencies responsible for road maintenance
Consequently, if you want to know who was at fault for your motorcycle accident, consider discussing the crash with an experienced motorcycle accident lawyer. These legal professionals can figure out not only who was responsible for your accident, but they can also hold all those at fault legally liable for your damages.
The Most Common Causes of Motorcycle Crashes
While motorcycle crashes can result for several reasons, some of the more common causes behind these devastating accidents tend to include:
- Left-turn crashes
- Distracted driving
- Reckless lane changes
- Failing to yield to motorcyclists
- Speeding or other traffic violations
- Opening the door in front of a motorcyclist
- Defective parts or mechanical failure
- Driving while under the influence of drugs or alcohol
- Poorly maintained roads
- Motorists tailgating a motorcycle
- Running red lights and other types of aggressive driving behaviors
However, because so many causes can contribute to a motorcycle crash, it can be challenging to figure out what happened and who caused the crash. Fortunately, when you work with a knowledgeable motorcycle accident lawyer, you will not have to determine liability on your own. Instead, these legal professionals can investigate your crash and figure out what happened and who you can hold accountable for the injuries and losses you sustained due to the accident.
What Injuries Can Result From a Motorcycle Collision?
According to the NHTSA, motorcyclists are 24 times more likely than other motor vehicle occupants to pass away in an accident and four times more likely to be injured.
Yet, while the extent of these injuries will depend on the circumstances of the accident, in general, these crashes tend to result in:
- Head injuries
- Traumatic brain injury
- Broken bones
- Crushing injuries
- Spinal cord injuries
- Facial injuries, including eye issues, broken jaw, nose, or cheekbones
- Back injuries
- Neck injuries
- Disfigurement or significant scarring
- Burns or road rash
- Soft tissue injuries
- Limb loss
- Internal organ damage and bleeding
More importantly, even minor injuries can result in a lifetime of issues, including invasive medical treatments and astronomical medical bills. For these reasons, if you suffered harm in a motorcycle crash, consider discussing the accident with an experienced legal professional who can help you figure out the total extent of your injuries, determine what types of compensation you can pursue, and help you fight for the maximum compensation you deserve.
Proving Liability Following a Motorcycle Accident
To hold a person accountable for a motorcycle accident, you must first be able to show they were responsible for causing the accident.
To prove liability, you first need to show:
- The motorist owed you a duty of care, which refers to reasonable actions a person would have taken in similar circumstances to protect the property and safety of others.
- The motorist breached this duty of care because they took certain actions that failed to protect the motorcyclist’s safety.
- This breach resulted in a motorcyclist enduring significant property losses and injuries.
While establishing these legal elements can be a complex undertaking, you do not have to do it yourself. When you hire a motorcycle accident lawyer, these lawyers can look for evidence to establish each of these elements.
What Compensation Can You Seek Following a Motorcycle Accident?
If your motorcycle accident resulted from another person’s wrongful actions, you may recover economic and non-economic damages, such as:
- Past and current medical bills related to blood tests, diagnostic assessments, pain medications, surgeries, emergency services, physical therapy, and other types of doctor appointments
- Property damages, including the repair and replacement costs of a motorcycle
- Lost income, business opportunities, bonuses, and benefits
- Diminished earning potential
- Mental anguish
- Anxiety
- Pain and suffering
You may also recover punitive damages. However, the court only awards these damages to penalize the defendant for their deplorable actions and not to compensate the victim following an accident. As a result, to obtain these damages, the victim of a motorcycle crash needs clear and convincing evidence to show that the defendant’s oppression, fraud, or malice.
Wrongful Death Damages
If a loved one dies in a motorcycle accident, family members may recover wrongful death damages. A wrongful death occurs when a person passes away because of another person’s wrongful actions or misconduct.
However, because of this death, the decedent’s family can pursue compensation for the losses that result, including payment for:
- Financial support the deceased would have contributed to the family
- Loss of benefits or other types of gifts the family could have received from the deceased
- Funeral and burial expenses
- A reasonable value for the household services the decedent provided
- Loss of the deceased’s love, comfort, case, protection, society, and companionship
- Loss of the enjoyment of intimacy with the deceased
- Loss of the decedent’s guidance
However, to better understand these damages and what types of compensation you can pursue following your motorcycle accident, consider discussing the crash with an experienced motorcycle accident lawyer. These legal professionals can review the facts of the accident, determine which monetary damages may apply to your case, and help you fight for the recovery you deserve.
