Motorcycle Accident Lawsuits and Settlements

Motorcycle riders are in a unique position on the road. They enjoy the freedom of moving more freely, but they are also exposed to dangers because of their lack of protective barriers. This leaves them more prone to serious injuries in the event of an auto accident.

Motorcycle accidents can result in life-altering consequences. Other than the physical injuries that it may bring, it could also result in mounting medical expenses. You might also have to deal with insurance companies that are trying to minimize your insurance claim with a low settlement offer. If you have been involved in a motorcycle accident, seeking legal advice is often your best option. A car accident attorney can help you with your case. They can help you understand the complexity of these cases and seek the compensation that you deserve.

The Risks of the Road for Motorcycle Riders

Motorcycle riders face serious risks on the road. In 2023 alone, the National Highway Traffic Safety Administration (NHTSA) recorded 6,335 motorcycle fatalities. This number accounts for 15% of all traffic accident deaths that year. Even more concerning is the fact that motorcycle riders are 26 times more likely to suffer a fatal injury in a crash than people riding in a passenger car. These numbers highlight the reality that without protective gear, motorcyclists are far more vulnerable on the road compared to other vehicular accident victims.

Common Causes of Motorcycle Accidents

Learning about the different types of motorcycle accidents can help riders stay more vigilant and reduce the risk of injury. Some of the common causes of motorcycle accidents and the unique problems faced by motorcycle riders on the road include:

Lane Splitting Accidents

Lane splitting is when a motorcyclist rides between lanes of slow-moving or stopped traffic. Lane splitting carries extreme risks as drivers on either side may not anticipate motorcycle movements between lanes. This could result in sudden collisions. Only California allows lane splitting. Its state laws define it as driving the motorcycle between rows of stopped or moving traffic in the same lane.

Arizona, Utah, Montana, Colorado, and Minnesota permit limited lane filtering under specific conditions. Lane filtering occurs when motorcyclists move in between stopped or very slow-moving traffic under certain speed and road conditions. Although Arizona doesn’t use the term lane filtering, the statute allows two-wheeled motorcycles to drive in between lanes of traffic.

Even in states that allow lane splitting, riders should exercise extreme caution. They should stay aware of their surrounding traffic and take care not to exceed the speed limit for traffic safety.

Blind Spot Collisions

Due to their smaller profile, motorcycles are more prone to being hidden in other vehicles’ blind spots. This could lead to a dangerous situation where the driver of the bigger vehicle fails to see the motorcycle rider, particularly during lane changes or merging maneuvers, which could result in a collision.

To mitigate these risks, motorcyclists need to understand their blind spots and avoid staying in them. They should also always use headlights and wear high-visibility clothing. Practicing defensive riding can also contribute to increased safety.

Visual Recognition and Intersection Collisions

In certain instances, such as nighttime or in difficult weather conditions, motorcycles are challenging to spot. They are also harder to spot at intersections, where most biker-versus-vehicle collisions happen. Motorcycles are also prone to left-turn accidents, where a vehicle turning left fails to yield to oncoming traffic.

Road Hazards

Hazards that are minor inconveniences for an automobile can be significant hazards for a motorcycle rider. These include potholes, oil slicks, puddles, debris, or other objects on the roadway. Uneven pavement, gravel on curves, and railroad crossings can also cause motorcyclists to slide and lose control. These types of road conditions pose significant risks to motorcycle riders, especially when riding at higher speeds.

Speed Wobble Accidents

At higher speeds, a motorcycle’s front end may become unstable and begin to shake or wobble. Multiple issues may cause the front wheel or handlebars to wobble. Some of these issues include unbalanced or worn tires, improper tire pressure, misaligned wheels, or loose bearings.

Accidents Caused by Lack of Riding Skills

A motorcycle requires much more skill and physical coordination to operate than a car. A rider’s lack of riding skills could cause an accident. If the motorcycle rider also lacks experience and fails to understand the vehicle’s operating characteristics and limitations, the risk of an accident increases.

Drunk Driving Accidents

Driving while intoxicated significantly increases the risk of accidents for all motorists on the road. However, motorcyclists are particularly vulnerable. According to the data from the NHTSA, driving while impaired by alcohol or a controlled substance is one of the leading causes of fatal motorcycle crashes. Due to a lack of protective barriers, motorcyclists involved in accidents with intoxicated drivers often lose their lives or suffer fatal injuries.

Motorcycle riders should exercise increased precaution while driving during times when drunk driving is more prevalent. This includes certain holidays like the Fourth of July, weekends, and late nights.

