Motorcycle accidents are unfortunately all too common on our roads. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists were 29 times more likely than passenger car occupants to die in a crash per vehicle mile traveled.
When a motorcycle crash occurs, it can result in severe injuries and significant medical costs. This is due to a variety of factors, such as the lack of protection offered by motorcycles and the difficulty of being seen by other drivers.
If you have been involved in a motorcycle accident, it is important to understand the personal injury laws related to such accidents and the process of making a claim. This knowledge can help you get the compensation you deserve and ensure that you are not left with a significant financial burden.
In this blog post, we will answer 10 frequently asked questions about motorcycle claims and personal injury laws. We’ll cover topics such as how to determine liability in a motorcycle accident, what types of damages are available in a personal injury claim, and how to negotiate with insurance companies.
By the end of this post, you’ll have a better understanding of the legal aspects of motorcycle accidents and the steps you can take to protect your rights and seek compensation for your injuries.
Questions About Motorcycle Claims: What is a Motorcycle Claim?
When a person is involved in a motorcycle accident, they may suffer a variety of damages such as medical bills, loss of wages, and property damage. A motorcycle claim is a legal process that an individual pursues in order to receive compensation for damages and injuries suffered as a result of a motorcycle accident.
It is important for individuals to understand how to file a motorcycle claim because it can be a difficult process. Understanding the claims process and what documentation is required can help motorcycle accident victims ensure that they receive the compensation they are entitled to. Additionally, working with an experienced motorcycle accident attorney can help individuals navigate the claims process and negotiate a fair settlement with the insurance company.
In an accident?
What Should You Do After a Motorcycle Accident?
If you are involved in a motorcycle accident, there are several steps you should take to protect yourself and your legal rights. These steps include:
1. Move to a Safe Area.
If you are able to do so, move your motorcycle out of harm’s way and wait for emergency personnel to arrive.
2. Assess your Injuries.
Assess yourself and passengers (if any) for injuries, and ask others involved in the accident if they need medical attention.
3. Call 911.
Report the accident and provide your location, the number of vehicles involved, and any injuries.
4. Exchange Information with Other Drivers.
Collect the name of the fault driver, addresses, phone numbers, and insurance information from all drivers involved in the accident.
5. Document the Scene.
Documenting the accident is crucial in providing evidence of the cause and extent of the damages sustained in the accident. This includes taking photographs of the accident scene, any injuries sustained, and any damage to the vehicles involved. It is also important to collect the contact information of the witnesses who saw the accident occur. Documentation can provide valuable evidence to support your motorcycle claim and can help you obtain the compensation you deserve.
6. Get Medical Attention.
Even if you feel okay after a motorcycle accident, it is important to seek medical care as soon as possible. Some motorcycle accident injuries, such as whiplash, may not be immediately apparent and can worsen over time. Seeking medical attention can help identify any hidden injuries, document them for future reference, and ensure that you receive appropriate treatment. Medical records can also serve as evidence of your injuries in any legal proceedings related to the accident.
If you have been injured or suffered property damage, consider seeking the advice of motorcycle accident lawyers to protect your legal rights. An experienced personal injury lawyer can help you navigate the entire claim process and ensure obtain fair compensation for injuries and future damages.
What Types of Damages Can You Recover?
If you have been involved in a motorcycle accident and have filed a claim, there are several types of damages that you may be able to recover. These include:
- Economic damages: Economic damages are calculated based on the actual costs of medical treatment, lost wages, and property damage. These are damages that have a tangible dollar value.
- Non-economic damages: Such as pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life. Non-economic damages are more difficult to quantify and may be calculated using various methods, such as the “per diem” method, which assigns a daily dollar value to the victim’s pain and suffering.
- Punitive damages: These are damages that are awarded as a form of punishment to the at-fault party. They are typically awarded in cases where the at-fault party acted with extreme negligence or intentionally caused harm.
How Long Do You Have to File a Claim?
The time limit for filing a claim after a motorcycle accident varies depending on the state in which the accident occurred. Generally, the statute of limitations for motorcycle accident claims ranges from one to three years from the date of the accident. It is important to be aware of the specific statute of limitations in your state to ensure that you do not miss the deadline for filing a claim.
