Due to their lack of protection while riding, motorcyclists may suffer severe injuries if they become involved in an accident. This is especially true if the force of a collision knocks them off their motorcycle and onto the ground. Injured motorcyclists may suffer bone fractures, traumatic head injuries, and other medical complications that require ongoing medical treatment. Some motorcycle accident victims suffer permanent or even fatal injuries.
The monetary compensation a motorcycle accident victim can recover via a personal injury claim or lawsuit may vary significantly from case to case. Therefore, there is no such thing as an average motorcycle accident payout or settlement.
The compensation that an accident victim recovers for their motorcycle accident injury may range from several hundred dollars to several thousand dollars. However, one of the most important steps you can take toward maximizing your monetary damage award is to retain a skilled San Antonio motorcycle accident lawyer as quickly as possible to represent you.
Your lawyer can immediately enter an appearance in your case, gather Important evidence, and submit a demand package to the insurance company adjuster on your behalf. Your lawyer can then begin to negotiate with the adjuster for a favorable monetary settlement award.
If the insurance company refuses to compensate you fairly, your lawyer may file a lawsuit in the court system for you and litigate your case to a successful resolution. Throughout your case, your attorney can answer your questions and help you make intelligent and informed decisions.
Injuries in a Motorcycle Accident
Unlike drivers and passengers in an enclosed motor vehicle, such as a car or truck, motorcyclists have very little protective covering surrounding them during an accident.
Even when a motorcyclist wears a sturdy helmet, the helmet may protect their head and face after a forceful crash. In that situation, a motorcyclist may suffer a permanent or fatal injury in their accident.
The specific injuries that a motorcycle operator or passenger suffers will depend upon the circumstances surrounding the accident, including the speeds of the involved vehicles, the type of accident that occurs, and how the motorcyclist lands on the ground.
Common injuries may include road rash, significant bruising and scarring, bone fractures, rib fractures, soft tissue muscular contusions, traumatic brain injuries, spinal cord damage, complete and incomplete paralysis, internal organ damage, internal bleeding, and death.
Upon suffering any of these injuries, you need to get the medical treatment that you need right away and that you follow through with all your treatment.
Depending on your injuries, you might need to undergo a medical procedure, for instance, surgery, or attend physical therapy sessions. You might also need to consult with one or more medical specialists about your injuries.
By following through with your medical treatment and refraining from lengthy treatment gaps, you significantly increase your chances of recovering from motorcycle accident injuries. Moreover, you show the insurance company that your injuries are severe and you deserve to recover favorable monetary compensation.
When the insurance company sees that you have taken your injuries and medical treatment seriously, they are more likely to make you a favorable monetary offer to settle your case.
During this time, your motorcycle accident attorney can start handling the legal components of your case, such as gathering important records and preparing a settlement demand package. Once your medical treatment is complete, your lawyer can forward this settlement package to the insurance company adjuster and begin the settlement negotiation process.
Driver Negligence Causes Motorcycle Crashes
When drivers are careless and negligent, they may bring about several types of motorcycle accidents, many of which can leave a motorcycle operator or passenger with severe injuries.
The motorcycle accident that a negligent driver causes will usually depend on the traffic conditions as well as the location of the incident.
Common motorcycle accidents include:
- Broadside or T-bone accidents, where a negligent driver does not yield the right-of-way to a motorcyclist at a traffic intersection or other location, causing the front of their vehicle to strike the side of the motorcycle
- Tailgate or rear-end accidents, where a speeding or reckless driver negligently causes the front of their vehicle to hit the back tire of a motorcycle
- Sideswipe accidents, where the side of another vehicle hits the side of a motorcycle while both vehicles are traveling in the same direction
- Head-on accidents, where the front of a motorcycle and the front of another vehicle strike one another while traveling in opposite directions, usually when a negligent driver inadvertently causes their vehicle to cross a double centerline or median strip.
If you were recently in one of these types of motorcycle accidents that resulted from another driver's reckless behavior, consult a motorcycle accident attorney in your area right away.
