The short answer to this question is yes. You should always have an attorney representing your legal interests after an accident. Lawyers are legal professionals trained to examine a case’s facts and decide the best way to resolve it. Motorcycle lawyers always keep their client’s best interests in mind, and if you trust your attorney, you can also trust you will get the best results available for your motorcycle claim.

Your attorney can ease the burden of proving each element of a motorcycle claim. Relying on your attorney allows you to focus solely on your physical recovery from your injuries. Let your lawyer take care of the legal side of things.

Continue reading to learn more about motorcycle accidents, how to prove your case, and the valuable resources that motorcycle accident attorneys provide.

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How Common Are Motorcycle Accidents?

According to the National Highway Traffic Safety Administration, the number of motorcyclist fatalities has increased while the number of motorcyclists injured in traffic accidents has decreased.

The following data represent nationwide statistics involving motorcyclist traffic accidents in one recent year:

• There were 5,579 total motorcyclist accidents across the country. This represents 14 percent of all reported traffic accidents across the country.
• The number of motorcycle accidents that occurred nationwide increased by 11 percent.
• Twenty-seven percent of the accidents reported involved an impaired motorcyclist.
• The number of motorcyclist traffic accident fatalities involved a higher rate of alcohol involvement. The breakdown is as follows:
  • Twenty-seven percent were motorcyclists.
  • Twenty-three percent were operating passenger vehicles.
  • Three percent were operating large commercial trucks.
  • Nineteen percent were driving light trucks.
• Forty-one percent of motorcyclists killed in single-vehicle crashes in 2020 were under the influence of alcohol.
• Motorcyclists killed in traffic accidents at night were three times more likely to be under the influence of alcohol.
• Fifty-seven percent of motorcyclists killed in traffic accidents were not wearing helmets in states without Universal Helmet Laws.
• Eleven percent of motorcyclists were wearing helmets and crashed in states with Universal Helmet Laws.

What Injuries Are Common In Motorcycle Accidents?

Motorcyclists are in particular danger when they hit the road. Bikers do not enjoy the covering that passenger vehicles do and, therefore, risk greater injury and the chance of death when an accident happens. Typical injuries involved in a motorcycle accident include:

Internal Injuries

These injuries are only detectable by a physical examination. It is critical that after a motorcycle accident, you see a doctor immediately. Internal injuries can have no outward expression, but that does not mean that they are not life-threatening.

Road Rash

Road rash happens when the biker’s body hits the ground, making direct contact with the street. Road rash is a type of burn that can be severe. Someone suffering from road rash may deal with skin irritation, pus, and draining wounds.

Traumatic Brain Injury

A biker who makes contact with the street and hits their head may suffer a traumatic brain injury. A traumatic brain injury (TBI) can have life-long effects, including losing the ability to speak, understand, or process information. A person who suffers from a TBI may become permanently disabled.

Broken Bones

Broken bones can debilitate a person for weeks or months. Depending on the severity of the break, the victim may need multiple surgeries for their bones to heal correctly. Treating these injuries can get very expensive.

Spinal Cord Injury

A spinal cord injury includes trauma to a victim’s back. A broken spine can cause a victim to suffer paralysis for the remainder of their life. This kind of injury can completely change their physical and mental health as they adjust to their new life.

Damages Available In A Motorcycle Accident Case

If you get hurt in a motorcycle accident, you may be entitled to receive compensation for your losses. Some accident victims are not aware of the compensation they are entitled to. The categories below represent the kinds of compensation you may receive after suffering injuries in a motorcycle accident.

Economic Damages

Economic damages are tangible losses that accident victims suffer because of someone else’s negligence. These losses may be apparent, but some accident victims may not recognize that they can recover compensation for them.

Examples of economic damages include:

• Current and future medical bills.
• Current and future lost income.
• Loss of earning capacity.
• Property damage.
• Funeral and burial expenses if the victim dies from their injuries.

Non-economic Damages

Non-economic damages are intangible losses that an accident victim may be entitled to if they suffer injuries in a crash. These losses are harder to prove and may require an experienced attorney to help you recognize you are owed compensation for your loss.

Examples of non-economic damages include:

• Pain and suffering.
• Mental and emotional trauma.
• Loss of enjoyment of life.
• Diminished quality of life.
• Disfigurement, disability, and embarrassment.
• Loss of companionship.
• Inconvenience.

Punitive Damages

Courts use punitive damages to punish a defendant for outrageous conduct and deter other people or businesses from acting similarly. Punitive damages are not often available in personal injury cases. Their availability depends on the state. States sometimes cap or limit the number of punitive damages a plaintiff can receive.

What Must I Prove To Win a Motorcycle Accident Claim?

Motorcycle accident cases, like all traffic accidents, are claims of negligence. To win a negligence claim, you must prove each element. The elements of a negligence claim are duty, breach, causation, and damages. An attorney with experience handling motorcycle accident cases can help you make a solid case that the other driver was negligent.

