Motorcycle Accident Information Guide

If you’ve been involved in a motorcycle accident, you know how dangerous these events can be. Unfortunately, accidents involving motorcycles can often lead to irreversible vehicle damage, expensive medical bills, and serious injuries.

One of the best ways to get help following a motorcycle accident is to hire a motorcycle accident attorney to represent you. These professionals can provide the legal guidance you need to secure fair compensation from the at-fault driver’s insurance company. They can also walk you through the claims process and take the responsibility off your hands.

We’ve put together this guide to help you learn everything you need to know about motorcycle injuries and the role of a motorcycle accident attorney in these cases. Once you finish reading, contact our team at Law Tigers to schedule your free case evaluation.

What To Do When You’re in a Motorcycle Accident

Motorcycle accidents can be stressful, traumatizing, and expensive. If you’ve recently been in a motorcycle accident, you may be more focused on recovering from your injuries and the mental stress of your accident than on handling the accident the “right” way.

Thankfully, hiring an attorney can take the burden of navigating your case off of your shoulders and allow you time to heal. These professionals have extensive experience handling motorcycle accident cases, allowing them to guide you through the process to receive a fair settlement.

However, whether you want to hire a personal injury attorney or try to take on the process yourself, the Law Tigers motorcycle accident lawyers recommend prioritizing the following tasks:

Seek medical attention: Your first step after a motorcycle accident should always be to seek medical treatment. Motorcycle accident injuries can be critical, and the sooner you receive treatment, the better chances you have of making a full recovery. Even if you do not have any severe injuries, the notes, diagnoses, and prescriptions you receive from your doctor can serve as evidence in your insurance claim.
Gather evidence: Insurance companies love evidence. Giving them all of the details of your case can ensure that they fully understand the extent of your damages. After your accident, your attorney should gather the contact information of any witnesses, take photos of the vehicle damage, obtain a copy of the police report, and write notes about your recollection of the events leading up to the accident.
Contact the at-fault driver’s insurance company: If you believe you were not at fault for the accident, the at-fault driver’s insurance company should be responsible for paying for your damages. If you’ve retained an attorney, your attorney will contact the at-fault driver’s insurance company.

Depending on the details surrounding your case, you may need to complete additional tasks, such as appealing an offer from the at-fault driver’s insurance company, proving that you were not at fault for the accident, or suing the at-fault driver. A qualified accident attorney can ensure that you complete all of the necessary steps to receive the most compensation.

How Can a Motorcycle Accident Attorney Help?

If you’ve been in a motorcycle accident, hiring a personal injury attorney to represent you is one of the smartest decisions you can make. Motorcycle accident attorneys have extensive experience handling cases just like yours, giving them the knowledge and skills necessary to help you secure adequate compensation.

Specifically, motorcycle accident attorneys can help you with the following:

Inform you about all of your rights and options following your accident
Negotiate with the at-fault driver’s insurance company to increase your compensation
Gather evidence to support your case
Communicate with the at-fault driver’s insurance company on your behalf
Handle all of the paperwork for you
Represent you in court if you decide to sue the at-fault driver for your damages

Handling your case on your own can be stressful. Additionally, if you do not know much about insurance claims and the legal process, you may make a costly mistake during your case. Overall, it’s best to leave your motorcycle accident case in the hands of a qualified professional.

How To Choose a Motorcycle Accident Lawyer

If you’ve already decided that working with an accident lawyer is in your best interest, your next step is to choose the right attorney for your needs. The Law Tigers motorcycle accident attorneys recommend looking for the following qualities in a motorcycle accident attorney:

Licenses

Before you hire an attorney, you should make sure they have the necessary licenses to practice in your state. You can always visit your local bar association’s website to verify an attorney’s license.

Experience

You should choose an attorney who has experience with motorcycle accidents. Any personal injury attorney can represent clients following motorcycle accidents, but some do not have much experience specifically with these accident types.

Searching for an experienced motorcycle accident attorney can ensure that your lawyer knows the best ways to approach your case.

