The sudden, severe impact of a motorcycle accident can leave you with brain trauma, broken bones, spinal cord damage, and other injuries. The accident also disrupts your health and well-being and can leave lasting trauma. You may wonder who will pay your medical expenses and other losses after such a terrible ordeal.
Were you recently injured in a motorcycle accident? If another person’s negligence caused the accident, you should immediately retain a Florida motorcycle accident attorney. Talk to an attorney in your area today to learn if you have a case. If your case qualifies, you may be compensated for your injuries, including medical expenses, pain and suffering, lost earnings, and lost earning capacity, if appropriate.
Common Types Of Motorcycle Accidents
One of the problems with motorcycle accidents is that riders are fully exposed to the elements and crash forces. Car passengers and drivers are somewhat protected by a shell of steel weighing several thousand pounds. Consequently, a motorcycle accident victim can be severely injured or killed in one of these common accidents caused by other drivers:
Rear-End Accidents
Motorcycles are more challenging to see than cars, so a driver can carelessly rear-end a bike at a red light or stop sign. Drivers must look for everyone on the roads, including bicyclists, motorcyclists, and pedestrians. They can be held liable for damages if their negligence causes an accident.
Drunk Driving Accidents
Drunk and drugged driving is always hazardous. About 37 people die daily in drunk driving accidents in America. However, it’s even more dangerous when the person on the receiving end of an accident is on a motorcycle. Drivers under the influence may speed and drive recklessly, making the accident impact worse on the motorcyclist.
Left Turn Accidents
Many motorcycle accidents happen because a car driver fails to see an oncoming motorcycle. The driver may turn left in front of the bike, causing a severe T-bone or head-on accident. A motorcycle accident attorney will review the accident evidence and eyewitness statements to determine if the driver’s negligence caused the accident.
Hit And Run Accidents
A hit-and-run accident can be especially damaging for a motorcyclist. Imagine being hit by a car on your motorcycle and the responsible driver fleeing. Now, you have serious injuries, medical bills, lost earnings, and a totaled bike, with no one to hold accountable.
A motorcycle accident attorney will work with the police to find the other party. Also, they may help file a claim on your own policy if appropriate.
Dooring Accidents
A dooring accident occurs when a car driver opens their door into the travel lane, causing a crash with a motorcyclist or biker. Dooring accidents can cause severe injury or death, so retain a personal injury attorney immediately to assist.
Head-on Crashes
A head-on crash is the worst type of motorcycle accident. A car driver may be sleepy, distracted, or drunk and drift into your lane and hit you head-on. Unfortunately, many motorcycle head-on accidents are fatal. Talk to a wrongful death attorney if your loved one died in a head-on crash because of another driver’s negligence.
What Is Your Motorcycle Accident Claim Worth?
Most motorcycle accidents are serious, so what is your claim worth? It’s impossible to say without knowing the details of your case. You can have the same injury as another rider, but your damages are much higher or lower than theirs.
However, an experienced motorcycle accident attorney can tell you that your case value depends on the following variables:
Liability And Evidence
If the other driver is entirely to blame for your broken leg and ribs from the crash, and there is strong evidence, your settlement will be higher. The insurance company usually offers a faster and larger settlement if it’s evident that their client injured you. However, if liability is shared or uncertain, the insurance company will offer a lower settlement or may even deny coverage.
Damages
Motorcycle accident claims usually have higher damages than many auto accidents. Your case value is higher when you have more serious damages, such as:
- The severity of injuries: Someone with a broken back and paralysis will have a higher case value than someone with a broken arm or foot
- Whether the injuries are permanent: A paralysis injury is probably permanent and will result in a higher settlement
- Whether you have preexisting conditions in the same body part as the accident injury
- The amount of current and future medical care expenses
- Whether you have gaps in treatment and why
- Your lost past, current, and future lost earnings
- Whether you will go back to work
- Any restrictions on your daily activities
- How your daily life has changed from the accident
- Whether your loved ones have suffered losses
Whether You Hire A Motorcycle Accident Attorney
Research in the legal industry shows that people who hire a personal injury attorney recover several times more compensation than those who handle their own claims. You don’t have to hire an attorney, but there’s a good chance you settle for well under your claim’s value without legal representation. The first offer from the insurance company is almost always too low.
Hiring a skilled attorney increases the chances of a faster, higher settlement offer. It helps if your lawyer is a tenacious litigator and can threaten a lawsuit to encourage a better settlement offer.
How A Motorcycle Accident Attorney Can Help You
Motorcycle crashes are often devastating, and you may have catastrophic injuries. That’s why you should hire a motorcycle accident attorney as soon as possible after a serious accident.
A seasoned personal injury attorney can assist your claim in many ways, including the following:
Proving Who Caused The Accident
Obtaining compensation in a motorcycle crash claim means you must prove that another driver caused your injuries and losses. Your motorcycle crash attorney is highly skilled in proving negligence in personal injury claims as follows:
- The other driver had a duty of care to you.
- The other driver didn’t follow their duty of care to drive safely and not injure other drivers and motorcyclists.
