Should I Get a Lawyer for a Motorcycle Accident?

by Paula A. Wyatt | November 9, 2023 | Auto Accidents, Blog | 0 comments

Should I Get a Lawyer for a Motorcycle Accident?

When other people drive carelessly and irresponsibly, they may negligently strike a motorcycle. When that happens, the motorcyclist may lose their balance, fall, and suffer disabling and sometimes permanent injuries.

These injuries usually occur because, unlike occupants of cars and trucks, motorcyclists do not have an outer barrier between themselves and the ground and they may suffer severe injuries.

A man in a white shirt holds a black notebook displaying the words "Motorcycle Accidents" in white chalk-like writing.

If you suffered injuries in a recent motorcycle crash that another driver caused, seek the legal help you need as quickly as possible. A knowledgeable San Antonio motorcycle accident attorney can promptly investigate your accident circumstances and explore all your legal options.

Your lawyer can also file a personal injury claim on your behalf, usually with the at-fault driver's insurance company, and aggressively negotiate for fair settlement compensation in your case. If the insurance company refuses to pay sufficient compensation, you can file a lawsuit and litigate your case to an efficient resolution through your attorney.

Your attorney will answer your legal questions and aggressively advocate for your legal rights and interests.

Why Do Motorcycle Accidents Happen?

Motorcycle accidents, unfortunately, occur when other people drive carelessly and recklessly. For example, in some situations, another driver may cause an accident if they fail to follow standard traffic laws or otherwise drive distracted or careless.

Common road-rule violations that typically lead to motorcycle accidents include:

  • Exceeding the posted speed limit.
  • Tailgating motorcyclists.
  • Failing to use turn signals when switching lanes.
  • Failing to use rearview and side view mirrors, especially in parking lots and garages.

Aggressive driving maneuvers are common when drivers try to move ahead of other traffic. For example, to get ahead of a motorcyclist, a driver might tailgate the cyclist, attempt to pass them in a no-passing zone, cut them off in traffic, or speed around them.

Unfortunately, these aggressive driving maneuvers may inadvertently cause an accident, leaving the motorcyclist injured and, in some cases, dead.

A motorcycle crash may also happen when another driver exhibits road rage. Road rage occurs when aggressive driving escalates to threatening and intentional conduct by a driver toward a motorcyclist.

Additionally, motorcycle accidents may happen when other people drive while distracted. A distracted driver might fail to notice a motorcyclist nearby because they adjust the sound system, text on a cell phone, program a GPS navigation system, comb their hair, apply makeup, or pay attention to vehicle passengers.

These activities may cause a driver to lose physical and mental focus on the road, frequently bringing about a motorcycle crash.

Finally, some motorcycle collisions are the direct result of intoxicated driving. A passenger vehicle driver is legally under the influence of alcohol if their blood alcohol concentration, or BAC, measures at least 0.08 percent while behind the wheel. The law criminalizes drunk driving because drunk drivers are frequently unable to drive carefully and safely, especially in motorcycle traffic.

An intoxicated driver might experience blurred vision, which prevents them from seeing a motorcycle that is low to the ground. Additionally, an impaired driver may lose focus on the road, experience dizziness and lack of coordination, and suffer from impaired reflexes.

As a result, even if a drunk driver sees a motorcyclist in the vicinity, they might not stop their vehicle in time to avoid a crash.

You are not alone if you recently sustained injuries in a motorcycle collision that another driver caused. Consult a motorcycle accident attorney in your area as quickly as possible to review your legal options and develop a solid action plan for your case. Your lawyer can then file a personal injury claim with the insurance company on your behalf and aggressively negotiate for the favorable settlement compensation you deserve.

Common Motorcycle Crash Injuries

In many motorcycle accidents, riders lose their balance and fall to the ground, suffering severe injuries. Although a sturdy, well-constructed motorcycle helmet may help to absorb some of the blow, the rest of the rider's body is likely unprotected.

If they strike the ground, they may suffer debilitating injuries. In some situations, a motorcyclist will suffer permanent injuries, which may result in intense pain and suffering for the rest of their life.

The specific injuries that a cyclist suffers in an accident will depend upon various factors, including whether or not they are wearing a motorcycle helmet at the time of their accident, the number of vehicles involved, the type of accident that occurs, the force of the collisions, and how the cyclist strikes the ground during the collision.

Some of the most common injuries that motorcycle accident victims sustain include soft tissue injuries, broken bones, rib fractures, mouth and teeth injuries, traumatic head and brain injuries (especially if they are not wearing a helmet at the time of the accident), internal bleeding, internal organ damage, spinal cord injuries, complete and incomplete paralysis injuries, road rash injuries, facial contusions, bruises, and death.

If you suffered any of these injuries in a recent motorcycle accident, consult with a medical provider regularly and complete all your medical treatment.

For example, you may need to undergo X-rays, MRIs, and surgeries. After undergoing a medical procedure, you might need to follow up with a physical therapist or medical specialist for ongoing consultations.

Treating your injuries continuously increases your chances of making a full medical recovery and obtaining fair and reasonable compensation for all your accident-related injuries.

Insurance company representatives frequently become skeptical when motorcycle accident victims discharge themselves from medical care or otherwise do not complete their treatment. For example, they may not believe that the accident victim suffered a severe injury or think they may suffer from preexisting injuries.