If you miss the deadline, you may lose your legal right to recover damages. Therefore, it is important to take action promptly to protect your legal options and rights and seek the advice of a motorcycle injury lawyer if you have any questions or concerns about the statute of limitations for your case.
Proving liability in a motorcycle accident case requires demonstrating that the other party was at fault for the accident. This can be done by gathering evidence such as eyewitness testimony, police reports, and physical evidence from the scene of the accident. In addition, it may be necessary to hire accident reconstruction experts or medical professionals to provide expert testimony and analysis of the accident.
To establish liability, it is important to show that the liable party breached a duty of care owed to the injured party and that this breach caused the injuries sustained in the accident. For example, if a driver failed to yield the right of way to a motorcyclist, causing an accident, the driver may be held liable for the resulting injuries.
How Can an Attorney Help You?
After a motorcycle accident, an attorney can help you in several ways, including:
- Legal advice: An attorney can provide legal advice regarding your case, including your legal rights and the options available to you.
- Gathering evidence: An attorney can help you gather and preserve evidence related to the accident, such as police reports, witness statements, and medical records.
- Evaluating damages: An attorney can help you determine the full extent of your damages, including medical expenses, lost wages, pain and suffering, and other losses.
- Negotiating with insurance companies: An attorney can negotiate with insurance companies on your behalf to obtain a fair settlement for your injuries and losses.
- Representing you in court: If necessary, an attorney can represent you in court and advocate on your behalf to obtain the compensation you deserve.
By working with a knowledgeable motorcycle accident lawyer, you can improve your chances of obtaining the maximum compensation available for your injuries and losses. An attorney can help guide you through the legal process and provide the support and guidance you need during this difficult time.
How Do Insurance Companies Handle Motorcycle Claims?
Insurance companies handle motorcycle claims similarly to other types of accident claims. When an accident occurs, the injured party or their attorney will typically file a claim with the at-fault party’s insurance company. The insurance company will then investigate the accident to determine liability and assess damages.
In the case of a motorcycle accident, insurance companies may be more hesitant to provide compensation due to the higher risk associated with motorcycle riding. However, insurance companies are required by law to act in good faith and fairly evaluate and settle claims.
During the claims process, the insurance company may request additional information or documentation related to the accident and the injuries sustained. They may also offer a settlement amount to resolve the claim.
It is important to work with an experienced personal injury attorney to evaluate any settlement offers and negotiate with the insurance company to ensure that you receive fair compensation for your injuries and losses.
Can You Still Make a Claim if You Were Partially at Fault?
Yes, you may still be able to make a claim for damages even if you were partially at fault for a motorcycle accident. This is because many states follow a comparative negligence rule, which allows each party to recover damages in proportion to their degree of fault.
Under comparative negligence, the amount of compensation you can receive will be reduced by your percentage of fault for the accident. For example, if you were found to be 25% at fault for the accident, you would be entitled to receive 75% of the damages.
It is important to note that in some states, such as in states that follow a contributory negligence rule, you may not be able to recover any damages if you were even slightly at fault for the accident. Therefore, it is important to work with an experienced personal injury attorney who can help you understand the laws in your state and navigate the complex legal process of a motorcycle accident claim.
Does Being at Fault Affect Your Compensation Amount?
Yes, being at fault can affect the amount of compensation you receive. In a legal context, fault is often determined through a process called “comparative negligence,” which considers the degree to which each party involved in an accident or incident contributed to the harm or damages suffered.
If you are found to be partially or fully at fault for an accident or incident, your compensation amount may be reduced or eliminated altogether, depending on the laws and regulations in your jurisdiction.
How can I Get the Maximum Compensation for my Motorcycle Accident Claim?
If you’ve been involved in a motorcycle accident, you may be entitled to compensation for your injuries and damages. You need to follow all the steps we already mentioned and, most importantly, have your trusted motorcycle attorney by your side.
Award-Winning Motorcyclist Attorney
At Motorcyclist Attorney, we offer competent, compassionate, and reliable service. Our team not only seeks compensation for you but also ensures that you receive the right medical treatment for a full recovery. We work on a contingency fee basis and will not charge any fees until we win your case.
To build your personal injury claim, reach out to our motorcycle accident attorney today.