Motorcycle Accident Lawyer
Motorcycle accidents are a leading cause of death and injury in the United States. Every year, thousands of people are killed or injured in motorcycle accidents.
There are many causes of motorcycle accidents, but some of the most common include distracted driving, drunk driving, and speeding. Motorcycle riders are especially vulnerable to severe injuries in an accident, including brain injuries, spinal cord damage, and broken bones.
Accidents involving a motorcycle can even result in catastrophic injuries or death. And while many people think that only reckless motorcyclists are at risk, the truth is that any motorist can be involved in a motorcycle accident.
The Injury Lawyer Team, sponsored by Rosenfeld Law Offices, our experienced motorcycle accident lawyers who can help you if you or a loved one has been involved in a motorcycle accident. Were you involved in a serious accident? Contact us today for a free case evaluation.
Our motorcycle accident attorneys understand the unique challenges that motorcyclists face after an accident, and we know how to get the compensation you deserve. You don’t have to advance any legal fees, as we work on a contingency fee basis. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
Motorcycle Accident Statistics in the United States
According to the National Highway Traffic Safety Administration (NHTSA), there were 4,976 people killed in accidents involving a motorcycle in the United States in 2020. It demonstrates 5.1% of the 4,594 people killed in motorcycle accidents in 2019.
In addition, there were 88,000 people injured in motorcycle accidents in 2020, which showed an increase of 5.5% from the 83,500 people injured in 2015.
The National Safety Council (NSC) says accidents involving a motorcycle are often more serious than other types. It is because motorcycle riders are not as well protected as drivers and passengers in cars. In addition, motorcycles can be difficult to see, leading to drivers hitting motorcyclists.
How Motorcycle Accidents Differ from Car Collisions
There are several reasons why accidents involving a motorcycle tend to be more deadly than car crashes. For one, motorcycles offer far less protection than cars in the event of a collision.
Motorcycle riders also tend to be more challenging to see, especially at night or in bad weather. And finally, car drivers are often not expecting to see a motorcycle on the road, which can lead to dangerous situations.
A recent study by the National Highway Traffic Safety Administration (NHTSA) found that distracted driving is a factor in nearly 10 percent of all fatal motorcycle accidents. Moreover, the NHTSA estimates almost 30 motorcycle fatalities for every car accident. It makes motorcycle riders far more likely to be killed in an accident than car occupants.
Those Most At Risk of a Motorcycle Accident
The risks of a motorcycle accident are many and varied. The most vulnerable road users are, of course, the motorcycle rider himself. Other motorists and passenger vehicles may not see them or underestimate their speed and power, leading to severe accidents.
In addition to other motorists, motorcyclists can also be injured in crashes with pedestrians, animals, or fixed objects like guardrails. Riders can also cause more serious injuries in collisions with other motorcycles.
Despite the inherent risks, motorcycling is a popular mode of transportation and recreation. Millions of people enjoy riding motorcycles yearly, and many ride as passengers. But with those risks come rewards – the wind in your hair, the sun on your face, and the feeling of freedom from being one with the machine.
Common Types of Motorcycle Accidents
Most motorcycle riders are not the stereotypical “biker” driving recklessly and causing accidents. Instead, these motorcycles face many hazards while on the road.
According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riding is one of the most dangerous modes of transportation with a higher fatality rate. Bikers often lack the protection to avoid catastrophic injury.
Despite these dangers, however, millions of Americans choose to ride motorcycles every year to and from work, for recreation, and to enjoy the great outdoors.
Not all accidents that involve a motorcycle occur from catastrophic high-speed collisions. Data shows that only a tiny percentage of crashes leading to the motorcyclist’s serious injuries or fatality is caused by the biker.
The most common types of accidents involving a motorcycle include:
- Head-on collisions typically occur when a car or truck turns into the path of an oncoming motorcycle. Head-on crashes are almost always fatal for the motorcyclist.
- Sideswipe accidents usually happen when a car changes lanes into the path of a motorcycle. The biker can be knocked off balance and forced into oncoming traffic or off the road entirely.
- Rear-end collisions often occur when a driver does not see a stopped or slow motorcycle and rear-ends the bike. These accidents can cause serious injury to the spine, neck, and head.
- Left turn accidents these crashes happen when a car making a left turn fails to yield to an oncoming motorcycle. These are some of the deadliest types of motorcycle crash cases.
- Road hazards include potholes, debris, oil slicks, and other obstacles that can cause a motorcycle to lose control. Road hazards are often the cause of single-vehicle accidents.
- Lane-switching motorcycle accident is one of the most common types of crashes. They typically occur when a car changes lanes into the path of an oncoming motorcycle. The biker can be knocked off balance and forced into oncoming traffic or off the road entirely.
The Common Causes Of Motorcycle Accidents
For most people, motorcycles are a mode of transportation that is thrilling and fun. However, for victims who have been injured in a motorcycle accident, the experience can be life-changing.
