Can Motorcycles Be Safe?

Motorcycles can undoubtedly be safe. In fact, most skilled, experienced motorcycle riders will likely live their entire lives without being in an accident—if only they were the only ones on the road. The majority of motorcycle accidents happen because drivers of cars, SUVs, and trucks do not see motorcycle riders.

While a motorcycle rider might lose control of their bike occasionally, the greatest danger to riders is other motorists. Motorcycle defects, dangerous road conditions, and certain other hazards can also contribute to motorcycle collisions.

If you or a loved one have suffered injuries in a motorcycle accident due to someone else’s negligence, reach out to an experienced motorcycle accident attorney today for legal assistance in pursuing compensation.

Get A Free Consultation

The Greatest Danger to Motorcycle Riders Comes from Others’ Negligence

Negligence refers to a failure to act in a reasonable manner. Some examples of negligence that can endanger a motorcycle rider include:

Impaired Motorists

Motorcyclists can be difficult to see even when a motorist is alert and sober. Drunk drivers, therefore, pose a direct and life-threatening risk to motorcyclists, as do motorists who are:

• Impaired by illicit drugs
• Impaired by prescribed drugs
• Tired to the degree that they cannot remain alert
• Emotionally upset
• Unable to drive safely and alertly for any other reason

Motorists who are impaired are often less attentive. They may also struggle to see objects around them, including riders. Furthermore, impaired motorists are more likely to make erratic and risky decisions.

Careless or Reckless Motorists

Driving a motor vehicle is a great responsibility, yet many motorists drive carelessly. Some of the most common driver behaviors that lead to motorcycle accidents, injuries, and death include:

• Speeding
• Tailgating
• Entering traffic without the right of way (when a motorcyclist is incoming)
• Changing lanes when it is not safe
• Passing in an unsafe manner

Because motorcyclists lack the protection that those in motor vehicles have, these kinds of dangerous driving acts put them at an outsize risk of serious injury and death.

Defects in Motorcycles or Motor Vehicles

Some motorcycle accidents result from defective vehicles. The defect can lie in a motorcycle or motor vehicle. Failed brakes, blown tires, and other results of defects are likely grounds for you to file a lawsuit or insurance claim.

Dangerous Road Conditions

Motorcycle riders are extremely vulnerable to dangers presented by others, including hazards in or near the roadway. Some of the road-related hazards that can lead to a motorcycle accident include:

• Potholes in the road
• Cracks in the road or uneven pavement
• Malfunctioning traffic signals
• Absent traffic signs
• Work zones that increase the risk of an accident

Such hazards can be grounds to sue a municipality. If you need to sue a public institution, you may face a short filing window, so don’t wait before contacting an attorney.

Many motorcycle accident victims do not know why their accident happened. A lawyer will gather all relevant facts and information, determine the cause of your (or a loved one’s) accident, and plead your case for a fair financial recovery.

What to Do If You Are Involved in a Motorcycle Accident

While it is always difficult to give general advice to those affected by motorcycle accidents, some guidance applies to all. Those injured in motorcycle accidents should:

• First, look out for your health: Any traffic accident is a reason to visit a doctor for a complete medical exam. A medical provider will diagnose injuries, provide treatment, and document that the accident caused the injuries.
• Second, find a lawyer to fight for the compensation you deserve: You are likely entitled to compensation for accident-related damages. Hiring an attorney may be the first step towards obtaining the compensation you deserve.

Your attorney will immediately:

• Gather all evidence that will be helpful to your insurance claim or lawsuit
• Deal with insurance companies (and protect you from bad-faith tactics in the process)
• Enable you to focus on healing while they lead your case
• Become available to answer your questions and provide guidance

Injured riders often need long hours of rest, frequent medical assistance, and protection from stress. Letting a motorcycle accident lawyer take on your case will ensure your health and mental well-being get the attention they require.

What to Do If You Lost a Loved One to a Fatal Motorcycle Accident

Without the protection that a motor vehicle affords, riders face a heightened likelihood of dying in traffic accidents. If you have lost a loved one, an attorney will work to attain a just outcome for you and your family.

While money can never replace what you have lost, you have suffered a severe, tangible loss that demands legal action. A motorcycle accident lawyer leading a wrongful death case may seek a settlement or verdict covering:

• Funeral and burial expenses
• The loss of your loved one’s companionship
• Loss of the decedent’s financial support, including income and household services
• Your pain and suffering
• Any grief counseling and other treatment you seek to cope with your loss

Attorneys do their best to put themselves into their clients’ shoes. This is especially important when someone has lost a loved one, as your lawyer will need to know about the person you have lost. Lean on an attorney in your time of need, whether you’ve suffered an injury or are working through a loss.

Hiring a Motorcycle Accident Lawyer Comes with No Direct Financial Risk

Injured riders and their families should not have to worry about anything beyond the unavoidable challenges—recovery, psychological trauma from the accident, professional disruption, and the like. Motorcycle accident attorneys work to ease their clients’ post-accident challenges by:

• Not asking their clients to pay any upfront or out-of-pocket fees or costs to the firm
• Paying the cost of completing their clients’ cases
• Agreeing that they will only receive a fee (their form of payment) if they negotiate a settlement or win a judgment for the client

Paying your lawyer on this contingency basis should make the decision to work with an attorney far easier. You will know that you will only pay for effective representation and will not have to pay for legal services out of your own pocket.

