Recovery of damages following a motorcycle accident can be challenging since insurance companies frequently try to skirt coverage requirements and refuse to pay out personal injury claims on behalf of the negligent party. When injured parties are aware of their legal choices, they can obtain the compensation they are due. For more information about this article read further for more uses and benefits.
Despite making up a small portion of all vehicle sales, motorcycle accidents account for a considerable portion of all fatal traffic crashes in the US. Even when a motorcycle accident is not deadly, the effects on a person’s health and welfare can be severe.
After a motorbike accident, obtaining damages compensation might be challenging process, as insurance companies may frequently try to circumvent coverage requirements and refuse to pay out compensation for personal injuries on behalf of the party at blame.
One of the first things you should do if you or a loved one has been in a motorbike accident is to get in touch with a motorcycle accident lawyer. Our legal team at Florin|Roebig has specialised knowledge in assisting motorcyclists in obtaining compensation through a careful investigation and negotiation procedure.
Our attorneys can assist you in filing a claim with the appropriate insurance provider to collect motorcycle injury and accident-related damages by obtaining information about your case.
When To File A Motorcycle Accident Claim
Motorcycle accidents can have a variety of negative effects, including property damage, mental suffering, severe or permanent injury, and even death.
These monetary, physical, and psychological losses can add up quickly and have a negative impact on those who are still healing after a traumatic accident.
The astronomical out-of-pocket costs associated with a motorcycle accident injury can be extremely difficult for many Americans to pay for because they frequently live paycheck to paycheck or have other financial hardships.
Although costs associated with a motorbike accident can differ, they may consist of:
- financial: transportation costs for medical care, hospital stays and other medical bills, costs for fixing or replacing bikes, and lost pay
- Physical: severe injuries needing long-term care and rehabilitation, limb loss, deformity, paralysis, and severe brain trauma
- psychological: Costs of pain and suffering lead to mental misery
Injured motorcycle riders who want to obtain financial compensation for their losses may find that filing a motorcycle accident claim is an appropriate course of action.
The injured rider or a loved one may file a motorcycle accident claim on their behalf. In the latter scenario, a claim could be made to obtain compensation for a loved one who had serious injuries or died as a result of the accident.
It can be devastating to lose a loved one in a motorbike accident, but you may be entitled to compensation under the theory of wrongful death. You will require legal assistance to demonstrate that another party’s negligence directly caused your loved one’s wrongful death in order to pursue compensation.
In motorcycle accident wrongful death lawsuits, at-fault parties may mention:
- The motorcycle manufacturer was blamed for the tragedy together with another motorist (in the case that the accident was caused by defective bike parts, i.e. becoming a product liability case)
- A thorough investigation of the accident and the party at fault can yield data that proves the other party was negligent in a wrongful death or product liability claim.
Understanding Personal Injury Claims Following Motorcycle Accidents
If you’re attempting to negotiate the laws of your case alone, it might be difficult to understand your claims in the event of a motorbike accident.
Regarding motorbike personal injury lawsuits, your eligibility for financial recompense is the most crucial concept to comprehend. Whether or if you are held accountable for the accident can have an impact.
In several places, including Florida, motorcycle riders must demonstrate that another driver’s carelessness or recklessness was the cause of their injuries in order to be entitled to recoverable damages.
In these situations, another driver might be held accountable if they were:
- driving while texting
- driving while intoxicated
- driving while speeding or not observing traffic signals or indicators
- Distractions of any kind
In terms of what a biker needs demonstrate in order to obtain compensation connected to an accident, local and state rules can vary. Even if you are found to be partially responsible for the accident, depending on where you live, you might be able to pursue legal action.
In motorcycle accident lawsuits, typical damages sought after and granted include:
- payment for medical travel and treatment expenses
- motorbike replacement or repair costs lost wages
- Costs of suffering include
- reimbursement for anticipated medical costs (e.g. for a serious or permanent injury requiring long-term treatment)
Restrictions on the kinds of damages that can be sought after an accident are one of the biggest obstacles that drivers of passenger vehicles must overcome in order to receive compensation. This is due to the fact that most motor vehicle claims involve personal injury protection (PIP) insurance, which has a minimum injury requirement before a claim may be made for recoverable damages.
On the other hand, there is no minimum level of injury that must be met before a motorcyclist can file a claim.
List Of Motorcycle Accidents’ Common Causes
The majority of motorcycle riders are aware of the dangers they run when sharing the road with other cars and trucks. A car turning left in front of a motorcycle when it is travelling straight causes more than 40% of motorcycle accidents.
However, not all motorcycle-related risks are related to other drivers on the road. The National Highway Traffic Safety Administration (NHTSA) reports that riding a motorbike after consuming alcohol contributes significantly to fatal motorcycle accidents nationwide.
Alcohol and other substances can affect someone’s judgement and ability to see objects around them to varying degrees, as well as create dangerously reckless behaviour. Drinking and riding puts motorcycle riders at considerable risk of hurting both themselves and others.