Motorcyclists must remain aware of the many dangers that come with riding. Not only do they have to worry about other cars on the road, but they also need to be aware of potential hazards like uneven surfaces and potholes.
Despite being so careful, accidents can still happen. The most common causes of motorcycle crashes involve:
A distracted driver not paying attention to the road can cause catastrophic collisions, and is a significant problem on today’s roads and is often deadly. Distraction can happen when texting, talking on the phone or daydreaming.
Motorcycle riders are particularly vulnerable to distracted drivers because they are much smaller than other vehicles on the road, making it harder for drivers to see them and more likely to be involved in a motorcycle accident.
When a driver is speeding, they have less time to react to hazards on the road. Driving too fast for the road conditions can lead to severe accidents, especially if the driver is speeding through a turn or intersection.
Driving faster than the posted speed limits is often a factor in motorcycle accidents because it makes it harder for the driver to see the motorcycle and makes it more difficult for the motorcyclist to control their bike.
Driving Under The Influence
Driving under the influence of drugs or alcohol is never a good idea. Not only is it illegal, but it’s also perilous. If caught driving under the influence, you could face serious penalties like jail time, a suspended license, and heavy fines. It is paramount to seek legal counsel if this has happened to you.
In addition to the legal penalties, driving under the influence can lead to severe accidents. It is especially true if you are driving a motorcycle, which can be tricky to control even when sober.
Poor Road Conditions
Potholes, construction, and debris on the road can all lead to severe accidents. Motorcyclists are particularly vulnerable to these hazards because they can cause the bike to lose control.
Stormy weather, ice, snow buildup, fog, and high winds make it difficult to see and control a motorcycle. These conditions can lead to severe accidents, especially if the driver is unfamiliar with the area.
Driving aggressively, erratically, or recklessly could lead to an accident. This type of driving can intimidate other drivers and put everyone on the road at risk.
If drivers are angry, they may take it out on other motorists by tailgating, cutting them off, or even purposely crashing into them.
According to data, road rage is rising, becoming a severe problem on our roads. Road rage can lead to serious motorcycle and car accidents and fatalities.
If you are involved in a road rage incident, staying calm and avoiding escalating the situation is essential. If possible, try to get away from the other driver and call the police.
A motorist making a left-hand turn while approaching a motorcyclist is one of the most common types of accidents.
It is because the driver may not see the motorcycle, or they may misjudge the speed and distance of the oncoming bike. As a result, the driver may turn into the motorcycle’s path, causing a severe collision.
Accidents involving left-hand turns are hazardous because they often result in head-on collisions. These accidents can be fatal for both the motorcyclist and the driver.
Motorcycle Lane Splitting
Motorcyclists who split lanes in slow traffic put themselves at risk of being hit by a car. It is because the driver may not see the motorcycle, or they may misjudge the distance between the motorcycle and their vehicle.
Lane splitting is illegal in most states, and it’s also dangerous. You could be seriously injured if involved in a lane-splitting accident.
Riding Without a License
To legally operate a motorcycle, you must have a valid driver’s license. You could be fined or even arrested if caught riding without a license.
Riding without a license is also dangerous because you are unfamiliar with the traffic laws. It could lead to severe accidents.
Common Motorcycle Accident Injuries
When you’re driving a car, you have the protection of the vehicle’s interior. When you’re on a motorcycle, you’re completely exposed.
That’s why motorcycle accidents can be so dangerous – even fatal. According to the National Highway Traffic Safety Administration, motorcyclists are about 26 times more likely to die in a crash than drivers and passengers in cars.
But that doesn’t mean you can’t stay safe while riding your bike. By understanding the most common types of injuries that occur in motorcycle accidents, you can take steps to protect yourself and reduce your risk of injury.
The most common motorcycle accident injuries include:
- Traumatic brain injury – Even individuals wearing a DOT-approved motorcycle helmet can suffer catastrophic traumatic brain injuries. However, a fatal brain injury risk is much higher without a helmet.
- Spinal cord injuries – The violent nature of motorcycle accidents can lead to severe damage to your spinal cord, including paralysis.
- Broken bones are also common in motorcycle accidents. Often, these injuries require surgery and lengthy medical treatment.
- Other injuries – In addition to the above damages, motorcycle accidents can cause internal bleeding, road rash, and other catastrophic injuries.
What You Should Do After A Motorcycle Crash
If you are a motorcycle accident victim, knowing what to do and taking the necessary steps to protect your health and legal rights is essential. Make sure you contact us for a free consultation on your case.
The following guide could help you recover from your accident and pursue compensation that may be available to you.
Check to See If You Are Alright
Assess your health to identify mild to severe injuries: In the first few moments following an accident, your adrenaline is likely racing through your bloodstream, masking the extent of your injuries. Even so, it is crucial to understand that you may be more hurt than you realize.
