Motorcyclists face unique risks on the road. Bikes are much lighter and smaller than vehicles, have only two tires, and do not enclose or protect the rider. These characteristics are among the reasons why a motorcyclist is more likely to suffer fatal injuries in a motorcycle accident. If you are involved in a motorcycle accident, you will likely be in shock, wondering about the steps to take. When you suffer injuries in a motorcycle accident because of another person’s negligence, you can pursue a lawsuit against the liable party. However, a personal injury claim following a motorcycle crash can pose challenges since the liable parties will likely deny fault. You need an expert to help you weigh your legal options. It is best to seek the services of a reputable personal injury attorney to guide you through the claim process.
The Common Causes of Motorcycle Accidents
A motorcycle accident can occur due to the following factors:
Alcohol Use or Other DUI
Alcohol-impaired motorists cause the most fatal motorcycle accidents. Motorists and passengers are more likely to survive a drunk-driving crash than motorcyclists. Being aware of your surroundings on the road on a motorcycle is important. Avoid riding too close to motorists who show suspicious behavior. An intoxicated driver cannot drive with the same caution as a sober driver. In case of an emergency, a driver who is under the influence will be slow to respond.
Collisions With Vehicles
Collisions, particularly head-on collisions, occur when a car crosses into the lane of an oncoming car or motorcycle. In a head-on collision, a motorcycle can crash into the front part of a car. Motorcyclists can do the following to prevent head-on collisions with vehicles:
- Be careful on the and only overtake when it is safe to do so
- Maintain a safe speed
- Stay on the proper lane
Motorists also have a role to play by avoiding distractions and adhering to traffic rules.
Open Car Doors
A motorcycle accident can occur when a motorist or passenger opens a door without looking to see if the road is clear. As a result, a motorcyclist can crash into the open door. You can suffer serious injuries, including severe lacerations, broken bones, and head trauma. Motorists and passengers should check before opening the door to ensure the road is clear, thus preventing open-door accidents. Motorcyclists should also avoid riding too close to parked vehicles whenever possible.
Speeding
Speeding is one of the most common causes of motorcycle accidents. A motorcyclist cannot react to a dangerous situation quickly enough if he/she fails to observe the recommended speed limit. A motorist can also have a challenge estimating a motorcyclist’s speed, which can affect their reaction time. Both motorists and riders should observe speed limits to avoid accidents.
Unsafe Lane Changes
Most motorcyclists and motorists die in fatal accidents that occur because of unsafe lane changes. An unsafe lane change happens when one driver switches lanes and hits the car that occupies it. A crash can also happen when a driver creates a dangerous situation for other road users while switching lanes.
Motorists are required to do the following to prevent accidents resulting from unsafe lane changes:
- Avoid changing lanes at an intersection
- Avoid speeding when changing lanes
- Change one lane at a time
- Check the blind spots before switching lanes
- Avoid driving in the middle of two lanes
- Always indicate before switching lanes
Unique Risks To Motorcycle Riding
The following are some of the unique risks associated with motorcycle riding:
- Bike riding requires serious training and more skills compared with driving a vehicle
- Unlike four wheels, two wheels offer less stability. The front wheel could wobble when a bike is at high speed.
- Motorcycles have no airbags or seat belts
- There is no barrier between the road and the motorcyclist
- Road hazards like wet pavement, small objects, uneven road surfaces, and debris can make motorcycles unstable
- Less visibility for motorists, particularly at intersections, makes them fail to notice motorcyclists.
What You Must Prove To Secure a Settlement In a Motorcycle Accident
The personal injury law concept of ‘’negligence’’ applies when determining liability in a motorcycle accident. A person can act negligently if he/she behaves carelessly or thoughtlessly, resulting in injuries to another person. A motorist must use reasonable care to avoid injuring pedestrians, motorcyclists, cyclists, or passengers on the road. If a motorist is not reasonably careful and injures you, he/she could be responsible for your injuries and any other accident-related losses
In most motorcycle crashes, the liable party is a negligent motorist. A motorist can be negligent in the following ways:
- Failing to do what is expected of them, like using indicators when turning and checking mirrors and blind spots before turning.
- Doing something that he/she is not expected to do, like speeding at an intersection or running the red light
A motorcyclist could also be negligent by lane-splitting, ignoring stop signs, and driving unsafely.