Professionalism

Not only should attorneys have the proper licenses and experience to represent you, but they should also perform their roles with the utmost professionalism. Motorcycle accidents can be life-altering events. An attorney who does not approach these accidents professionally may add to the stress and trauma following your accident.

However, working with a professional attorney can give you confidence that they will handle your claim as seriously as you would if you were representing yourself.

Compassion

If you’ve experienced a recent motorcycle accident, working with an attorney may feel like a daunting task considering all of the other struggles you’re facing. However, looking for a compassionate and kind attorney can help you have a positive experience throughout your legal proceedings.

Motorcycle Accident Injuries

Motorcycle accidents can result in a range of injuries. Some of the most common include:

Traumatic brain injuries
Whiplash
Broken ribs
Internal bleeding
Broken limbs
Spinal injuries
Organ damage
Lower-extremity injuries
Road rash
Concussions
Skull fractures
Neck injuries

The severity of your injuries depends on numerous factors, such as the events surrounding your accident, your protective gear, and your existing health. Typically, the more severe your injury, the more money you may need to recover physically and financially following your crash.

Understanding Motorcycle Accident Claims

If another driver was at fault for your motorcycle accident, you’ll need to file a claim with their insurance company. The insurance claims process can get a little confusing and overwhelming, especially if you are trying to recover from injuries while navigating your claim. Here are the steps you can expect to follow in a motorcycle accident claim:

Call the at-fault driver’s insurance company.
Provide the insurer with information about the accident.
File a police report, if you haven’t already.
Wait for an insurance adjuster to reach out to you and request more information.
Receive an estimate from the adjuster.
Receive the payment from the insurance company.

While this process seems cut and dry, it doesn’t always follow a simple pathway. Often, insurance companies fail to estimate the costs involved in an accident accurately, giving you a low-ball offer that would not cover all of your expenses.

Additionally, in many states, insurers can determine that both parties are partially at fault, assigning each a percentage of the blame for the accident. For example, an insurer may find you 10% at fault and the other driver 90%. If the company considers you partially at fault, you may not receive as high of a payout.

Even if you are not planning to file a lawsuit after your accident, hiring an attorney to walk you through the insurance claims process may still be worthwhile. An experienced motorcycle accident attorney can help negotiate your offer from the insurer and get the money into your pocket faster.

What Can a Motorcycle Accident Law Firm Tell Me About Local Laws?

Every state has different laws about motorcycle accidents, including laws regarding:

Motorcycle safety
Who is at fault in an accident?
How a rider’s protective gear affects liability
How soon after an accident the victim must file a claim

An experienced motorcycle accident attorney can help you understand all of the relevant laws within your state, ensuring that you do not overlook any regulations that could affect your case’s outcome.

Common Causes of Motorcycle Accidents

Motorcycle accidents can result from a range of causes. Unfortunately, many of these accidents occur simply because drivers are not watching out for motorcyclists. Here are some of the most common causes of motorcycle accidents:

Unsafe Lane Changes

Motorcycle accidents often occur when drivers fail to see motorcyclists in their blind spots before changing lanes. As a result, these drivers strike the motorcyclists from the side, sometimes pushing them into oncoming traffic.

Speeding

Speeding is against the law for a reason. Often, when drivers speed, they do not have enough time to slow down or stop when they reach an unexpected traffic change or another obstacle. If motorcyclists are in their path, they may not even see them until it is too late to stop.

Driving Under the Influence

Driving under the influence of drugs or alcohol is a common cause of vehicular accidents. Drugs and alcohol impair drivers’ abilities to react quickly, make sound decisions behind the wheel, and adhere to traffic laws.

Sudden Stops

When traffic suddenly slows or comes to a stop, incoming drivers may have trouble stopping in time, causing them to strike the vehicles in front of them. However, these types of accidents are typically the incoming driver’s fault, as drivers should always leave enough room between their cars and the vehicles in front of them to come to a complete stop without striking them.