Assess Other Accident Victims
Assess the condition of anyone else involved in the crash: see if anyone else requires immediate medical attention.
Ensure Your Safety
If possible, move out of the roadway to avoid additional harm should someone be unaware of what happened when reaching the accident site.
Call to Report What Occurred
Call 911 to report the accident and ask that emergency medical technicians be sent to the accident scene even if you suspect that your injuries are minor. Only a competent doctor with the best diagnostic tools can accurately determine the extent of your injuries and your need for emergent medical care.
Do Not Admit Fault for the Crash
Wait to give your report to law enforcement at the scene: Tell the police officer, deputy, or other law enforcement agent that you will provide your account of what happened after you receive medical care.
Never admit your responsibility for causing the crash without first talking to a personal injury lawyer who can protect your rights and provide adequate legal counsel. You could be unaware of any extenuating circumstances that led to the crash without an investigation. You can contact us immediately for a free consultation on how to proceed.
Get the Name and Contact Information of All Witnesses to the Accident
Witness testimony could be essential to you later should you decide to take legal action against the at-fault driver.
Do Not Speak with the At-Fault Driver’s Insurance Company Until You Talk with an Attorney
You could inadvertently say something used against you later by an insurance company adjuster who works for the at-fault driver. It is always best practice not to give a recorded or written statement without first consulting with a motorcycle accident attorney.
An experienced motorcycle accident lawyer will know how to deal with motorcycle insurance companies and their representatives so that you can focus on healing.
Seek Medical Care as Soon as Possible After an Accident
You could have suffered injuries that are not yet apparent. A doctor must examine the victim as soon as possible following an accident.
Not only will this allow you to get the treatment you need, but it will also create a medical record linking your injuries to the crash, which will be useful if you decide to collect from the insurance company or make a motorcycle accident case with your accident lawyer.
Some injuries may not manifest symptoms for days or weeks following an accident. By seeking medical care immediately, you can ensure you get the treatment you need and document your injuries for future legal action.
Keep All Documentation Related to Your Injuries and Treatment
It includes everything from medical bills and prescriptions to pay stubs documenting lost wages while you recover from your injuries. The documentation will be essential if you file a motorcycle accident claim against the at-fault driver.
Consult with Experienced Motorcycle Accident Lawyers before Talking to the Insurance Company
Only you can decide whether or not to take legal action following a motorcycle accident. However, it is essential to understand that you have a limited time to file a personal injury lawsuit.
Additionally, the personal injury lawyers for the at-fault driver’s insurance company will likely be working hard to devalue your claim or deny it outright. Having a free consultation with an experienced motorcycle accident lawyer will give you the best chance of obtaining the total and fair compensation you are entitled to under the law.
At Injury Lawyer Team, our experienced motorcycle accident lawyers have a proven track record of success in obtaining compensation for our clients in motorcycle accident claims. We will fight tirelessly to ensure that you are fully compensated for your injuries, including lost wages, medical bills, pain and suffering, and property damage.
Staying Safe to avoid a Motorcycle Collision
Every motorcycle rider must remain aware of how to stay protected when sharing the road with larger vehicles like trucks and passenger cars. Below are some key points to remember:
- Motorcyclists have the right to take the entire lane when riding. It is crucial when sharing the road with larger vehicles, as they often have a much wider turning radius and can easily take up the entire lane.
- Bikers should always use turn signals when changing lanes and check for oncoming traffic before making any turns.
- Riders should be aware of the Blind Spot Syndrome that the average person driving a truck often experience. Trucks have large blind spots on either side of their vehicle, and motorcyclists must stay out of these areas.
Statute Of Limitations For Filing Motorcycle Accident Insurance Claims
The statute of limitations restricts the time a victim has to file a motorcycle accident claim with the insurance company. It can be a significant issue for those who are dealing with serious injuries, as they may not be able to fully recover within the set timeframe.
In some cases, victims may be unable to return to work, making it challenging to gather the necessary documentation and evidence for a successful motorcycle accident case.
Every state has a different statute of limitations for filing a motorcycle accident insurance claim. The average length of time is usually around two years, but it can vary depending on the severity of the injuries.
It may seem like plenty of time, but it can be difficult for those dealing with serious injuries to gather all of the necessary evidence and documentation promptly to contact the insurance company. Getting your motorcycle accident case filed within the set timeframe can be even more challenging if you cannot return to work because of your injuries.
Recovering From a Motorcycle Accident
The time it takes to recover from a motorcycle accident depends on the severity of the injuries. However, in general, some steps that may be involved in making a medical recovery from a motorcycle accident include:
- Seek medical attention as soon as possible after the accident. It is essential to ensure that any injuries sustained are adequately treated.
- Follow your doctor’s instructions closely and take all prescribed medications.
