Motorcyclists have virtually no protection on the road or in an accident. When another vehicle hits a motorcycle, the rider may suffer devastating injuries.
A recent NHTSA study found that traffic accident deaths are 28 times more common for motorcyclists than for other types of drivers. For this reason, hire a motorcycle accident attorney to represent you if another party injures you.
What can your motorcycle crash case be worth? Continue reading to learn more. Then, call a local motorcycle accident attorney for a free case review. You can receive compensation for your medical bills, lost income, and pain and suffering.
What Does My Attorney Have to Prove in My Motorcycle Accident Claim?
State law entitles you to compensation if another party injures you after a motorcycle accident. Common reasons for motor vehicle accidents include driver distraction, fatigue, drunk driving, reckless driving, speeding, and making illegal or unsafe turns or merges.
When another driver is negligent, you can obtain compensation for your medical bills and other losses.
Your motorcycle accident lawyer must prove negligence by showing:
- The other party had a duty of care to you. For example, drivers on Missouri roads must follow traffic laws and drive safely so as not to endanger and injure others.
- The other driver violated their duty of care. For example, suppose a car driver ran a stop sign and slammed into your motorcycle.
- You have injuries from the violation of the duty of care, such as a broken collar bone and arm.
- You have financial damages from your injuries, such as $25,000 in medical bills and lost income.
Proving negligence may sound straightforward, especially if you believe the other driver hit you and violated traffic laws. However, the aftermath of many auto accidents is a case of “he said, she said.”
Your attorney must prove by a preponderance of the evidence that the other party injured you.
An experienced motorcycle crash attorney must assemble the strongest case for the insurance company or jury to believe your side of the story.
Your attorney is skilled at obtaining and interpreting:
- Eyewitness statements: Statements from crash witnesses are frequently critical to proving fault. People not involved in the accident have considerable credibility for juries and insurance companies. Your attorney will interview eyewitnesses to collect substantial evidence on your behalf. Eyewitnesses may provide critical information about vehicle speed, road conditions, and how the crash happened.
- Accident scene photos and videos: Visual evidence is critical to proving how the accident happened. Take pictures and videos after the scene crash and vehicle positions, if you can. If not, ask a bystander to take your cell phone photos and videos.
- Expert witness testimony: Personal injury law firms have a stable of expert witnesses they can call on to provide testimony. For example, a motorcycle accident attorney can contact an accident reconstructionist to prove how the crash happened and who caused it. Your attorney usually pays for expert witnesses out of pocket and takes the fees from your settlement.
- Police reports: Law enforcement reports aren’t admissible as evidence in court. However, you may need to present the report to the insurance company if the other driver received a traffic violation during the settlement process.
- Cell phone records: Do you suspect the other driver was distracted by a cell phone? A motorcycle accident attorney can obtain the driver’s cell phone records to see if they were texting and driving.
- Drunk or drugged driving evidence: Your motorcycle accident lawyer can obtain any police testing performed on the involved drivers to see if they were intoxicated or on drugs.
What Factors Influence A Motorcycle Claim Payout?
The value of your motorcycle accident payout depends on the facts, evidence, and various circumstances in the case. It’s impossible to say a ‘typical’ payout for a motorcycle accident. Every case has different injuries, damages, and circumstances.
One motorcycle crash can have a $100,000 case value and another one million dollars. For example, a compound fracture in the leg can be almost the same in two accident victims, but one can have a much faster recovery than the other.
That said, a motorcycle accident attorney can review your case for free and provide a rough case value based on their understanding of the particulars. Pertinent factors in your case include:
Injuries And Medical Bills
Generally, motorcycle accidents with more severe injuries and medical bills are worth more. Suppose you broke your back in the crash and became paralyzed below the waist. Your case value is higher than someone who broke their arm and leg.
With a long-term injury, you can have millions in medical bills, ongoing care, and rehabilitation. A less severe injury will have lower medical bills and related costs.
A skilled motorcycle accident lawyer will retain medical professionals to testify about and document the severity of your injuries and ongoing medical needs. You may need medical care for months or years, significantly increasing the case value.
Insurance
Many states have low minimum insurance requirements, which may be $25,000 per person and $50,000 per accident. This is the minimum insurance required for Missouri, Illinois, and Kansas.
Also, all drivers may be required to pay for uninsured coverage, but it may not be sufficient to pay all your medical bills. You cannot collect full damages for your injuries if the liable driver doesn’t have enough coverage.
Liability
The liable driver must pay for your injuries and damages in many states. Liability can be challenging to prove, and if there are any questions about who caused the accident, it can affect the case value.
Age And Health
A serious motorcycle accident injury can be worth more or less based on the injured person’s age and health.
For example, a severe injury to a younger person can involve more compensation for lost earnings because of their age and education. On the other hand, the same injury to an older person can be worth less because they’re retired.
However, a severe injury can be worth more for an older person in poorer health. It can take much longer for them to heal and recover than for a younger, fitter person.
