Imagine being hit by a car on your motorcycle. You fly off your bike and slam into the ground. You’re alive, but you have severe injuries. How will you pay your mortgage and medical bills? How long will you be out of work?
A serious motorcycle accident caused by another party is a dire matter. You need immediate medical attention and should contact a motorcycle accident attorney. Learn below about how a motorcycle accident attorney can help you.
Next, if you suffered an injury recently, talk to a New Jersey motorcycle accident attorney for a free legal analysis. You’ll find out if your case may qualify for compensation in a personal injury claim or lawsuit. You can receive money for your current and future medical bills, lost earnings, lost earning capacity, and more.
Sobering Motorcycle Accident Statistics
Many motorcyclists enjoy riding on the road to enjoy the outdoors. However, there is no question that riding a motorcycle is more dangerous than driving a car. Approximately 6,200 motorcyclists died in crashes in 2022, and tens of thousands were seriously injured.
A motorcycle offers no protection from the environment and crash forces if you are in an accident. Motorcycles are also less stable than cars and more challenging to see. The US government estimates that per mile ridden in 2021, the number of motorcycle fatalities was 24 times that in cars.
How Do Motorcycle Accidents Happen?
Motorcycle crashes happen for many reasons, but another driver causes most. Common causes of motorcycle accidents with other drivers include:
- Speeding and reckless driving: Many car drivers cause motorcycle accidents because of speeding and other types of reckless driving. A speeding car takes a long to slow down and causes a more severe crash. Massive crash forces from a speeding car or truck can severely injure or kill a motorcyclist.
- Distracted driving: More car drivers than ever have cell phones, and far too many text and drive. Most states have banned driving with a cell phone in the driver’s hand, but far too many drivers still engage in this hazardous practice. Other types of distracted driving that can make a driver miss a motorcycle are eating and drinking, changing the radio, checking a GPS device, and personal grooming.
- Drunk driving: Driving under the influence is always dangerous. It’s even more hazardous when a drunk driver drives near a motorcyclist. Talk to the police and your personal injury attorney if you suspect the driver who hit you was drunk.
- Failure to yield: Many motorcycle accidents happen because an oncoming driver doesn’t see the motorcyclist. For example, drivers may turn left in front of a motorcycle because they watch for cars, not smaller ones.
- Poor judgment: Many car drivers improperly judge the speed and distance of motorcycles and cause serious accidents by pulling out in front of them.
What Compensation Is Available In A Motorcycle Accident Claim?
You may be entitled to economic and non-economic damages for your accident losses. Economic damages are calculable losses from medical bills, lost earnings, and other out-of-pocket expenses.
Your attorney may help determine the cost of your medical care years in the future if you have a serious injury. They also can calculate lost future income if you have a disabling injury.
You also can receive non-economic damages, which are more difficult to calculate. A serious motorcycle crash can cause serious injuries that cause significant pain and suffering. Your attorney will communicate with your doctors to understand the seriousness of your injuries and the pain and mental distress involved.
Your motorcycle crash attorney may research recent motorcycle accident settlements and verdicts to understand appropriate compensation to demand. They will ensure you are fairly compensated for your current and future damages, including your damaged or totaled motorcycle.
How A Motorcycle Accident Attorney Can Help You
Unfortunately, motorcycle accidents are usually severe, and the injuries can be devastating. You should retain a motorcycle accident attorney immediately if injured in an accident.
There are many critical ways that a skilled motorcycle accident attorney can help after an accident. Your needs will vary based on your injuries and other case details. However, there are many things in a motor vehicle accident that make an attorney worth the fees they charge:
Proving Fault
Receiving compensation in a personal injury claim means proving that someone’s negligence or wrongful action caused your injuries and damages. Your motorcycle accident attorney knows the steps to proving negligence to maximize your claim’s value:
- The other party violated their duty of care to drive safely and not injure other motorists.
- The driver violated their duty of care by breaking a traffic law and causing the accident.
- You suffered an injury in the accident.
- You have damages related to your injuries, such as medical bills and lost future earnings.
Proving fault might seem straightforward, such as if a truck rear-ended your bike at a traffic light. But proving fault to a jury or insurance company is more complicated than it looks. A motorcycle crash lawyer knows how to prove liability with the available evidence.
Collect Evidence
It’s essential to have strong, convincing evidence to build a viable claim. Your attorney will collect all of the evidence needed to prove liability, as well as your injuries and damages:
- Eyewitness testimony: After the accident, make sure you collect eyewitness contact details. Their testimony can be vital to proving how the accident happened.
- Photos and videos: If you can, take photos and videos of your injuries and vehicle positions. This evidence can be crucial to show who caused the accident.
- Surveillance video: Traffic and business cameras may be nearby showing the accident. Your attorney can obtain this footage through a court order.
- Physical evidence: Your lawyer may retain accident reconstruction experts to visit the scene to reconstruct how the accident occurred.
Reduce Your Stress
Suppose you broke your arm and leg in a motorcycle crash and have a severe concussion. You have tens of thousands in medical bills, can’t work, and can’t pay your mortgage. You are getting medical treatments and physical therapy during your recovery.