While you focus on recovering from your motorcycle accident injuries, your attorney can begin gathering police reports, medical records, medical bills, and other documents to support your case.

Upon completing your medical treatment, your lawyer may submit these documents to the insurance company on your behalf and begin negotiating a fair settlement offer from the settlement adjuster handling your case.

Motorcycle Accident Categories

When other people drive carelessly, negligently, or distractedly, they may bring about several types of motorcycle accidents.

Common examples of motorcycle collisions include:

  • Tailgate accidents, where the front of another vehicle strikes the rear tire of a motorcycle
  • Head-on collision, where the front of another vehicle strikes the front of a motorcycle that is traveling in an opposing lane
  • Sideswipe accidents, where another vehicle brushes up against the side of a motorcycle, pushing the motorcycle out of its travel lane
  • Broadside accidents, where the front of another vehicle hits the side of a motorcycle traveling on an intersecting highway or roadway.

Upon suffering injuries in any motorcycle accident, your lawyer can present a claim to the insurance company and fight for your right to fair and reasonable monetary compensation.

Qualities of a Good Motorcycle Crash Attorney

If you recently sustained injuries in a motorcycle crash, you want the best possible lawyer and legal team on board in your case as quickly as possible.

A good motorcycle crash attorney regularly settles, but more importantly, litigates motorcycle accident claims regularly — or as a majority of their personal injury practice.

Ideally, you want a lawyer who regularly takes motorcycle accident cases to civil jury trials, mediation hearings, and binding arbitration proceedings. Insurance companies are more likely to offer these attorneys favorable settlement compensation from the get-go rather than pursuing a lengthy litigation process.

Additionally, you want a motorcycle accident lawyer with a strong track record of success and who has profitably resolved cases on behalf of their clients. Many attorney websites will include information about recent settlements and jury verdicts they have obtained for their clients.

Finally, you want a motorcycle accident lawyer with a clean, ethical record. You can check your state bar association's website or look up independent client reviews for more information about an attorney.

How a Qualified Motorcycle Accident Lawyer Can Streamline Your Case

A knowledgeable attorney can be extremely helpful when it comes to a motorcycle accident claim or lawsuit. Specifically, a motorcycle accident lawyer in your area can investigate your accident circumstances and gather the documents necessary to file a successful personal injury claim.

Those documents may include copies of police investigation reports, medical bills, medical treatment records, lost-wage documents from an employer, property damage photographs, injury photographs, and video footage of the accident or accident scene.

Additionally, a motorcycle accident lawyer can present your claim to the at-fault driver's insurance company and handle all settlement negotiations for you. Settlement negotiations typically proceed back and forth, with the accident victim's lawyer making an initial demand, the insurance company adjuster making an offer, and so on, until the parties either reach an impasse or settle their case.

If the case does not resolve in negotiations, your motorcycle accident attorney can file a lawsuit and litigate your case.

If your legal matter does not resolve during litigation, your lawyer may represent you at a civil jury trial or alternative dispute resolution (ADR) proceeding, for example, binding arbitration or mediation.

At a jury trial, your lawyer can introduce evidence on your behalf, call individuals to testify on the witness stand, and make a closing argument in support of your case. A jury will then decide the amount of monetary compensation to award you for your motorcycle accident injuries.

At a binding arbitration hearing, a pre-selected, third-party arbitrator will listen to you, evaluate the evidence in your case, and decide how much monetary compensation to award you for your injuries.

Recoverable Monetary Damages Following a Motorcycle Accident Crash 

After sustaining injuries in a recent motorcycle crash, you may receive various types and amounts of monetary damages based on your accident circumstances, the overall severity of your injuries, and the total cost of your medical treatment.

First, you might receive compensation for your past and anticipated medical costs, including the cost of medical appointments, physical therapy sessions, and medical procedures.

Additionally, if you had to miss time from work after your accident, you can recover compensation for your loss of earnings or for loss of earning capacity if you had to switch to a job that pays you less.

Additionally, you may recover monetary damages for your intangible losses. These non-economic damages may include compensation for past and future pain and suffering, loss of the ability to use a body part, lost quality of life, loss of spousal companionship and consortium, inconvenience, mental distress, permanent disfigurement or disability, and lifetime care costs.

Suppose you suffered a permanent injury in your motorcycle accident. In that case, your motorcycle accident attorney can develop realistic expectations for your case so that you can anticipate the types and amount of monetary compensation you can recover for your injuries.

If you recently suffered injuries in a motorcycle collision, seek legal help immediately. According to the state statute of limitations, accident victims have only a limited amount of time to file a personal injury lawsuit seeking monetary damages.

Paula A. Wyatt, motorcycle accident attorney in San Antonio at Wyatt Law Firm.
San Antonio Motorcycle Accident Lawyer, Paula A. Wyatt

A skilled personal injury lawyer can begin working on your case right away, file the appropriate claim or lawsuit on your behalf, and work to maximize your overall monetary damage award.

Even if you wonder whether you can handle your claim alone, always consult with a lawyer first. Case evaluations are free, and they can advise you on the general claim process. This may shed light on the challenges of obtaining compensation without the proper representation.


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