The short answer to this question is yes. You should always have an an experienced motorcycle accident lawyer 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 accident 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 accident 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.
How Common Are Motorcycle Accidents?
According to the National Highway Traffic Safety Administration, the number of motorcycle fatalities has increased while the number of motorcyclists injured in traffic accidents has decreased.
The following data provides a snapshot of nationwide motorcycle accidents in one recent year:
- There were 5,579 total motorcycle 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.
- The number of motorcyclist traffic accident fatalities involved a higher rate of alcohol involvement. The breakdown is as follows:
- Twenty-three percent were operating passenger vehicles.
- Three percent were operating large commercial trucks.
- Nineteen percent were driving light trucks.
- Motorcyclists killed in traffic accidents at night were three times more likely to be under the influence of alcohol.
- Fifty-seven percent of motorcycle riders 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 Are the Most Common Motorcycle Accident Injuries?
Motorcycle riders 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 crash 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. A motorcycle accident victim with road rash may suffer with deep skin abrasions, irritation, infection, 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 full 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 motorcycle accident victims may not recognize that they can recover compensation for them.
Examples of economic damages include:
- Current medical bills and future medical expenses.
- Current and future lost income.
- Loss of earning capacity.
- Property damage.
- Funeral and burial expenses if the victim dies from their injuries.
Working with a personal injury lawyer on your motorcycle accident claim is one of the fastest and most accurate ways to calculate your total damages and losses. The process includes combing through all of your motorcycle accident related expenses — any costs that you would not have incurred if you hadn’t been injured by a negligent driver.
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 damages are subjective and harder to prove. Experienced personal injury attorneys usually use special personal injury formulas to arrive at acceptable and fair damages. Without the help of a motorcycle accident lawyer, you may not know how to attach a dollar figure to your intangible losses or even the types of non-economic losses you are able to claim.
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 amount 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. Contacting a motorcycle accident law firm early in the process can provide the necessary legal guidance and support to protect your interests.
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.
What Problems Do Unrepresented Accident Victims Face?
Attempting self-representation is never worth the risk. Winning a negligence case is a difficult matter, especially when you’re up against the other driver’s insurance company. Handling a courtroom or negotiating with an insurance adjuster whose job is to downplay your losses is an art form, and effectively presenting your case requires experience and skill.
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.
Why Should I Hire a Motorcycle Accident Attorney?
Motorcycle crashes can result in serious injuries and complex legal claims, making it essential to hire experienced legal counsel. 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.
Negotiating a Settlement
It’s standard practice for most insurance companies to pay as little as they can on personal injury claims. There are many methods they use to do this, from disputing your injuries and damages, pressuring you to accept a quick lowball offer before you can talk to a lawyer, delaying your claim, and more, all in an effort to minimize your claim.
A dedicated motorcycle accident lawyer will stand up to the insurance companies and protect you from the pitfalls they put in your path to fair compensation.
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. We recommend that you hire a motorcycle accident lawyer who has a strong record of trying cases in court.
If the at-fault party’s insurance company refuses to offer you all the compensation you deserve under the law, your lawyer can fil a motorcycle accident lawsuit and argue your case in court before a judge or jury. The prospect of going to court is a process that insurance companies are eager to avoid. Working with a motorcycle accident lawyer who is also a qualified trial lawyer will likely lead to faster and higher settlement offers.
Representing 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.
Providing 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 a Motorcycle Accident 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 a motorcycle accident lawyer 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.
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