The last thing you need to worry about with all of this is a personal injury claim and haggling with insurance companies. Your motorcycle accident attorney will oversee your case and reduce your stress. You will focus on your recovery; your lawyer will handle the insurance and legal issues.
Having a motorcycle accident attorney is even more critical to reducing your stress if you have a catastrophic injury. This injury affects you permanently and often leads to permanent disability, such as a brain injury or paralysis. You’ll have everything you can handle with your injury and medical treatments, so your motorcycle accident attorney will take a massive weight from your shoulders.
Negotiate With The Insurance Company
The motorcycle accident attorney you hire will handle all insurance and legal communications. This will ensure that all paperwork is filed accurately and on time. Your attorney dealing with the case details will ensure you don’t say the wrong thing or make a mistake that negatively impacts your claim.
Also, your motorcycle accident lawyer will ensure you don’t lose your right to compensation by missing the statute of limitations deadline. Many states only allow two or three years from the date of injury to file a case.
Other time limits apply to personal injury claims and lawsuits. When you have a skilled motorcycle accident attorney helping you, they will ensure all needed actions are taken promptly to keep the case on track.
Take Your Motorcycle Crash Case To Court
Most motorcycle crash claims end with a settlement. It’s usually in your and the defendant’s interests to settle the claim out of court. However, if the at-fault party’s insurance company doesn’t offer enough money, your attorney will decide if the case should go to trial.
If they take the case to court, you can count on your seasoned motorcycle accident attorney to present the most compelling case to the jury. They will demand fair compensation for your medical losses, pain and suffering, and more.
Document Your Losses
The motorcycle accident attorney you hire will review all the damages you can recover in a claim. The attorney will gather evidence to document your economic and non-economic losses, which will be included in a demand letter to the insurance company. Along with your current expenses, the motorcycle accident attorney may hire medical and vocational experts to testify about the future medical costs and lost earnings you will incur.
Some of the losses you can claim in a motorcycle accident lawsuit are:
- Current and future medical expenses, including ER and ambulatory expenses, hospitalization, surgery, prescription drugs, and rehabilitation
- Lost earnings, including past, present, and future
- Lost earning capacity for a debilitating injury
- Property damages
- Pain and suffering and mental anguish
Other Motorcycle Accident Attorney Roles
When you hire a motorcycle accident lawyer to oversee your case, there are many other critical duties they will handle for you:
- Ensure that you receive regular updates when there is news in your case.
- Pinpoint all potentially liable parties and any insurance policies that can pay you.
- Manage all legal and insurance communications with the stakeholders.
- Collect evidence from experts, such as doctors, life care planners, vocational rehabilitation experts, and economists, to build your case.
- Determine the full value of the case.
Your attorney represents you on a contingency basis, so there is no legal fee if your case doesn’t lead to compensation.
Unique Aspects Of Motorcycle Accident Claims
You should have an attorney oversee your claim because there are unique aspects to motorcycle crash claims. Without excellent legal advice, you risk being under-compensated for your losses:
Motorcyclist Bias
You have as much right to the road as any car driver when on your motorcycle. You’re more challenging to see and more vulnerable in an accident, but all drivers and riders must share the road safely with others.
However, there is sometimes a bias against motorcyclists with juries and insurance companies. Some parties may think all motorcyclists are reckless and partially or fully responsible for any accident. This is false.
A skilled motorcyclist attorney knows this bias and will build a strong case with this fact in mind. If the case goes to trial, they will work tirelessly to show who caused the accident and why. They’ll ensure you aren’t blamed for something you didn’t do.
Severe Damages And Injuries
Motorcycle accidents often trigger huge losses and severe injuries. Some motorcycle accident claims settle for six and seven figures in the worst cases. The large amount of money at stake means the insurance company will fight the claim hard. Your attorney will demand the most compensation for your losses and fight aggressively to obtain it for you.
More Pain And Suffering
Severe motorcycle crash injuries usually cause serious pain and suffering. Pain and suffering damages are more complicated than medical bills and lost earnings. Suppose you have a severe road rash from a significant motorcycle crash. Road rash is severe skin damage when a motorcyclist slides on the ground during an accident.
The insurance company may undervalue your road rash injury pain and suffering. This injury can take months or years to heal in the worst cases. There is a high risk of infection, and you can endure severe emotional and psychological trauma from the injury, scarring, and treatments.
A skilled motorcycle crash attorney has handled many severe road rash injury claims and will work with your doctors to document the severity of the injury. They may retain medical experts to document how such a terrible skin injury can affect you physically and emotionally. This ensures that you will obtain the most compensation for pain and suffering.
Speak To A Motorcycle Accident Attorney Today
Did another person’s negligence cause your motorcycle accident? Are you injured? You should be represented immediately by a motorcycle accident attorney. Your attorney will defend your legal rights and fight for the most compensation for medical expenses, pain and suffering, mental anguish, and lost earnings. Speak to a New Jersey personal injury attorney in your area today.