The elements of a negligence claim are:

Duty

We share the road daily with other drivers, cyclists, and pedestrians. We must act reasonably to avoid accidents that can cause property damage or physical injuries.

Breach

When a driver fails to act reasonably, they have breached their duty. Examples of breaching the duty of reasonable care on roads include running a red light, blowing through a stop sign, speeding, driving while intoxicated, texting and driving, fatigued driving, etc.

Causation

Every plaintiff must prove that the accident caused their injuries. Causation is the most commonly attacked element of negligence. Insurance companies and defense attorneys often attack the cause of the accident. That is why having your legal team is critical if you want to recover all the compensation you may be entitled to.

Damages

The last element of a negligence claim is damages. Cases where the plaintiff cannot prove damages are unsuccessful. A breach of the duty of care may have happened, but if that did not cause the plaintiff to lose anything, there is no case.

Each element of negligence must be proven separately to win your case. An attorney can help you put your best foot forward as you try to convince an insurance company or jury that you suffered an injury because of another driver’s negligence.

An attorney knows how to navigate this process for the best chances of success.

Having an attorney helps you:

• Avoid making detrimental mistakes that can deny you compensation
• Focus on your injuries and medical treatment without stress about the legal process
• Ensure you never accept anything less than you deserve

Whether to hire legal help should never be a question – always consult with a motorcycle accident lawyer for free about a possible case. There is too much at stake to wait.

How Can an Attorney Help Me?

There are many upsides to hiring legal counsel after a motorcycle accident. The most crucial benefit of hiring an attorney is that you can focus solely on your physical recovery. Your attorney will handle the legal side of your claim, reducing your stress.

More ways that your attorney can help you in a motorcycle accident case include:

Compiling Evidence

Your attorney will investigate the accident and compile evidence against all responsible parties. This evidence can help you prove the other party was negligent. Proving each element of negligence may be the most challenging part of getting the compensation you deserve, but proof of negligence must be clear to win your case. An experienced lawyer will help you prove your damages were the result of another driver’s failure to act reasonably.

Identifying and Calculating Your Damages

As an accident victim, the law likely entitles you to recover for each loss following a motorcycle accident. Many accident victims do not realize what damages they are entitled to, and if they are representing themselves, they never claim them. Your lawyer will review all the evidence that proves your losses. They may enlist the help of an expert witness if necessary.

Negotiate a Settlement

Your case may settle before taking it to trial. Insurance companies tend to settle cases to avoid the cost of a civil trial, but if counsel does not represent the victim, the plaintiff may find themselves being taken advantage of. Settling with the insurance company requires special skills, and without the skills of an attorney, you may be leaving a lot of money on the table. An attorney can help you collect all the compensation you deserve under the law.

Represent You in Court

If your case does not settle before trial, you will have to take your case to trial to resolve the matter. Representing yourself in court is a daunting task. There are lots of chances for mistakes, each of which can be fatal to your claim. An attorney is your shield against this. Your legal team will help by ensuring that you structure a compelling argument. Meet all deadlines and build your case in court.

Provide Legal Advice

Your attorney will answer questions as they arise. Having a case pending will undoubtedly cause many questions, and you may find yourself down an internet rabbit hole trying to answer them. Doing so will only cause confusion and frustration. Instead, you can rely on your legal team. They know the questions you are looking to answer. An attorney can arm you with the knowledge to help you avoid mistakes unrepresented accident plaintiffs make all the time.

Why Do I Need an Attorney?

Without legal representation, you leave yourself vulnerable. A motorcycle accident attorney insulates their clients from attacks from the other side. Constant contact from insurance companies and defense lawyers can get overwhelming, especially if you are unsure that you are making the right choice for your situation.

Physical recovery is just one part of getting your life back to normal. Financial recovery after a crash is the other piece of the puzzle. Attorneys focus on getting their clients full financial compensation.

If you do not have an attorney, you may find yourself falling prey to many avoidable hardships, including missing deadlines and agreeing to inadequate settlement offers, and these are just some of the pitfalls you may fall into if you represent yourself.

What if I Cannot Afford an Attorney?

But you can! You can retain a motorcycle accident attorney on a contingency fee basis. A contingency fee allows clients to defer payment for legal services until the case concludes.

In most contingency fee payment arrangements, clients and attorneys agree that the attorney will keep a percentage of the final settlement amount if the client receives a judgment against the defendant.

If you want to pursue your compensation claim, contact an attorney in your area and discuss their desire to enter into a contingency fee agreement.

Contact a Motorcycle Accident Lawyer Today

A motorcycle accident attorney is your guide to getting the money you need to recover fully financially after an accident. Representing yourself after an accident is a risk that is not worth taking.
If you or a loved one has suffered an injury in a motorcycle accident, contact a personal injury attorney in Tampa immediately.