- You suffered an injury in a motorcycle accident caused by a breach of the duty of care.
- You have crash damages, such as medical expenses and mental anguish.
Proving negligence after a motorcycle crash may seem easy, but it isn’t. You must prove that the other driver violated their duty of care and injured you. Your attorney also can find out if another party can be held responsible besides the other driver. For example, the driver’s employer can be liable if the driver was on the clock when the accident happened.
Collect Evidence
You need strong evidence to build a convincing motorcycle accident claim. A motorcycle accident attorney will gather all critical evidence to prove fault, as well as your losses and injuries:
- Testimony from eyewitnesses. Eyewitness testimony is critical evidence to prove fault in an accident. They don’t have a stake in your claim, so what they say can make or break it.
- Photos and videos: If you can, take photos and videos after the motorcycle accident. This evidence may reveal vehicle positions and other information about how the accident happened.
- Surveillance video: Traffic cameras may show how the accident happened, and your motorcycle accident attorney can subpoena this footage.
- Physical evidence: Your personal injury attorney may retain an accident reconstruction professional to prove how the crash happened.
Your attorney will ensure that the liable insurance company preserves any evidence from the accident. Insurance companies sometimes dispose of critical evidence that helps your case.
Reduce Post-Crash Stress
Imagine you have severe road rash and broken bones from a motorcycle crash when a driver pulled out in front of you. Thousands of medical bills exist, and you’re out of work for three months. You’re stressed about your unpaid bills and don’t know how to cover medical expenses.
The last thing you should be concerned with is the legal and insurance issues. A motorcycle accident attorney handling insurance negotiations and legal matters is always preferable. You can concentrate on improving, and your lawyer can focus on maximizing your compensation.
Hiring a personal injury attorney is even more vital for your stress level if you suffered a catastrophic injury. This type of injury is usually permanent, and you may be unable to work. You’ll have your hands full with your recovery and rehabilitation, so you should let your attorney deal with your case.
Negotiate With Insurance Adjusters
A motorcycle accident attorney will deal with the insurance adjusters reviewing your case. The insurance company for the other driver isn’t your friend. Their goal is to reduce what you are paid by any means possible. The adjuster will try to record any conversation with you and use your words to reduce your pay.
Generally, you shouldn’t speak to the other party’s insurance company. Nothing favorable to you will come of these conversations. Instead, politely decline their call and tell your motorcycle accident attorney to handle it.
Your motorcycle accident lawyer will negotiate with the insurance company for the best settlement. Most motorcycle accident cases end with a fair settlement, and your attorney knows what your claim is worth.
Also, your attorney will be aware of any time limits in your claim and will ensure that the insurance company resolves your case quickly.
Take Your Motorcycle Crash Claim To Trial
Your motorcycle accident claim will probably settle out of court. It’s usually best for you and the defense to settle and not go to trial. Trials are expensive, lengthy, and rife with uncertainty. It’s generally better to agree to your attorney’s best settlement deal.
However, the insurance company sometimes refuses to accept liability or pay you enough. In that case, a skilled attorney will prepare your case for trial by jury.
Document Your Damages
Next, your motorcycle crash lawyer will go over your damages and losses. Your lawyer will collect critical evidence to show your economic and non-economic losses. This evidence will be summarized in a demand letter to the insurance provider. They also may provide testimony from medical and vocational experts about your future medical expenses and lost earnings.
Some of the damages you may have in your motorcycle accident case are:
- Current and future medical bills. You can have expenses for ER and ambulatory care, hospital stays, surgeries, procedures, physical therapy, rehabilitation, and prescription drugs. Also, you may receive compensation for years of future medical bills if you have a catastrophic injury.
- Lost earnings in the past, present, and future. Lost earning capacity compensation may be appropriate for a catastrophic injury, such as a spinal cord injury.
- Property damage, such as a damaged or totaled motorcycle.
- Physical pain and suffering and mental anguish related to your injuries and treatments.
Other Motorcycle Accident Lawyer Tasks
When you retain a motorcycle crash attorney, they will do other things to benefit your case. First, they regularly update you about your case, including how settlement negotiations are faring.
Second, they will communicate regularly with insurance company adjusters, courts, defense attorneys, and other stakeholders. That way, you won’t need to trouble yourself with frustrating communications from insurance companies and attorneys.
Third, your attorney will gather all critical evidence of your accident and injuries. This evidence may include experts, such as physicians, life care professionals, economists, occupational experts, and more.
Last, your attorney will calculate the full value of your case based on economic and non-economic damages. The full case value will be used to send a demand letter to the defense to settle the claim out of court.
Contact A Motorcycle Accident Attorney Today
A severe motorcycle accident caused by another driver isn’t the time to “go it alone”. You have injuries, medical bills, and lost earnings. Your damages can be in six or seven figures for a severe injury. You need to speak to a Florida personal injury attorney to ensure the best outcome for your case. Contact an attorney today in your area for free. You won’t be charged any legal fees if your attorney does not obtain compensation in your case.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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