How Can a Motorcycle Accident Lawyer Help You?

Posted on June 24, 2024 in Motorcycle Accident

Men and women of all ages enjoy riding motorcycles year-round, whether for commuting or joy rides. While a preferred mode of transportation for many, motorcycles are also particularly dangerous, and accidents occur frequently.

When you’re involved in a motorcycle collision, do not hesitate to seek legal assistance from a qualified motorcycle accident attorney. A lawyer wears many hats throughout your case and has the skills to handle your claim efficiently while giving you peace during a trying time.

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Understanding Motorcycle Accidents

Motorcycles only account for about three percent of registered vehicles in the United States. Yet, in a recent year, motorcycle accidents accounted for 3.5 percent of all injuries and 14.6 percent of all fatalities.

Motorcycle accident cases can be challenging to navigate. There are several important details to understand, including cause and liability, which significantly contribute to the success of your claim.

Causes of Motorcycle Collisions

Motorcycle riders deserve the same respect as other road drivers, but unfortunately, they don’t always get it. For this reason, many motorcycle accidents are the result of driver negligence, including:

• Speeding
• Aggressive driving
• Tailgating
• Driver inattention
• Failure to yield
• Unsafe turns and lane changes
• Impaired driving

Other factors may also contribute to motorcycle collisions, including, but not limited to, hazardous road conditions, inclement weather, and defects or malfunctions.

Motorcycle Accident Injuries

Motorcycle accidents often result in serious injury to riders. Injuries usually depend on the severity of the impact and the type of collision but often include:

• Road rash
• Broken bones
• Cuts and lacerations
• Head and brain injuries
• Back and spinal cord injuries
• Crush injuries 
• Internal injuries

Because of the nature of motorcycle crash injuries, these injuries regularly worsen and lead to complications. Some accident injuries can result in long-term issues, including amputations, nerve damage, and paralysis.

Liability for Motorcycle Crashes

Liability for a motorcycle accident depends on the circumstances. Simply put, the party that causes your crash is also financially responsible for your injuries and other losses.

Some of the parties that can be at fault for a motorcycle collision include:

• Car and truck drivers
• A driver’s employer
• Mechanics
• Governmental entities
• Construction companies
• Manufacturers and distributors

Fault for a motorcycle accident isn’t always easy to establish. Therefore, it may be necessary to investigate your crash and gather evidence to prove the other party’s liability.

Pursuing Compensation Following a Motorcycle Accident

When you suffer injuries and monetary or non-monetary losses in a motorcycle crash, you likely want to pursue compensation. Your path toward financial recovery depends on the situation.

In many cases, if the responsible party has insurance, you can seek compensation by filing an insurance claim. Understanding your state’s fault laws is necessary to figure out how to proceed with an insurance claim.

If your accident occurred in a fault state, you can file a third-party claim against the responsible party’s insurer. On the other hand, if you live in a no-fault state, proving fault right away to receive compensation isn’t necessary. Therefore, you can file an insurance claim with your insurer.

When your insurance claim is successful, and you can settle your claim for a fair amount, you don’t need to take any further steps. However, if you cannot settle with the insurance company, you may need to file a personal injury lawsuit in court to continue your pursuit of favorable monetary recovery.

In some situations, you may not file an insurance claim and instead skip straight to filing your legal claim in court.

The journey toward financial recovery looks different for everyone. This is one of the primary reasons you should always seek legal assistance following a collision.

What is a Motorcycle Accident Lawyer?

So you’ve been in a motorcycle accident and need help. Who should you turn to? A motorcycle accident attorney. But what exactly is a motorcycle accident lawyer, and what do they do?

A motorcycle accident attorney gets their start like any other attorney, attending law school and getting licensed. These lawyers then focus their practice on personal injury law, the area of law that allows injured individuals to seek justice and compensation for the wrongs done unto them by third parties. Motorcycle accidents fall under personal injury law.

Motorcycle accident lawyers have one goal: to get you the financial recovery you need to make you “whole,” meaning to put you in a similar situation that you were in pre-collision. A skilled attorney protects your rights and advocates for your best interests as they aggressively pursue the most beneficial case result.

Many people are hesitant to hire attorneys, as they believe it makes them too litigious or that attorneys will overcharge them. Injury lawyers often get a bad reputation when, in reality, their goal is to assist injury victims in obtaining justice and financial support for the future. The harsh truth is that victims often cannot achieve the same outcome on their own as they can with a lawyer. In this way, motorcycle accident attorney provide an important benefit to those dealing with serious injuries.

Investigating Your Accident

Some accident cases are complicated, so your lawyer may need to investigate. During their investigation, your attorney can gather pertinent details and information concerning your collision, which can aid in answering vital case questions, including those regarding cause and liability.