Motorcycle Design or Manufacturing Defects

Not all motorcycle accidents result from the rider’s error or other drivers’ negligence. There are also cases where a defect in the motorcycle caused the crash. These can be design or manufacturing defects.

Design defects occur when a motorcycle’s design makes it inherently unsafe, causing a higher risk of an accident. A manufacturing defect occurs when something goes wrong during the assembly process. It can also happen if there is a deviation from the intended design, which renders the motorcycle dangerous. Motorcycle recalls often address defective parts, but some riders suffer injuries before a recall occurs.

Common Injuries in Motorcycle Accidents

Motorcycle accidents often result in severe or life-altering injuries because no barrier protects the riders from external forces. The following are some of the injuries that motorcycle riders or passengers suffer from:

Road Rash and Skin Lacerations

Road rash is one of the most common injuries in motorcycle accidents. This often happens when a rider is thrown from their bike and slides on the road or pavement. The friction causes skin abrasions and lacerations.

Broken Bones and Injuries to the Extremities

Motorcycle riders often suffer fractures and broken bones from accidents. When a rider gets ejected from the motorcycle or pinned beneath it, the impact may cause shattered bones and fractures. Leg injuries are particularly common in motorcycle accidents as the lower extremities often take the force of impact. In most cases, these types of injuries require extensive rehabilitation. It could also prevent the victim from returning to their normal work and routine for extended periods.

Spinal Cord Injuries

Spinal cord injuries are life-altering and can lead to partial or complete paralysis. They happen when there’s trauma to the spinal cord or nerves at the end of the spinal canal. Long-term effects may include loss of sensation, movement, pain, or altered bodily functions. These injuries often need extensive medical treatment and long-term rehabilitation.

Traumatic Brain Injuries (TBIs) in Motorcycle Accidents

TBIs are among the most serious injuries a motorcyclist can sustain. Despite helmet use, a crash’s impact can cause the brain to shift within the skull, leading to injury.

Symptoms include:

• Temporary confusion
• Dizziness
• Blurred vision
• Long-term cognitive problems
• Emotional function changes
• Seizures

These symptoms can surface immediately or gradually. These injuries can impact a person’s quality of life. They might require long-term medical care and rehabilitation.

Wrongful Death Cases Related to Motorcycle Accidents

Surviving family members may be able to recover from an at-fault party in a wrongful death case related to a motorcycle. This lawsuit aims to seek compensation for financial and emotional damages. Appointed representatives of the deceased can file the suit.

Recoverable damages include:

• Loss of companionship
• Medical bills
• Funeral and burial costs
• Loss of future earnings
• The deceased’s pain and suffering before death

Wrongful death cases often involve a complex legal process. Assistance from a wrongful death attorney is helpful when navigating these challenging times. They can help families build a strong wrongful death claim and pursue fair compensation.

Determining Legal Responsibility for a Motorcycle Accident

Like most motor vehicle accident cases, motorcycle accident claims are almost always governed by negligence law. If the rider was partially at fault for the accident, they may be unable to recover damages under contributory negligence. If comparative negligence applies, the damages in a personal injury lawsuit may be based on the amount of each party’s fault. Contributory negligence, where any fault by the plaintiff can bar recovery, applies only in a few jurisdictions, like Alabama, Maryland, North Carolina, Virginia, and the District of Columbia. Most U.S. states follow comparative negligence, allowing recovery reduced by the rider’s percentage of fault.

How Helmets Factor Into Fault Determination

For motorcyclists, helmets play a significant role in the conversation of fault. Helmets drastically reduce the severity of motorcycle accident injuries. Due to this, many states enacted helmet laws that require riders to wear protective headgear. If your state mandates wearing a helmet and you did not comply, this could affect the outcome of your personal injury claim. This is where terms like comparative negligence and comparative fault come in. It means the motorist and the motorcyclist might share blame in the event of an accident.

Whether wearing a helmet affects compensation depends on your state’s laws. In some states, helmet non-use may reduce damages if it contributed to the severity of the injuries. In others, it cannot be used to lower compensation.

The comparative negligence legal principle assesses the fault of each party involved in an accident. Instead of pinning 100% blame on one party, it evaluates the responsibility of all parties. In this example, if the motorcyclist files for a $100,000 claim in damages but is 30% at fault, they may recover $70,000. The concept of comparative fault is important because it can affect any compensation awarded after an accident.