Proving Negligence In a Motorcycle Accident Case
After involvement in a motorcycle accident, proving liability means identifying the negligent party. You must prove negligence whenever you try to hold another person liable for your injuries, property destruction, and other accident-related losses. You can seek compensation through:
- Filing a personal injury case against the at-fault party
- A third-party insurance claim — You could file the claim with the at-fault motorist’s insurance
You can prove negligence by:
- Showing that the motorist’s conduct caused your injuries
- Proving that you were injured or suffered losses — Even if a motorist behaved carelessly, you cannot recover anything if you did not sustain any injury. You will not obtain compensation if you fail to prove any damage.
- Showing that the motorist was not careful enough under the circumstances
- Outlining that the law required the motorist to be reasonably careful — This is a requirement in an accident involving a car and motorcycle. Drivers have a duty of care to other users, including motorcyclists and pedestrians.
You must provide evidence of what happened at the scene when proving negligence in a motorcycle accident. There are several ways to gather evidence of a motorist’s negligence and strengthen your case. They include:
- Keep records and copies of all expenses associated with the accident. Records include vehicle repair costs, medical treatment, and rehabilitation costs.
- Gather statements from witnesses who were there when the accident occurred
- Take photos of the scene of the accident, property damage, injuries, and any other crucial evidence
- Securing a copy of the police report drafted when the police visit the accident scene.
When You Are Also To Blame For The Motorcycle Accident
In most cases, negligent or reckless motorists cause motorcycle accidents. However, sometimes, you could also have done something that contributed to the occurrence of the motorcycle accident. In this case, the at-fault party can raise your partial fault as a defense to their liability for the accident.
California follows the comparative negligence rule. Therefore, shared fault can reduce compensation from the liable party. For example, if you are 40% at fault for the accident, you recover only 60% of the total damages from the responsible party.
Under the contributory negligence rule, your share of fault can prevent you from receiving monetary compensation from the liable party. The shared fault rules will greatly impact the value of your claim.
If a Motorcyclist Was Not Wearing a Helmet When The Accident Occurred
The liable party can argue that your injuries would have been less severe if you had worn a helmet when the accident occurred. Therefore, you will receive a settlement depending on the extent to which your motorcycle accident injuries were preventable.
The court will consider if wearing a helmet could have minimized or prevented your injuries. Typically, if you were legally required to wear a helmet but chose not to, you could receive a lower settlement. The insurance company will monitor your lawsuit, particularly the issue of helmet use. Things could be even more complicated if the case goes to trial. You will need an aggressive personal injury lawyer to prove you deserve compensation.
Settlement Value and Trial Value
There are two types of valuations when you are trying to value a motorcycle injury claim. They are:
- Settlement value
- Trial value
The settlement value is what you reasonably hope to settle your lawsuit for. The settlement value could be less than the trial value since you would settle your lawsuit to avoid the risk of losing at trial and leaving the court without anything.
If your motorcycle accident lawsuit goes to trial, the court could award you a defined figure for your damages. Unfortunately, there is no guarantee of winning this case. Therefore, if the liable party is willing to settle the case out of court, it is advisable to settle even for a slightly lower amount than the anticipated trial value.
A case’s settlement is generally less than the trial value. The trial value depends on the anticipated likelihood of winning the trial. You should consider whether the settlement you receive will cover all your losses related to the accident.
What You Should Consider Before You Settle a Motorcycle Accident Claim
Often, when you suffer injuries in a motorcycle accident, another party can be liable for your injuries. If a motorist is liable, the auto insurance provider will try to give you an early settlement. You could be tempted to accept the quick settlement. Sometimes, the settlement will seem quite generous. However, before you accept the settlement, you should understand the following:
- If you accept the settlement, you must sign a ‘’release of liability’’ or similarly named form before you receive your check.