Cause and liability are essential to your case. Once your lawyer knows why your accident occurred, they’ll also know whose actions were to blame for your collision and resulting injuries.

Gathering Evidence

Evidence plays a huge role in collision cases, as it can help aid in proving cause and fault. Some of the evidence most frequently utilized in motorcycle crash cases includes:

• Photos and videos
• Witness statements
• Surveillance and traffic cam footage
• Medical records and bills
• Police reports

Gathering evidence, like witness contact information, helps your attorney prove your claim. Additionally, as more evidence becomes available, like police accident reports, you can rely on your attorney to request and obtain everything necessary.

Calculating Your Damages

Understanding the extent of your economic and non-economic losses is key, as this helps ensure you get the financial recovery you deserve. Some of the damages you may be entitled to receive include, but are not limited to:

• Past and future medical expenses, including emergency room visits, surgery, and medications
• Therapy and rehabilitation
• Lost earnings
• Diminished or lost earning capacity
• Pain and suffering
• Scarring and disfigurement
• Disability
• Loss of enjoyment of life

Many factors play a role in how much your case is worth. To establish your damages, your motorcycle accident lawyer must review several details, such as:

• The type and severity of your injuries
• The total cost of your medical treatment
• Whether you’ll require medical care in the future
• Whether you’ve needed to take time off work, and if so, the total of your lost income
• Whether you can return to work in the future and at what capacity
• The extent of the mental and emotional impacts caused by your accident
• Any other monetary or non-monetary losses

Once your lawyer knows the true value of your claim, they can help secure the financial recovery that suits your needs.

Communicating with the Insurance Company

Dealing with insurance companies is usually not easy, and accident lawyers know this all too well. When you have an attorney handling your case, everything goes through them, so you don’t have to worry about communicating with the insurer yourself.

Insurance companies are so difficult partly because they are always looking for ways to limit their liability or, better yet, avoid paying you for your claim altogether. Consequently, you need to be careful, as certain things you say or do can be used against you and harm your claim.

A motorcycle accident attorney deals with the insurer directly and guides you regarding what you should and shouldn’t do. For example, your lawyer may advise against giving the insurer a recorded statement and posting about your collision on social media but will recommend seeking continued medical treatment for your injuries.

Filing and Handling Your Personal Injury Lawsuit

If you’re unable to file an insurance claim, or your claim doesn’t yield favorable enough results, your attorney can proceed with the next step: filing a personal injury lawsuit. While the thought of going through a lawsuit might be daunting, you don’t have to worry when you have a qualified motorcycle accident attorney handling your case.

Depending on the circumstances, your accident lawyer can start the process by sending the insurance company a demand letter. Within the demand letter, you’ll find crucial accident details, including the time and place, the injuries you sustained, and how the insured is at fault. Demand letters allow your attorney to “demand” a fair settlement. Sometimes, they produce advantageous results.

Should the insurance company not attempt to settle after receipt of the demand letter, your accident lawyer can file a personal injury lawsuit in court. This begins by drafting and filing a petition with the court detailing the situation, along with supporting documentation and appropriate court fees.

Throughout your personal injury case, your attorney will gather evidence, build your claim, and strengthen your argument. Your lawyer will continue to fight for your rights to compensation.

Engaging in Negotiations for Fair Settlement

At certain points throughout the process, your motorcycle accident lawyer will engage in settlement negotiations with the opposing party. Negotiations can be challenging, so it takes an attorney’s patience and skill to see results.

Most personal injury cases settle outside of court. If this happens in your case, you won’t need to take your case to trial and appear before a judge. Negotiating for a settlement benefits both parties, as it can save plenty of time and money for everyone involved.

Representing You During Court Appearances

If your motorcycle accident attorney believes it is best to fight your case in court, you’ll attend trial. Your lawyer will continue to represent your best interests as they present their argument to the judge (and sometimes a jury), along with evidence and testimony.

At the end of the trial, the judge (or jury) makes determinations based on the information presented. Your case is officially over once the trial has ended and the judgment is entered.

Giving You Peace of Mind

Among the countless things a motorcycle accident lawyer can do for you, they can give you immense peace of mind.

A motorcycle accident can bring about difficult moments. You may have a long road to recovery, and you might be unable to work for some time as you let your body heal. This is hard for you and your loved ones, as they care for you and stand beside you during your struggles.

Aside from being an accident victim, no one understands the difficulties of a collision more than an attorney. Your lawyer can give you peace of mind throughout the process, allowing you to focus on what matters most, including yourself and your loved ones, and rebuilding post-collision.

After a Motorcycle Accident, Seek Legal Help Right Away

If you’ve suffered an injury in a motorcycle collision and wonder whether you should consult with a local attorney, the answer is a resounding “yes.” A personal injury lawyer in Phoenix, AZ can provide much-needed guidance and clarity during a confusing and frustrating time.