Been in a motorcycle accident? You need to know your rights.
Riders who experience motorcycle accidents face devastating outcomes that include serious bodily harm, wrecked motorcycles and increasing medical expenses. Motorcycle accidents resulted in 77,591 injuries and 6,218 deaths across the United States throughout 2022. The number of motorcycle riders who will face life-altering outcomes is significant.
A large number of motorcyclists lack complete awareness of their legal rights following an accident. Motorcyclists who lack knowledge about their legal rights often settle for inadequate insurance payments or fail to receive any compensation at all.
Here’s the good news:
Through proper legal guidance and accurate information you can defend your rights and obtain deserved compensation. This guide covers all essential information about your legal rights post-motorcycle accident including immediate actions to take after an accident and how to handle insurance companies while claiming all possible damages.
Let’s dive in!
What You’ll Discover:
- Your Immediate Steps After a Motorcycle Accident
- Understanding Motorcycle Accident Liability
- Dealing With Insurance Companies
- Types of Compensation You Can Recover
- Common Challenges Motorcyclists Face
- How a Motorcycle Accident Attorney Can Help
Your Immediate Steps After a Motorcycle Accident
The actions you take during the first minutes and hours after a motorcycle accident play a crucial role in preserving your legal rights and maximizing your compensation recovery.
1. Ensure Safety and Seek Medical Attention
Your health always comes first. You should still have a medical professional examine you even if you feel fine after an incident. Serious injuries can remain hidden because they often do not present symptoms immediately.
Why this matters:
- Creates official documentation of your injuries
- Creates documented evidence that links your accident to your injuries
- This step helps protect against insurance companies who may attempt to attribute your injuries to other causes.
2. Report the Accident to Police
Every motorcycle accident needs police notification regardless of how insignificant it appears. Statistics show that motorcyclists face a death risk in crashes that is 22 times higher than that experienced by people inside passenger vehicles.
When the police arrive:
- Stick to the facts
- Don’t admit fault or guilt
- Get the officer’s name and badge number
3. Document Everything at the Scene
If you are physically capable you should collect as much evidence as you can. Though motorcycle accidents create chaos at the scene proper documentation remains essential for constructing a strong case afterwards. Hiring a motorcycle accident lawyer from Fielding Law will help you collect all essential proof to support your legal claim.
- Capture images of every vehicle related to the accident from different perspectives.
- Capture images of your physical injuries along with the road conditions and any traffic signs that may be pertinent.
- Get contact information from witnesses
4. Watch What You Say
Only speak about your accident with your lawyer while refraining from telling anyone else. Avoid:
- Admitting fault or apologizing
- Giving recorded statements to insurance adjusters
- Posting about the accident on social media
5. Notify Your Insurance Company
Tell your insurance company about the accident immediately but limit your information to essential facts. Insurance companies, including yours, focus on reducing the amount of money they pay out to avoid expenses.
Understanding Motorcycle Accident Liability
Determining liability is crucial for securing compensation. This section explains the mechanics of fault determination in motorcycle accident cases.
Types of Negligence That Cause Motorcycle Accidents
Most motorcycle accidents result from someone’s negligence. Common scenarios include:
- Distracted driving (texting, phone use)
- Drivers fail to grant motorcyclists their legal right of way.
- Unsafe lane changes
- Driving under the influence
Research indicates that alcohol involvement was present in 33.52% of fatal motorcycle crash drivers while 37.25% of such drivers were speeding.
Comparative Negligence: What If You Were Partly at Fault?
The legal approach in many states incorporates comparative negligence rules.
- The amount of compensation you receive will be lessened according to the percentage of fault assigned to you.
- Certain states prevent you from recovering damages if your fault exceeds 50%.
- Even if you believe you share some blame for the accident, leave the investigation to your attorney and avoid making any admissions.