Building a Legal Claim Following a Motorcycle Accident
After a motorcycle crash, while your priority should be your health and safety, there are other steps you can take to help protect your rights, build a claim, and fight for the compensation you need.
These steps include:
Call 911 Immediately
After a motorcycle accident, you or someone around you needs to call 911 immediately. This is the fastest way to let authorities know you need emergency care and get the police to the scene.
Once officers arrive, they can investigate the crash and write down what they believe happened in the police report. An experienced motorcycle crash lawyer can use the information to help you fight for the justice you deserve.
Get to a Healthcare Professional
If you did not get examined at the accident scene by a medical professional, you still want to get looked over by a doctor as soon as possible. Certain types of serious injuries, like head trauma, can take days for symptoms to manifest. However, the longer you wait to get treatment, the more deadly these injuries can become. For these reasons, seeing a doctor as soon as possible after your motorcycle accident is vital.
Furthermore, these medical professionals can prepare a medical report after evaluating your injuries, which can include details about the harm you sustained. This report can also provide proof of a direct connection between the motorcycle accident and your injuries, which can be valuable if the other party or the insurer tries to argue that your injuries resulted from a pre-existing injury or a different event.
Be Careful of the Insurance Company
You also need to remember that the insurance company is not there to support you after a motorcycle accident. Rather, these companies, like other businesses, want to make a profit. When these companies pay out less in claims, they make more money.
The insurance company and their adjusters will do everything possible to get you to do or say something that can hurt your case and impact the amount of money you can obtain.
As a result, before you speak with these adjusters or other insurance representatives after an accident, consider first talking to a knowledgeable motorcycle accident lawyer about your legal personal injury claim. These legal professionals can help you not only better understand the games the insurance companies may try on you, but they can even handle these conversations on your behalf so you do not do something that can hurt your legal case.
Have an Experienced Motorcycle Accident Attorney to Gather Evidence Following the Crash
The last thing you should worry about after a motorcycle accident is whether you have enough evidence to show what happened and who was at fault. Thankfully, when you retain an experienced motorcycle accident attorney to handle your claim, you will not have to gather this evidence yourself.
Instead, your legal professionals can promptly get to work looking for evidence to help your case, including photos and videos of:
- The vehicles involved in the collision
- Damages to your motorcycle and the other cars involved
- The placement of your bike and the other cars on the road
- The street conditions, including potholes, road defects, or other debris that contributed to the accident
- The conditions at the time of the accident
- Traffic signs and signals near the area
These lawyers can also look for people who saw the incident and try to get their contact details. These witnesses can not only provide your attorney with valuable information about what happened and who was responsible for the collision, but they can also offer testimony that can help corroborate your case.
Contact a Skilled Motorcycle Accident Lawyer Today to Go Over Your Legal Options
If you or a loved one suffered severe injuries following a motorcycle accident because of another person’s reckless, negligent, or wrongful actions, do not deal with these challenging and expensive repercussions alone. Instead, contact a dedicated motorcycle accident lawyer today to find out how these legal professionals can help you fight for the justice and damages you deserve.
In fact, once retained, your lawyers can figure out whether you have a viable legal claim and review your options.
From there, they can also:
- Investigate the crash and find the evidence necessary to establish what happened, who was responsible, and the extent of your injuries and losses.
- Bring in certain types of experts to help validate your legal case, including medical professionals, financial specialists, and accident reconstruction specialists.
- Make sure legal motions and files are prepared and submitted on time.
- Handle negotiations with the other parties involved, including the insurance company, and fight for a fair settlement offer that covers your losses and medical expenses.
- Proceed to trial if the other side is unwilling to negotiate fairly and go after every last dollar you need.
Do not wait any longer to get the legal help you need after a motorcycle accident disrupts your life and future. Instead, contact a personal injury law firm in Redding today to schedule a free case consultation.