How To Handle Property Damage in a Motorcycle Accident

When you encounter property damage in a motorcycle accident, take the time to compile detailed documentation. Photograph the damage from various angles, including details of the accident scene. Make sure to include other damaged items like motorcycle helmets or gear. Get a comprehensive repair quote from a trusted motorcycle mechanic.

This documentation aids in reinforcing your insurance claim or potential legal proceedings. It’s about being compensated for your loss, not just replacing your property.

Average Payouts for a Motorcycle Accident

There’s no single answer when it comes to how much a motorcycle accident settlement might be. Damages range from a few thousand to hundreds of thousands of dollars, depending on the circumstances of each case. Although the average motorcycle accident settlement varies, it is helpful to understand the factors that could affect the settlement amount. This is important in arriving at realistic expectations when filing a claim.

Factors that influence settlement amounts include:

• The medical expenses: Both past and future medical expenses impact the amount of settlement value, including rehabilitation, medications, and ongoing therapy
• Severity of injuries: In cases that involve severe injuries or result in disability, it often results in a higher settlement amount
• Lost wages and earning capacity: If the injury you suffered prevents you from working temporarily or permanently, you can also seek compensation for lost income or diminished earning capacity in the future
• Pain and suffering: You can also seek compensation for non-economic damages such as emotional distress, loss of enjoyment of life, and psychological trauma
• Property damage: The settlement amount often includes the costs for motorcycle repairs or replacement
• Insurance policy: Most insurance policies will have a cap on the settlement amount you can recover, known as policy limits

Due to the complexity of each case and the various factors that affect the amount of the insurance claim, consulting with a motorcycle accident attorney is a good idea. They can help evaluate the settlement amount you deserve and ensure all damages you suffered are accounted for.

How Long Does It Take To Get a Settlement From a Motorcycle Accident?

The time it takes to reach a motorcycle settlement claim depends on multiple variables. Simple cases where there is a clear liability on who is the at-fault driver and the case only involves minor injuries can be resolved within a few months. Complex cases that involve multiple parties, severe injuries, or disputes as to who is at fault could take years to be settled. Keep in mind that there is a statute of limitations setting the deadline for filing a motorcycle accident case. Make sure you file any claims before they expire.

Key factors affecting settlement timelines include:

• Complexity of investigation: It takes time to gather all the necessary evidence. For instance, you have to interview witnesses, obtain police reports, and consult expert witnesses, particularly in complex accidents.
• Completion of medical treatment: In most cases, insurance companies will not finalize the settlement amount until your doctor determines that you have reached the maximum medical improvement. This ensures that you account for the damages you sustain, including future medical costs.
• Negotiation process: Reaching a fair settlement takes time. Your attorney and insurance adjuster may need to talk back and forth for several months to negotiate the value of your claim.
• Litigation: If negotiation fails, your case might need to proceed to a lawsuit. When this happens, the timeline to settle the case would significantly extend. The litigation would involve discovery, filing deposition and motions, and working around the court’s schedule, all of which take time. Legal representation is helpful in building a strong case.

How Motorcycle Accident Lawyers or Personal Injury Attorneys Can Help

Attorneys are professionals who are well-versed in state laws. They can counter the insurance company’s arguments by pointing out nuances in the law that the average person might not be aware of.

A lawyer can gather evidence to show that the lack of a helmet might not have significantly changed the outcome. This could be through medical expert testimonies or by comparing your injuries to similar cases in which the victims wore helmets.

Lawyers also have experience negotiating with insurance companies. They can handle discussions more effectively than you, ensuring you get a fair settlement. If negotiations don’t conclude satisfactorily, an attorney can represent you in court. They can use their experience to build a strong case and argue on your behalf.

While the focus might initially be on helmet use, a skilled motorcycle accident attorney can shift the focus to other aspects of the accident, such as personal injury cases or insurance coverage claims. They could also examine the angle of the manufacturing defect.

Seek Legal Advice From a Motorcycle Accident Attorney

Motorcycle accidents often result in severe and life-altering injuries. If you or your loved one has been injured in a motorcycle accident, consider seeking legal representation. Following the accident, you might be facing processing claims with insurance companies or filing a case against the driver at fault. Having legal guidance will be a tremendous help.

An experienced personal injury or motorcycle accident attorney has been through this process numerous times. They can help you navigate the complex legal landscape and help you understand the steps you have to take to ensure that you receive fair compensation. Most personal injury lawyers and car accident lawyers offer a free case evaluation.