How Your Lawyer Fights for the Compensation Injured Riders Deserve

The services a lawyer provides are different for each client. A tailor-made approach to meet the client’s specific needs is one hallmark of a capable lawyer, and it is important to securing fair settlements and verdicts.

There are, however, many services that lawyers must perform for every motorcycle accident victim, including:

Creating a Personalized Case Plan

Motorcycle accident lawyers often pursue compensation by:

• Filing insurance claims
• Filing lawsuits

Your attorney will consider the insurance policies available to you, the financial value of your damages, and many other factors when forming your case plan. They will develop a personalized strategy and explain that strategy to you.

Protecting the Client from Insurance Companies

Insurance companies often pay the cost of motorcycle accidents. Not every insurance company handles motorcycle accident claims in good faith. Your lawyer will stand between you and any bad-faith tactics that can threaten your claim, such as:

• Delays in the claims process
• Denial of your claim or certain features of your claim
• Disputes about the financial value of your losses
• Lowball settlement offers which, can be enticing to those who don’t have a lawyer advising them not to accept

The insurance claims process can lead to a fair settlement. You should not be surprised, though, if insurance companies try to avoid paying you a full and fair settlement. By hiring a lawyer, you can ensure your claim does not suffer because of bad-faith insurance tactics.

Proving Who Caused the Motorcycle Accident

The person who is at fault for your motorcycle accident may be the person who pays for your losses. It is critical to establish fault when leading an insurance claim or lawsuit, and attorneys often prove fault with:

• Expert testimony, as an expert can consider all relevant information and evidence to determine who is at fault for the collision
• Eyewitness testimony
• All available video footage of the accident
• Photographs of damage to your bike and other vehicles

Every accident produces different types of evidence. Your legal team will urgently seek evidence to use in your case. Because some types of evidence can be lost, erased, or degraded over time, it’s important that you hire your lawyer as soon as possible.

Documenting and Valuing the Client’s Damages

From physical pain to medical expenses and lost income, every loss from a motorcycle accident has a cost. Your lawyer will determine the cost of each of your losses and obtain documentation of each, which may include:

• Doctors’ testimony about your injuries and symptoms
• Mental health experts’ testimony about your pain and suffering
• Bills for all accident-related medical and mental health treatment
• Invoices related to the repair of your bike (or replacement of a totaled motorcycle)
• Income statements showing the income you have lost and will lose because of accident-related injuries

Insurance companies and other liable parties may contest the cost or details of your damages. Therefore, convincing documentation of those damages will be key to securing a fair financial recovery.

Negotiating a Settlement (Which Must Cover Current and Future Damages)

Your lawyer will quickly and comprehensively prepare your case. They will obtain evidence of fault and documentation of your damages and then:

• Engage insurance providers or other liable parties in settlement negotiations
• Present their demands for a fair financial recovery
• Present evidence of fault and documentation of your damages, as necessary
• Address any counterarguments liable parties make against your claim

Client-focused lawyers provide immediate updates to their clients as settlement negotiations unfold. Your motorcycle accident attorney will help you understand all offers, and importantly, to determine if an offer is fair or not.

Drafting and Filing a Lawsuit, When Necessary

Most civil cases result in settlement agreements. Your attorney may persuade insurance companies or other liable parties to extend a fair offer. However, there is a chance that liable parties choose not to pay you fairly.

If your attorney exhausts all negotiation opportunities without receiving a fair settlement offer, you and your lawyer may decide to sue. Your motorcycle accident attorney will draft and file your lawsuit (should you decide to file one) before the statute of limitations expires.

Leading the Client Through Trial, If Necessary

If you choose to sue those responsible for your motorcycle accident, there are two potential outcomes:

• Your lawyer will negotiate a settlement after filing the lawsuit
• Your lawyer will proceed to court (with your approval) and work to convince a jury or judge to pay you fairly

In either case, your lawyer will continue to handle all case-related responsibilities so you can focus on your well-being.

What Kinds of Damages Do Riders Suffer?

The often serious nature of motorcycle accidents means that you can face life-changing losses. These losses may be economic (meaning they have a clear financial cost) or non-economic in nature, and may include:

• Medical expenses
• Rehabilitation-related expenses
• Transportation costs to and from medical appointments
• Pain and suffering
• Lost income, diminished earning capacity, and other professional damages
• Motorcycle repair costs
• The cost of replacing a totaled motorcycle

Every accident victim emerges from the collision with different injuries, traumas, and degrees of property damage. Some, tragically, do not emerge at all.

Your attorney will speak with you about how the accident has harmed you, and they will also conduct their own investigation to identify your recoverable damages.

Common Questions You Might Have After a Motorcycle Accident

Motorcycle accidents are unfamiliar circumstances for most, and some common questions motorcycle accident attorneys hear from clients are:

• How much compensation am I entitled to?

Your attorney will answer this question once they have gathered all relevant information about your accident-related damages.

• How long will it take to resolve my case?

The timeline for each case can vary. Your attorney will update you throughout your claim or lawsuit so you understand how quickly your case is progressing.

• What should I do after hiring my motorcycle accident lawyer?

Once you hire a motorcycle accident lawyer, merely follow their advice. Focus on health and let your personal injury attorney worry about your claim or lawsuit.

Hire Your Motorcycle Accident Lawyer as Soon as Possible

Seeking compensation after a motorcycle accident demands urgency. Do not wait to speak with lawyers with the skills to lead your case. Consultations are free, so speak with prospective law firms, hire the firm you are most comfortable with, and allow that firm to secure evidence and fight for your financial recovery.