- Participate in physical therapy (if necessary) to regain strength and mobility.
- Take time to rest and allow your body to heal by taking a break from work or other activities until you fully recover.
- Keep a positive attitude and be patient throughout the process. It can take time to make a full recovery from a motorcycle accident, but with hard work and determination, it is possible to achieve success.
Motorcycle Crashes and Recovering Compensation
It is crucial to seek legal guidance from a motorcycle accident lawyer before filing a claim against the insurance carrier, especially if you have suffered broken bones or more severe injuries in the crash.
Most motorcycle accidents are due to the negligence of another driver. Still, in some cases, there may be other liable parties, such as the vehicle’s owner or the manufacturer of a defective motorcycle part.
The person at fault for causing the accident is responsible for paying all damages to the victims, including:
- Costly medical bills
- Property damage
- Lost income
- Temporary or permanent disability benefits
- Expenses related to rehabilitation, therapy, and future surgeries
- Non-economic damages, including pain and suffering
- Fees that your motorcycle accident lawyer may have incurred filing the legal or insurance company claim
Most motorcycle accident cases are resolved in less than a year. In some cases, the motorcycle accident attorney representing motorcycle accident victims will hire accident reconstructionists to identify the at-fault party to prove their case.
Statistics reveal that over 95% of motorcycle accident claims are resolved through negotiated settlements. Our experienced motorcycle accident attorneys can help you receive a fair compensation or jury award to resolve your case.
Contact a specialized motorcycle accident lawyer from our law firm for a free consultation on your case.
Building and Resolving a Motorcycle Accident Case
Motorcycle accident cases can be difficult to resolve, but with the help of a specialized motorcycle accident lawyer, you can hold the at-fault party financially accountable for damages. To build a strong case, your motorcycle accident lawyer will need to collect evidence from the scene of the accident, including photos of the damage done to both vehicles.
They will also need to speak with witnesses, obtain police reports, and talk to the insurance company. If you have suffered any injuries in the accident, your lawyer will need to gather medical records and documentation of your losses.
This evidence will help to prove that the other driver was at fault and should be held responsible for your damages. The best motorcycle accident lawyer will prove the four elements of civil tort law, including:
- The at-fault party owed a duty of care to the motorcycle accident victim to ensure their safety
- The responsible party breached that duty
- The breach lead to the motorcycle accident victims’ damages, including injuries and fatalities
- The damages can be proved in a court of law.
When a Motorcycle Accident Leads to Wrongful Death
Surviving family members who lost a loved one in a motorcycle crash have numerous remedies through the legal process to seek compensation. Many of these cases are built on the at-fault party’s negligence that led to the motorcycle/auto accident.
Qualifying family members who can recover compensation usually include a spouse, child, grandchild, parent, grandparent, siblings, and others. A personal injury lawyer from the Injury Lawyer Team can assist you in filing a claim.
An experienced motorcycle accident attorney will likely build the case by filing a civil lawsuit, citing wrongful death. Through legal recourse, the family can resolve their personal injury claim to obtain compensation for all damages, including:
- Funeral and burial costs
- Future lost earnings
- Lost financial benefits
- Lost familial support
- The loved one’s pain and suffering before dying
- The family’s grief, pain, suffering, and emotional trauma of losing a loved one
Negotiating a Fair Settlement
Many motorcycle accidents leave victims with lifelong disabilities that require years of monetary assistance.
The injured party must often seek financial compensation through a motorcycle accident claim or civil lawsuit to ensure they have adequate funds to last a lifetime.
Our legal team understands how to negotiate a fair settlement with the defendant’s insurance company. We are familiar with laws regarding motorcycle accidents and can help our clients get the compensation they deserve.
The victims often cannot go to work because of their injuries. A motorcycle accident lawyer from our team can ensure that you receive additional compensation for lost wages and ongoing medical treatment paid by the motorcycle insurance company.
Should you and the defendant not reach a negotiated settlement agreement, our personal injury lawyers will file a lawsuit to take the case to trial. Contact our law firm for a free consultation on your case.
Hire a Motorcycle Accident Lawyer to Seek Compensation Following a Motorcycle/Car Accident
Were you, or your loved one, involved in a motorcycle accident? Are you ready to file a motorcycle accident claim or lawsuit seeking compensation from those responsible for your damages?
Our attorneys can file a motorcycle accident lawsuit on your behalf. We have years of experience representing injured motorcyclists and drivers hurt in a motorcycle/car accident. Contact us today for a free consultation on your case.
We accept all personal injury cases on a contingency fee agreement, which ensures you pay nothing until your motorcycle accident lawyer resolves your claim through a negotiated settlement or jury award.
Contact us today for a free case evaluation. Let our motorcycle lawyers at the Injury Lawyer Team sponsored by Rosenfeld Law offices, discuss how to pursue compensation.