Lost Income
Someone with severe injuries and long-term earnings loss will have a higher settlement than someone who was out of work for a few weeks. For example, brain and organ damage can completely disable you so you cannot work. Your attorney will negotiate for lost earning capacity compensation, which will add considerably to your settlement.
Pain And Suffering
You may have severe pain from a motorcycle accident or a severe injury. This claim will be worth more than a minor injury with less pain. For example, a motorcycle accident with soft tissue injuries will be less painful than one with broken bones and severe road rash.
An experienced motorcycle accident attorney will hire medical professionals to document the degree of pain and suffering you experience from your injuries.
Mental Anguish
You can have severe mental anguish from your injuries, such as road rash. This injury can cause scarring and disfigurement that lead to embarrassment, shame, depression, and anxiety.
Attorney Skill
An experienced motorcycle accident attorney adept in settlement negotiations and trials can help. Your attorney’s skill and experience can greatly influence your compensation. Always choose a personal injury attorney with years of experience in motorcycle accident settlements and trials.
Do You Need a Motorcycle Accident Attorney?
Yes, if another party caused the motorcycle accident. You deserve fair compensation for your medical bills, lost earnings, and pain and suffering. Some of the benefits of retaining a motorcycle accident attorney are:
Proving Fault
Your attorney will investigate the accident and collect critical information to prove fault. They can often obtain information that an average person cannot. For example, suppose a truck driver hits and injures you on your motorcycle. The driver may have fallen asleep after a long day.
Your motorcycle accident attorney can obtain the driver’s hours-of-service records and the truck’s black box data. This critical evidence can prove that the driver had driven for too long and may have fallen asleep. Attorneys and insurance adjusters are the only ones who can obtain this critical evidence.
Estimate Your Damages
Many motor vehicle accident victims don’t fully understand the damages, which can be disastrous with a serious motorcycle accident injury. For example, if you broke your back in a motorcycle wreck, you may not know that you should receive compensation for future medical expenses and lost earnings.
What if you don’t hire an attorney and sign a settlement document for a fraction of the money you deserve? Your recovery and future can be adversely affected.
Your motorcycle accident attorney is highly trained and experienced in estimating your full damages, including medical bills, lost income, loss of enjoyment of life, pain and suffering, and emotional anguish.
Negotiate With The Insurance Company
The more serious the injury, the more money is at stake and the more complex the insurance negotiations. The insurance adjuster for the liable driver will want to pay you minimally.
An experienced motorcycle crash attorney knows your approximate case value and understands the negotiation process. There will probably be several back-and-forth offers and counteroffers to settle the case. Rely entirely on your attorney to deal successfully with insurance negotiations while you focus on your recovery.
Find Medical Care, If Needed
You may have difficulty receiving medical care after a serious motorcycle crash injury if you cannot pay in full. Some doctors are reluctant to provide care if they will get stuck with the bill.
Your motorcycle accident attorney has existing relationships with medical professionals who may offer essential medical services and take their compensation from your settlement.
Who Can You Sue For Motorcycle Accident Damages?
Typically, another driver is held responsible for the accident. For example, another driver may have T-boned your bike in an intersection when they ran a red light.
However, you may recover compensation from other liable parties:
- Other drivers: Several drivers can be to blame for a motorcycle accident. For instance, a pileup on the highway can have two, three, or even more at-fault parties.
- Companies: Suppose a car driver, such as a delivery driver, was working when the crash occurred. In that case, you can sue the employer through vicarious liability.
- Product manufacturer: Sometimes, a vehicle or vehicle part manufacturer is liable for an accident, such as the brake manufacturer for the motorcycle or car.
- Government agency: A government agency may be responsible if it poorly designs the road or neglects its maintenance.
When Can You Resolve Your Motorcycle Accident Case?
Everything depends on the severity of injuries and the amount of damage. The more severe the accident and potential payout, the longer the case may take. Some less severe motorcycle accident claims settle within one or two months, especially if no one contests liability.
However, the insurance company will probably aggressively contest a serious motorcycle crash with potential damages of one million dollars. Expect the settlement to take at least several months. The case can take longer if the insurance company doesn’t provide adequate compensation and wants to go to trial.
A skilled motorcycle accident attorney will update you on the case's progress and expected resolution timeline. For time’s sake, it’s almost always best to take an out-of-court settlement. Most auto accident claims settle rather than go to litigation. That said, you may need to go to court if you want maximum compensation or if the insurance company rejects liability.
Speak To A Motorcycle Accident Attorney Today
Were you hurt in a motorcycle crash recently? You shouldn’t have to pay for your medical bills and lost income if another person caused the accident.
Retain a skilled motorcycle accident attorney to represent you. They will work tirelessly to prove liability and maximize your compensation.
Speak to an experienced St. Louis personal injury lawyer in your area today! Don't wait — the sooner you get legal help, the better your chances of securing a fair settlement.
