Motorcycle Accident Lawyers
Motorcycle Accident Injury Representation for Riders, by Riders
Many personal injury attorneys say they represent victims of motorcycle
accidents. But ask them: Do they also ride? Every attorney at the
Motorcycle Law Group does.
The motorcycle is unlike other four-wheeled vehicles, requiring skilled
and vigilant rider coordination to operate – particularly in a crash
scenario. Our success rate for favorable settlements and jury outcomes
is thanks to our deep and broad knowledge of motorcycle physics, motorcycle
and traffic laws, and an understanding of how bikes are operated with
the hands, feet, and mind. Most importantly, we have a passion for the
motorcycling lifestyle and can effectively and sincerely communicate to
the jury, judge, and insurance companies the reasons we ride and the laws
that guide our community.
Practicing Personal Injury Law in Virginia, North Carolina, South Carolina,
West Virginia and Georgia
If you've been injured in a motorcycle accident,
call Motorcycle Law Group today to
schedule a free consultation.
On This Page:
Motorcycle Accident Reconstruction
For your motorcycle case,
our attorneys may work with accident reconstruction experts who specialize in motorcycle
physics and are able to piece together how the accident unfolded based
on evidence, vehicle damage, and witness testimony. Reconstruction is
particularly critical for motorcycle cases in which downed riders are
unable to speak for themselves due to being taken away from the scene
in an ambulance – leaving less-injured car or truck drivers at the
scene with their word of how events unfolded. Many of our clients are
often cited with contributing to a collision, but in many instances, we
are able to prove otherwise: the rider is innocent, not at fault, and
did everything in his or her power to avoid the accident.
The Difficulties of Disputed Fault in Motorcycle Accident Injury Cases
This unclear liability has another unfortunate side effect for riders;
when fault is in question the insurance company and their client are much
more likely to take a case to trial. In an ideal world, you can avoid
court by gathering evidence and negotiating with the insurance company
with facts and hard realities.
Facts aren’t the only things that matter in motorcycle injury cases,
and insurance companies are less concerned with doing the right thing
than they are minimizing the claim payments they make to injured riders.
Why would they settle for a fair amount when they control the narrative?
Insurance companies also know that juries are, in most cases, unfavorable
to motorcyclists due to the unjustified biases held against many riders.
They know that if you don’t settle for a lot less than you deserve
and choose instead to take your case to trial you will likely be facing
an unfriendly jury with all kinds of negative preconceptions about “reckless
outlaw bikers.”
There are many good car accident and truck accident attorneys out there,
but when it comes to changing the hearts and minds of a judge and jury,
a regular accident lawyer may not be able to do it quite like a fellow
motorcyclist. We know how to humanize you based on our own experiences.
Policy Limits Often Work Against Motorcyclists in Catastrophic Injury Motorcycle Accidents
In some scenarios, it is actually preferable for a rider to take their
case to court, especially if the policy limits of the responsible driver
are far below what you deserve. In catastrophic injury accidents, which
motorcycle accidents often are, your medical costs, lost wages, and pain
and suffering could far exceed the other driver’s $25,000 or $30,000
bodily injury limit. In that scenario, the only way for you to recover
funds in excess of that limit will be to take the case to a jury trial.
Seven Helpful Tips for Riders if They’re Involved in a Motorcycle Accident
- If possible (which it often isn’t), give your version of events to
law enforcement for the accident report
- Avoid talking to other people at the accident scene unless absolutely necessary,
and never apologize or admit fault to the other driver
- Get medical attention right away – this isn’t a scenario where
you want to tough it out – your medical records will be important evidence
- Don’t get your bike repaired until your motorcycle lawyer can properly
document all the damages – we may even have an accident reconstruction
expert examine the damage
- If you’re still standing after your accident do your own documenting
of the crash scene and take pictures of the other vehicle’s damage
if possible
- You’ll likely have to pay a lot of accident-related expenses out
of pocket before your settlement – keep all your receipts so we
can calculate accurate damages
- Don’t talk about your accident on social media and don’t post
any pictures or say anything that could call into question the severity
of your injuries
Types of Damages in Accident Claims
Motorcycle injury or death claims and car injury or death claims have one
fundamental goal: to make you financially whole after an accident or compensate
you and the heirs for the death of a loved one. Your injury claim will
cover everything from your medical bills and property damage to damages
that are less easy to quantify in monetary terms, such as pain and suffering.
Additionally, it will cover future medical bills, future pain and suffering,
and any lost wages or future lost wages and earning capacity. A claim
for death, compensates the heirs for loss of financial support, companionship,
and other damages. Having uninsured/underinsured motorist (UM/UIM) coverage
can increase the amount of money available for your injury or a death
claim in the event the at fault party does not have enough insurance or
no insurance.