Left-Turn Accidents

Left-turn accidents are some of the most common accidents involving motorcycles. Often, drivers attempt to make left turns without ensuring that the intersection will be completely clear when they turn. As a result, they often fail to see oncoming motorcyclists, striking them as they enter the intersection.

Motorcycle Accident Statistics and FAQs

In 2019, around 5,000 people died due to motorcycle crashes within the U.S. That same year, over 79,000 motorcyclists experienced injuries from these accidents.

Helmet use directly impacts motorcycle fatality trends. While wearing a helmet is about 37% effective in preventing motorcycle deaths, only around 70% of motorcyclists wore DOT-compliant helmets in 2019.

Who Is Liable for Motorcycle Accidents While Lane Splitting?

Because motorcycles are less than half the width of traditional passenger vehicles, motorcyclists can easily move between traffic and navigate between clearly marked lanes. This practice, known as “lane splitting,” is illegal in some U.S. states. However, regardless of its legal status, lane splitting is dangerous and can quickly result in vehicle accidents.

If your motorcycle accident occurred because of lane splitting, your insurance company will probably assign you partial liability. However, insurance companies look at all of the events surrounding an accident to determine fault. For example, if you were lane splitting and another driver changed lanes and struck you, they may also be partially at fault.

What if Both Drivers Are to Blame in a Motorcycle Crash?

Sometimes, accidents are partially both drivers’ faults. Many states have adopted a “comparative negligence” policy, allowing insurance companies to assign partial blame to both drivers involved based on their contributions to the accident. When this is the case, both drivers may need to call upon their own insurance companies to provide compensation for the other driver.

How Much Is My Motorcycle Accident Claim Worth?

Several factors contribute to the amount of compensation you can receive through a motorcycle accident claim. The two primary factors are liability and damages.

Liability refers to who is to blame for the accident. If the other driver was 100% at fault for causing your motorcycle accident, their insurance would be fully responsible for covering your damages, leaving you with a significant payout. However, if no one was liable for the accident, you probably will not receive much through your claim.

Next, damages are the losses that occurred due to the accident. Damages can include financial losses, including:

Loss of income
Loss of ability to work
Medical bills

They can also include non-economic losses, including:

Loss of companionship
Mental anguish
Pain and suffering

You may also have reason to seek punitive damages in your case. These damages essentially act as a punishment for the driver’s reckless or malicious driving that led to your accident.

An experienced accident attorney can help you value your motorcycle accident claim and understand whether the insurance company offered you a fair offer or is trying to low-ball you. Then, your attorney can walk you through the claims and legal process to help you secure fair compensation from the at-fault driver.

How Do I Avoid a Motorcycle Crash?

Taking adequate precautions is an essential step in preventing motorcycle crashes. Here are a few tips to help you avoid these accidents as a motorcyclist:

Pay attention at all times.
Avoid driving over the speed limit.
Wear bright colors and reflective clothing to ensure that other drivers see you.
Avoid riding in bad weather.
Pay special attention at intersections, especially watching out for left-turning motorists.
Avoid lane splitting.

While some accidents are challenging to avoid, driving defensively and following all traffic laws can decrease your chances of becoming involved in a crash. Of course, you should always wear a DOT-approved helmet to minimize injuries if you do experience an accident.

Were You Hurt in a Motorcycle Crash? We’re Here to Help You Recover Compensation

If you have experienced an injury due to a motorcycle accident, hiring a motorcycle accident attorney may be your best option. At Law Tigers Motorcycle Lawyers, defending motorcyclists involved in motorcycle accidents is our passion.

Our team of attorneys has extensive experience representing clients like you across a range of motorcycle accident claims. When you hire our team, you can feel confident in our specialized motorcycle accident knowledge, litigation experience, and commitment to your case.

Our representation process starts with a consultation. If you need a skilled motorcycle accident attorney, contact us today at 1-800-529-8443 to schedule your free case evaluation.

What to Do When You’re in a Motorcycle Accident »