- You will waive your right to sue or bring any additional claim over the accident if you sign the release
If you suffer injuries in a motorcycle accident and the motorist is liable for your injuries, you should file a claim with their insurance company. You should consider some important factors before signing the release of the liability form. The reasons why you should wait before signing any release related to your motorcycle accident claim include:
- You should first consult a skilled attorney to listen to the basics of your lawsuit and review the release before you sign it
- You might not understand the legal jargon and the possible ramifications of what you are signing
- You might require your own insurance provider’s consent before signing the release
- Some additional party could have some degree of liability for the accident
- You might not understand the extent of your damages in the language of the law
Securing Legal Assistance After a Motorcycle Accident
After suffering injuries in a motorcycle accident, avoid talking to the at-fault party’s insurance company on your own. Hiring a skilled and experienced personal injury attorney can make a big difference. Your attorney will do the following:
Talk to The At-Fault Party’s Insurer
Your attorney will open up a line of communication with the insurance adjusters of the at-fault party in any personal injury case. Your attorney needs to have good communication skills since negotiating with insurance adjusters is the hardest part of the claim process
Gather Relevant Evidence of The Motorcycle Accident
A skilled attorney will help you gather all the required evidence to prove liability in a motorcycle accident claim. You could have already taken photos of the accident scene, but your attorney can return to it to examine it. Often, personal injury attorneys work alongside accident reconstruction experts to determine what happened at the accident scene.
Your attorney will likely liaise with the investigating police officers and witnesses to secure police reports and witness statements.
Negotiating With Insurers
A personal injury attorney is better placed to settle a motorcycle accident lawsuit than the victim. A competent personal injury attorney understands the value of your case. Your attorney also understands how to work the case and conduct negotiations to achieve the best possible compensation.
Types of Damages You Can Recover In a Motorcycle Accident Claim
‘’Damages’’ is a legal term that refers to the monetary awards you can receive from the at-fault party in an accident. You have a right to file a personal injury lawsuit and pursue damages if you suffer injuries because of someone else’s carelessness, intentional misconduct, recklessness, or negligence.
Personal injury law seeks to have the liable party make you whole. Unfortunately, the negligent party can't heal your wounds or turn back time. However, the liable party can compensate you for your injuries and make you whole to the best of their abilities. The following are some of the damages you could recover if you suffer injuries in a motorcycle accident:
Medical Bills and Other Incidental Costs
Medical bills could form a large share of your expenses after a motorcycle accident. Therefore, the compensation for medical expenses will constitute a larger share of your total award. You should consider immediate and future medical costs when filing your claim.
Property Damage
You can receive damages for property damage to help you repair your motorcycle or replace the items lost in the accident. You should take photos of your damaged motorcycle and other belongings. The photos will serve as proof when seeking compensation for property damage. Do not repair the motorcycle before the insurer gives you the go-ahead. Repairing your motorcycle right after an accident will make you lose crucial evidence. You can seek compensation for mobile devices, spectacles, and computers, among others.
Lost Income
After your involvement in a motorcycle accident, you will require time to recuperate from your injuries. Unfortunately, if you suffer severe injuries, you could even be incapacitated. You could miss work and forgo your salary. You can pursue compensation for lost wages or loss of earning capacity. The following are the damages you can seek, depending on the facts of your case:
- Damages for diminished income resulting from your injuries
- Damages for forgone job benefits during the time of treatment
- Damages for the loss of an opportunity to earn
Pain And Suffering
Motorcycle accident victims experience pain and suffering, but they do not know that they deserve compensation. Pain and suffering under personal injury law refers to the mental anguish you undergo after a motorcycle accident. Sadly, pain and suffering damages are challenging to measure in financial terms. However, a personal injury attorney understands how to calculate these damages. You can seek compensation for a diminished quality of life, scarring, or disfigurement resulting from the motorcycle accident.
Compensation For The Death of a Loved One
You can file a wrongful death claim if you lose a loved one in a motorcycle accident because of the negligence of someone else. You could recover funeral expenses and medical costs in a successful claim. Surviving loved ones and dependents can also recover damages for the loss of a provider. The people who can submit a wrongful death claim include the deceased person’s spouse, children, adopted children, parents, and grandparents. Your personal injury attorney will advise you if you qualify to file a wrongful death claim.
Find an Experienced Personal Injury Attorney Near Me
After your involvement in a motorcycle accident, you should not accept the first settlement from the liable party’s insurance company. Explore your options and consult a personal injury attorney for the best possible outcome. Consult the Orange County Personal Injury Attorney if you need reliable and aggressive legal representation. Our experienced attorneys will evaluate your case and help you file a lawsuit to seek compensation. Contact us at 714-876-1959 to speak to one of our attorneys.