Your lawyer can file a claim or lawsuit in your case as quickly as possible and begin negotiating for the fair settlement compensation you deserve.
Proving Liability and Damages in a Motorcycle Accident Case
To recover a favorable monetary settlement or receive a favorable litigation result in your motorcycle accident case, you must first satisfy your legal burden of proof.
In a motorcycle accident claim or lawsuit, the injured motorcyclist has the sole legal burden of proof. Therefore, the at-fault driver does not have to prove anything.
First, the injured motorcyclist must establish that the other driver violated one or more traffic laws, such as speeding or failing to yield the right-of-way to the motorcyclist at the proper time.
Next, the injured cyclist has to show that as a result of this breach, both the motorcycle accident and their injuries happened.
To satisfy this legal burden of proof, your lawyer can retain a medical expert, accident reconstructionist, or another expert to testify in your case.
A medical expert might be willing to state, to a reasonable degree of medical certainty, that your injuries are directly related to the accident. They can also establish that one or more of your injuries are permanent.
An accident reconstructionist, on the other hand, may help you prove fault in your case if the insurance company is challenging liability. A certified accident reconstructionist can visit the motorcycle accident scene, review police reports, talk to eyewitnesses, and draft a report about their findings and conclusions.
The report will typically describe how the motorcycle accident happened and who was likely responsible. An accident reconstructionist might also testify at a discovery deposition or civil jury trial to support your case.
Factors That Affect the Value of a Motorcycle Accident Claim or Lawsuit
Not all motorcycle accident claims and lawsuits have the same monetary value.
In fact, the ultimate value of a motorcycle accident case depends on:
- The limits of insurance coverage that are available
- The nature and extent of the accident victim's injuries and whether or not those injuries are permanent
- The cost of the medical treatment that the accident victim had to undergo following their accident
- Whether the accident victim had to miss time from work due to the injuries they sustained
- The insurance company and adjuster with whom you are dealing
- The jurisdiction and venue where your personal injury claim or lawsuit is pending
- The availability of evidence to support your claim or lawsuit, including favorable medical records
- The availability of experts, including accident reconstructionists and medical experts, to testify as witnesses in your case
Maximizing Your Damage Award After a Motorcycle Accident
In any motorcycle accident claim or lawsuit, your attorney's will maximize the settlement or verdict compensation you receive for your injuries. Your lawyer can do this by pointing to favorable expert reports and medical records that show that your injuries deserve favorable monetary compensation.
First, as part of your claim or lawsuit, you may receive compensation for your medical expenses and lost income or loss of earning capacity. You can also recover monetary damages for your intangible losses, including past and future pain and suffering, loss of spousal consortium, loss of life enjoyment, loss of use of a body part, lifetime or long-term care costs, permanent disfigurement or disability, inconvenience, and mental distress.
Based on the facts and circumstances of your case, your lawyer can ballpark your case's settlement or verdict value so that you have reasonable expectations. Your lawyer can maximize your overall monetary award via settlement or litigation in court.
Contact a Local Motorcycle Accident Attorney About Your Legal Options Today
If you suffered injuries in a motorcycle crash, you must seek the legal help you need as quickly as possible. Accident victims must ordinarily file their personal injury lawsuit within two years of their motorcycle accident date. Otherwise, the court will prevent them from recovering any monetary damages for their injuries.
A skilled motorcycle accident lawyer advocating in your case can file a claim or lawsuit promptly and efficiently pursue a favorable resolution via settlement or litigation.
A personal injury lawyer also provides invaluable peace of mind during a challenging time. They possess experience in navigating complex legal processes, handling negotiations with insurance companies, and building a strong case on your behalf. This allows you to focus on your recovery and well-being, knowing that a skilled advocate is fighting for your rights.
With their experience, they can anticipate potential obstacles and guide you through the entire legal journey. From gathering evidence to representing you in court if necessary, a dedicated motorcycle accident lawyer protects your interests, offering reassurance and support throughout the process.
Seek your free consultation with a trusted attorney near you.