Other elements associated with deadly motorbike accidents include:
- riding a motorcycle without a legal licence
- without a helmet or other protective equipment
- biking through cities
- not paying attention to traffic signs
- not bending when it should
- not being aware of other drivers
Being aware of yourself and other drivers on the road is a big part of safe driving and vehicle operation. Accidents can, however, also happen without warning and with little to no action on the part of the individual involved.
What To Do After A Motorcycle Accident: A Step-By-Step Guide
Road accidents can occur suddenly and leave victims severely disoriented. In the event of an accident, taking care of your own health and safety comes first.
Find a safe spot right away if the accident scene is hazardous, such as due to traffic or debris. If your surroundings directly endanger your safety or wellness, you won’t be much use to yourself or the other people involved in the accident.
Following a motorbike accident, you should do the following:
- Examine Any Injuries and Seek Medical Attention
After an accident, it’s crucial to check for injuries in both yourself and other people. If it appears that you or any party involved is hurt,For immediate medical assistance, dial 9-1-1.
Even seemingly small injuries can worsen if not treated right away by a doctor. This is especially true for head injuries that, if left untreated, could result in brain trauma or be signs of a concussion.
- Gathering Personal and Insurance Data
It’s crucial to compile the names and contact details of every driver involved in the collision. All drivers’ names, insurance information, addresses, contact details, and licence numbers are examples of the personal data you should gather.
There might still be additional evidence in a hit-and-run case that can be used to pursue recoverable damages. In order to gather the evidence required to identify the defendant, your attorney, for example, can ask for security camera footage or other types of evidence.
- Speak with the police
Contact the police after evaluating the first event and gathering some information from those involved. This may be crucial in the case of serious collisions that cause at least $500 in property damage.
Building a solid legal case may benefit from sending police officers to the site as soon as possible. When an accident occurs, police are expected to document it and retain documents that can be used later to support claims for accident-related damages.
- Pay Attention To Your Environment
Recording your location, the time, and your surroundings might be quite helpful when constructing your legal case. Make a mental image of the accident site.
Have your phone handy and take pictures of your injuries and the scene of the accident, including the condition of all the vehicles involved. When obtaining and analysing data pertinent to your case, even seemingly unimportant elements can prove to be helpful.
- Speak with a motorcycle accident lawyer
Calling a knowledgeable motorcycle accident lawyer is among the most crucial calls you can make after being involved in a motorbike accident. The first step in obtaining payment for out-of-pocket costs and other types of compensation for less tangible damages, such as pain and suffering costs, is sometimes seeking legal advice.
By carrying out a complete investigation of the accident and obtaining proof to use in court If you decide to pursue legal action, a motorcycle accident lawyer can be a valuable partner in building a compelling case against the at-fault party.
After a motorbike collision, an attorney can help you with the following:
- gather testimony from witnesses
- assemble police and medical staff reports (i.e. medical records)
- take pictures of the accident scene and rebuild it
- obtaining the video from security cameras
- consult professionals
- look into the driving record of the at-fault driver.
- collect proof of the negligence of the motorbike manufacturer (in the event of product liability)
- To negotiate a reasonable compensation, we’ll speak with insurance companies on your behalf.
- Inform Your Insurance Company
To pursue recoverable damages after an accident, you must notify your insurance company. Nevertheless, because they will probably ask you for a statement, thus it’s strongly advised that you consult a lawyer before phoning your insurance provider.
Never give an insurance agent a statement before speaking with a lawyer.
The words you use to describe your accident in the moments following it might significantly affect how your case turns out. An attorney may be able to speak with your insurance provider on your behalf or may be able to provide you advice on how to describe the accident to them.
How To Choose A Motorcycle Accident Attorney
After a motorcycle accident, selecting the correct legal counsel can have a significant impact on how your case turns out.
Here are some recommendations for picking a motorcycle accident attorney:
Look for an experienced lawyer
Experience counts when it comes to legal recourse. It is in your best advantage to work with a lawyer that has experience with handling motorcycle accident claims in the event of a crash.
Motorcycle accident claims are different from auto accident claims, and they are best handled by a lawyer with experience getting compensation for hurt motorcyclists. If you speak with a personal injury attorney who doesn’t have experience handling motorcycle accident cases, choose another counsel.
Look for a lawyer who has trial experience and Reputable History
Finding a lawyer with a proven track record of winning settlements for injured parties and trial expertise will be of the utmost value to you.
After an accident, obtaining compensation for damages is not an easy process. In order to recover accident-related damages, it is best to work with a lawyer that has a wealth of experience navigating the legal complications that can develop.
Choose a lawyer with experience
A lawyer who is ready to engage with the people and organisations required to develop a compelling case will have access to a wide range of specialist resources.
These resources may include contacts in the legal community, collaboration with other skilled lawyers, and other equipment required to acquire a lot of evidence.