Request A Free Consultation Today!

Boohoff Law, P.A. — Auto Accident Lawyers – Tampa Office

829 W Dr Martin Luther King Jr Blvd,
Tampa, FL 33603
Phone: (813) 725-5606

Motorcycle accidents have the potential to leave victims with extremely serious injuries. Those who survive might have catastrophic and disabling conditions for life.

Clearly, the potential for injury is higher on a bike, and many victims suffer life-changing injuries that prevent them from working or living independently. It should come as no surprise that many motorcycle accident victims and their families wonder how long it will take to get compensation.

People often have a million questions about the litigation process, including whether their case will go to trial or settle. While there is no timeline for how long settling a motorcycle accident claim with a motorcycle accident attorney will take or how long it will take to go to trial, consider the following factors to get an idea about the court process and what goes into resolving a motorcycle accident case.

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How a Motorcycle Lawsuit Begins?

The National Highway Traffic Safety Administration (NHTSA) indicates that motorcyclist fatalities occur 28 times as often per mile traveled than passenger vehicle fatalities.

After those crashes, most motorcycle accidents begin their legal claims with negotiations with the insurance company. As for-profit businesses, insurance companies want to settle quickly and for cheap. It can be tempting to take the first offer in hopes of resolving your case quickly, but the first offer usually will not cover all your damages.

An accident attorney can help you avoid the mean tactics that insurance companies use to avoid paying settlements.

Common tactics include:

• Offering initial lowball settlements.
• Deliberately delaying responses.
• Calls and letters that pressure you to settle or lose your claim.
• Denying your injuries exist or claiming they are not as bad as you claim.

What Happens When I Accept a Settlement Offer?

Accepting a settlement offer ends your case. That is why getting money for your current damages and any future anticipated losses is critical. When you accept a settlement, you must sign a liability release. Generally, signing a release will prevent accident victims from filing another lawsuit against the defendant about the same accident.

A settlement release typically includes the dollar amount, other terms and conditions, and boilerplate language. You should always speak to an attorney before agreeing to settle your case and signing a liability release.

Settling your case is the fastest way to resolve it. However, you should always consider what full financial compensation looks like for you before ending your case.

What Happens If the Insurance Company Does Not Settle?

Your claim will continue to the trial if you and the insurance company cannot reach an agreement during settlement negotiations. The beginning of all civil trials is filing a complaint with the correct court. After this process begins, many steps are involved. Properly completing each of these procedural steps can affect how long it takes to resolve your motorcycle accident lawsuit.

Important Procedural Rules in Motorcycle Accident Lawsuits

Many procedural rules affect the validity of a motorcycle accident lawsuit. Perhaps the most important is the statute of limitations. The statute of limitations is a deadline law imposes for filing a lawsuit or settling an accident claim. The time you have for filing a lawsuit depends on your case type and the state where the accident happened. Your motorcycle accident attorney will be familiar with rules, including the statute of limitations and other procedural rules to ensure that you will not lose your case on technical grounds.

Filing a Complaint

A complaint is a legal document that states all your allegations plainly for the court. In your complaint, your attorney will plead for the damages you believe you are legally entitled to and ask that the court require the defendant or defendants to pay for the damages you allege.

The time a defendant has to answer your complaint depends on your state. Generally, a defendant has thirty to sixty days to file an answer to the complaint or risk having a default judgment entered.

Defendant’s Response to the Complaint

The law allows a defendant time to respond to a plaintiff’s complaint. Typically, a defendant will file a response called an answer. In their answer, the defendant will admit or deny each allegation in the complaint.

The rules of civil procedure also allow the defendant to file motions to resolve the case before filing an answer. For example, a defendant may file a motion for summary judgment before filing an answer. In a motion for summary judgment, a defendant will argue that there is no dispute of pertinent facts, and the court must dismiss the case.

The rules permit filing several other motions to resolve the case before the defendant submits an answer. The plaintiff must respond to these motions, and the court must set them for argument. These procedural matters often extend the time the case remains active.

Pretrial Matters

Each side must participate in a process called discovery. Discovery is the investigation phase of a trial. During discovery, each side will send and respond to a set of questions called interrogatories as well as requests for the production of documents. The discovery process can take a significant amount of time. The more defendants named in a lawsuit, the longer the discovery process will take to complete.

Motions from Your Side

Your attorney may find it appropriate to file motions during the pendency of your trial. As your team investigates the case, facts may present themselves that can get your case resolved with a motion. Getting a court date for your motion may take time, depending on the court’s calendar.

Trial

It can take years to actually get a case to the trial phase. Unfortunately, the longer it takes to get before a jury or judge, the longer it takes to resolve your accident lawsuit.