Dealing With Insurance Companies
Insurance companies work to minimize the money they pay out to policyholders. Here’s how to protect yourself:
The Insurance Company Is Not Your Friend
Insurance adjusters are trained professionals who aim to protect their companies from large payouts regardless of their friendly demeanor. Their tactics often include:
- Insurance companies frequently propose fast settlement offers before you can determine the complete extent of your injuries.
- Requesting unnecessary information to delay your claim
- Insurance adjusters record your statements to use them against you in future proceedings.
Don’t Accept the First Settlement Offer
Insurance companies typically present initial settlement offers as low amounts intended to resolve your claim quickly and inexpensively. Accepting a settlement means you give up the right to ask for more money even if your injuries become worse.
Let Your Attorney Handle Communications
Insurance companies respond differently to your claim when you have legal representation. An experienced attorney will:
- Handle all communications with insurers
- Evaluate settlement offers against your actual damages
- Negotiate for fair compensation
Types of Compensation You Can Recover
Multiple forms of damages may become available to you following a motorcycle accident.
Economic Damages
These represent specific financial losses:
- Medical expenses (current and future)
- Lost wages
- Loss of earning capacity
- Property damage (motorcycle repairs/replacement)
Non-Economic Damages
These compensate for intangible losses:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent scarring
Punitive Damages
When cases involve extreme recklessness or intentional misconduct you may receive punitive damages which serve to punish the offender and prevent future similar behavior.
Common Challenges Motorcyclists Face
Motorcycle riders encounter distinct challenges when trying to obtain compensation.
Bias Against Motorcyclists
A negative stereotype persists about motorcyclists among various groups including insurance adjusters and jurors. They might assume riders are:
- Reckless
- Thrill-seeking
- Responsible for their own injuries
Your case may suffer unfair consequences from this bias if you fail to properly address it.
“Assumption of Risk” Arguments
Insurance companies often claim that motorcyclists willingly take on the risks associated with riding motorcycles. They may argue that by selecting to ride a motorcycle you accepted the potential for injury through “assumed risk”.
Helmet Use Questions
People riding motorcycles in states without universal helmet laws could see their failure to wear a helmet used against them in legal claims even though their injuries were not related to helmet use. Fatal motorcycle crashes frequently happen between 3 p.m. and 7 p.m. during rush hour and weekends while June through August stands out as the deadliest period.
How a Motorcycle Accident Attorney Can Help
Specialized legal representation plays a pivotal role in determining the final outcome of your case.
Investigation and Evidence Gathering
A proficient attorney will perform an extensive investigation which involves:
- Reviewing police reports and witness statements
- Analyzing physical evidence from the crash scene
- Consulting with accident reconstruction experts
Calculating Full Damages
Specialized motorcycle accident attorneys know how to accurately assess your claim by including:
- Future medical needs and ongoing care
- Long-term earning capacity impacts
- Fair compensation for pain and suffering
Important Deadlines
Motorcycle accident cases require strict adherence to time limits for legal actions.
- Personal injury claims in all states are bound by a statute of limitations that generally ranges from 1 to 4 years.
- Insurance policies require “prompt” notification of accidents
- Government claims require fast action because their deadlines can be as brief as 60 to 180 days.
Final Road to Recovery
Motorcycle accidents change lives in an instant. Motorcycle fatalities rose approximately 33% between 2013 and 2021 which demonstrates the severe nature of these accidents.
Remember these key points:
- The actions you take immediately following an accident are of great importance
- Your claim foundation depends on proper documentation and medical care.
- Insurance companies prioritize profits over your recovery
- Experienced legal representation levels the playing field
- It’s vital to get legal advice promptly after an accident
With knowledge of your rights and qualified legal assistance you can dedicate yourself to your recovery as your lawyer manages the case’s legal challenges.
Don’t settle for less than you deserve. Defend your legal rights to secure adequate compensation for your suffering. Choose an experienced motorcycle accident lawyer who will tenaciously represent you so you can focus on your recovery.