You could be eligible for damages to compensate you for:
- Medical bills and future medical bills
- Lost wages
- Loss of earnings capacity
- Property damage (for your bike and equipment)
- Pain and suffering
- Future pain and suffering
- inconvenience
- Loss of consortium, loss of support and income from the death of a loved one.
- Funeral expenses
- Costs related to continuing care (mobility assistance devices, transportation
costs, etc.)
- Other out of pocket expenses related to your injury or recovery.
How Do You Calculate the Value of Damage Types?
Some damages are easy to calculate as it is just a matter of adding up
your medical bills and loss of wages. Other damages may require a financial
expert or specialist or testimony of an heir.
Important considerations when calculating certain types of damages include:
-
Property damages: It’s not uncommon for motorcycles to be total losses after an accident.
In most cases, the insurance company will consider the make, model, year,
and mileage of your motorcycle. Whether or not their valuation is accurately
reflective of the true value of your bike depends on its condition and
how much you’ve invested in modifications or aftermarket parts.
If you have a restored classic motorcycle or custom bike, for example,
then you may want to consider investing in classic or custom motorcycle
insurance. How you have insured it could play a role as well as what motorcycles
like yours are selling for in your area.
-
Medical damages: Your emergency room bill is just one part of your medical damage’s
calculation. Everything from the ambulance ride to the hospital to your
physical therapy and rehabilitation costs should be included in any calculation
of your medical costs. Any expenditure that went towards your recovery
should be included in medical damages. Also included are any possible
medical expenses you may incur.
-
Pain, suffering, and loss of consortium: There’s no obvious dollar valuation for pain and suffering or loss
of consortium. Articulating how the death of a loved one affected your
quality of life, finances and family dynamics is important. Your success
in winning or negotiating non-economic damages are heavily reliant on
the skills of your motorcycle or car injury attorney.
-
Punitive damages: Punitive damages most often come into play if the negligent driver was
doing something that was particularly reckless and illegal. Drunk driving
accidents are the most common type of auto accident personal injury cases
where punitive damages become available.
Common Motorcycle Accident Causes
The biggest threat facing motorcyclists on the road are caused by other
drivers. However, unsafe roadways, dangerous weather conditions, rider
errors, and motorcycle defects are all potential hazards as well.
Commonplace risks and causes of motorcycle accidents include:
-
Inexperienced or negligent drivers: One of the biggest dangers on the road is drivers who are careless or don’t
realize how dangerous they are making traffic for riders. Tailgating,
failing to adequately check blind spots, or driving under the influence
can easily result in accidents that seriously injure or kill riders. Riding
defensively and maintaining awareness of the road and surrounding vehicles
is the best way to attempt avoid accidents with negligent drivers. New
riders may also want to consider signing up for advanced riding courses
that teach accident avoidance strategies and maneuvers.
-
Speeding: Speeding creates risks for riders and drivers. Drivers making a left turn
in front of a rider may not be able to tell how fast the motorcycle is
going and misjudge the time they have to make the turn safely. In fact,
many states have a law that the rider has forfeited his right of way,
if speeding occurred. Drivers might also not notice a rider coming up
behind them quickly on the left or right when they’re about to make
a lane change. All drivers and riders should always follow the speed limit.
-
Weather and dangerous road conditions: Running over potholes or rocks in the road may not always flip a car,
truck, or SUV, but it can easily result in a rider being tossed over their
handlebars. Icy or wet roads can cause cars to slide, but the passengers
will be in a protective metal chassis and cushioned by airbags. Motorcyclists
who slide don’t have the same protection, so road condition-related
accidents can be extremely hazardous to riders. Make sure your lights,
tires, and brakes are always in good working order before you ride.
-
Unsafe lane changes: You don’t have to ride for long before experiencing your first brush
with a car invading your lane with seemingly no concern for your safety.
Many drivers become distracted and don’t adequately check to confirm
the lane they’re changing into is clear. It would be great if every
driver was courteous and looked out for riders, but unfortunately, its
not always the case.
-
Rider error: Most riders are very cautious and stay focused, but sometimes a crash
occurs from over-braking or running wide on a curve.
-
Intersections: Intersections are the source of many motor vehicle accidents, like those
involving unsafe left turns, running red lights or stop signs, and illegal
lane changes. Due to distracted driving riders are at an increased risk
of being rear-ended while waiting for a light to change.
Schedule a
FREE Consultation with Motorcycle Attorneys Who Understand What You’re Going Through
The Motorcycle Law Group represents riders and motorcycle accident victims in
Virginia,
North Carolina,
South Carolina,
Georgia and
West Virginia.
Contact one of our motorcycle accident lawyers and let us fight for you.