Reasons for court delays can include:

• The court’s calendar is full
• Counsel has scheduling conflicts
• Emergencies
• Scheduling expert witnesses who must appear at trial

Unfortunately, scheduling can be unpredictable. For example, a court may grant the opposing counsel’s motion to continue. You may be looking at a trial date that moves, and it is beyond your control.

Typical Injuries From Motorcycle Accidents

The time it takes to heal from your injuries affects the time it takes to resolve your case. It may not be a good idea to quickly resolve your claim before understanding the extent of your injuries. Some injuries do not present themselves for weeks or months after the accident.

Your attorney will help you understand a reasonable offer and the damages you can recover. Examples of common injuries that motorcyclists often sustain in traffic crashes include:

Traumatic Brain Injury

A traumatic brain injury (TBI) is common in crashes involving motorcyclists. A sudden impact on the head can cause a severe brain injury, especially if the biker is not wearing a helmet at the time of the impact.

The symptoms of a TBI, or other brain injuries, can take time to manifest. The symptoms may progressively get worse. If that happens, you may develop a disability that keeps you from working. The overall value of your case will increase, and you may be entitled to greater compensation.

Road Rash

Road rash happens in motorcycle accidents more than in crashes involving other passenger vehicles. Road rash often occurs when a motorcyclist’s body comes into contact with the road and skids across the surface.

Spinal Cord Injuries

A spinal cord injury can leave a patient incapacitated and hospitalized for months. After a lengthy hospitalization, the patient may suffer from permanent disability. However, there is no way to predict the length of their disability without a doctor’s input. Motorcycle accident victims should carefully consider their doctor’s opinion about the long-term effects of their injuries.

Internal Injuries

You will not know if you have suffered an internal injury unless you get a physical examination. If left untreated, internal injuries can lead to disability. Accident victims should prioritize getting a physical examination after an accident.

Broken Bones

Because motorcycles do not have a vehicle body like cars or trucks, motorcyclists are vulnerable to sustaining broken bones in a traffic crash. Broken bones may take a significant amount of time to heal. You may not know how these injuries will affect you until they heal fully. The time it takes for broken bones to heal can affect the length of settlement negotiations or a lawsuit.

What Damages Can I Recover In a Motorcycle Case?

A motorcycle accident plaintiff can recover three major categories of damages. You may have losses that fall into either the economic or non-economic categories. In addition, in some cases, you might even recover punitive damages.

Economic Damages

Economic damages are physical and tangible. A specific dollar amount is usually attached to these losses; assigning them a monetary value is a relatively simple task.

Examples of economic damages include:

• Current and future medical bills
• Lost earning capacity
• Property damage
• Funeral and burial expenses in wrongful death claims

Non-Economic Damages

Non-economic damages are difficult to prove because they are non-physical and intangible. It can be challenging for a motorcycle accident victim to identify these losses and recover financially for them.

Despite being hard to show, non-economic damages are just as valid as economic damages. Accident victims deserve to recover tangible and intangible losses after a motorcycle accident.

Examples of non-economic damages include:

• Reduced quality of life – An accident victim can often recover compensation for their diminished quality of life. Suppose the accident causes you to experience a disability, disfigurement, or mental and emotional damage, and those losses cause your life to be negatively affected. In that case, you can recover compensation for that harm.
• Pain and suffering – Pain and suffering damage after a motorcycle accident refers to losses related to the inconvenience of being in the accident. Recovering compensation for pain and suffering usually requires a solid legal argument from an experienced litigator.
• Loss of consortium and companionship – Loss of consortium or companionship is a claim typically brought by an accident victim’s spouse. Depending on your state, your spouse may be entitled to losses that they suffered because of your injuries.

Punitive Damages

Punitive damages punish defendants and deter them from similar activities. The availability and amount of punitive damages depend on the court.

What If I Cannot Afford an Attorney?

Suppose you have a motorcycle accident claim but are concerned about the cost of legal representation. In that case, you can take advantage of a contingency fee payment arrangement to pursue your legal claim.

A contingency fee payment arrangement allows the client to defer payment of legal services until the end of a case. Generally, attorneys do not require payment unless there is a financial settlement. Attorneys usually receive a percentage of the settlement. The terms of the agreement must be in writing.

Call a Motorcycle Accident Lawyer Today

Contact an attorney today if you have suffered an injury in a motorcycle accident. The duration of a motorcycle accident lawsuit varies greatly depending on the complexity of the case, the parties involved, and the legal processes that unfold.

You should always work with an experienced personal injury lawyer in Tampa who can effectively navigate the legal system, advocate for your rights, and strive to expedite the process while pursuing maximum compensation.

Request A Free Consultation Today!

Boohoff Law, P.A. — Auto Accident Lawyers – Tampa Office

829 W Dr Martin Luther King Jr Blvd,
Tampa, FL 33603
Phone: (813) 725-5606