No matter how careful you are on your motorcycle, you can still get into an accident. Along with careless and negligent drivers and adverse weather conditions, road hazards cause many motorcycle accidents each year. Since motorcycles travel on two wheels and are much smaller and lighter than most other vehicles, they are more vulnerable to certain road conditions that would not affect cars and trucks as much.

Although you may worry about holding someone liable for your injuries, you may have options for obtaining compensation if a road hazard caused your motorcycle accident. Depending on your case and the road hazard involved, you may pursue compensation from local or state governments or other parties who created the conditions that led to your crash.

To learn of your options for pursuing compensation, get help filing your claim, and recover damages from the at-fault party, consult an experienced motorcycle accident lawyer as soon as possible.

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Road Hazards That Cause Motorcycle Accidents

Various road hazards can cause motorcycle accidents. Hazards can arise due to poor road conditions, inadequate maintenance, or the actions of other road users.

Road hazards that can endanger motorcyclists include:

• Potholes. Potholes occur when the road surface deteriorates, leaving irregular holes in the pavement. Motorcycles are more vulnerable to potholes than cars. Hitting a pothole can cause loss of control, instability, or even a crash.
• Debris. Debris can cause motorcycle accidents—leaves, rocks, tree limbs, or other natural objects that blow into the road. However, many times, debris can come from people littering or cargo falling off a vehicle. Debris can cause motorcycle accidents if the motorcycle strikes the object or the biker loses control when trying to avoid the hazard. Debris can also injure motorcyclists if it hits them when falling off a truck or bouncing off the road.
• Uneven pavement. Uneven pavement can result from road construction, weather, or poor maintenance. Sudden changes in the road surface, such as height variations, ruts, or bumps, can endanger motorcycles, leading to loss of traction and control. One common example is the so-called edge break between lanes on a highway or interstate, where crews left one lane’s pavement higher than the other.
• Road grooves. Some roads have grooves intentionally placed in them to channel ice, snow, or rain away from the road and create more traction for vehicles. Unfortunately, grooved payment can significantly reduce the motorcycle’s stability.
• Gravel or loose road surface. Loose gravel or other debris can reduce traction, making it easier for a motorcycle to slide or skid. We find these hazards on rural roads, construction zones, or areas that road maintenance neglected.
• Oil or fluid spills. Oil, coolant, or other fluids spilled on the road can create slippery surfaces, particularly on wet roads. Motorcycles have less stability and traction than four-wheeled vehicles, making them more susceptible to losing control on oil or fluid spills.
• Insufficient or obstructed signs. Missing, unclear, or obscured signs can lead to confusion for motorcyclists, especially when it comes to speed limits, curves, intersections, or other road conditions. Inadequate signs can increase the risk of accidents, as riders may not have sufficient warning or information to drive safely.
• Construction zones. Construction zones often leave uneven pavement, changes in road layout, reduced lane width, and other hazards. Inadequate signs or poorly marked construction zones can increase the risk of motorcycle accidents.
• Lack of guardrails or barriers. The absence of guardrails or barriers in certain areas, such as sharp curves, steep slopes, or near bodies of water, can increase the risk of motorcycles running off the road or colliding with hazards.
• Animal crossings. Wildlife crossings or areas with frequent animal activity can endanger motorcyclists. Collisions with animals, such as deer or smaller wildlife, can cause severe injuries or loss of control.
• Improperly marked or designed intersections. Inadequate intersection markings, unclear right-of-way indications, or poorly designed intersections can lead to confusion and increase the risk of motorcycle collisions.
• Railroad crossings. Motorcyclists should always cross railroad tracks perpendicularly to avoid getting the motorcycle’s tires caught in the tracks. Even if a motorcyclist exercises caution and tries to cross the tracks properly, they can still get into a crash because of wet or slippery tracks or maintenance issues around the crossing.
• Expansion or bridge joints. Many roads and bridges contain expansion joints to prevent cracks from forming in concrete. However, some expansion joints have wide gaps that can catch a motorcycle’s tire and cause the biker to crash.

Reporting hazardous road conditions to the appropriate authorities can improve safety for all road users.

If a road hazard caused your motorcycle accident, the facts and circumstances of your case will determine your options for pursuing compensation. Contact a motorcycle accident attorney immediately for a review of your case and advice on your options.

What Types of Compensation Can I Receive?

Motorcycle accidents can cause serious, life-altering injuries to bikers and their passengers. In the worst cases, motorcyclists die from their injuries. If you suffered serious injuries in a motorcycle accident, you have likely incurred substantial medical expenses and other out-of-pocket costs, and may need to miss work while you recover.

Depending on the severity of your injuries, who caused the crash, and other factors, you could recover:

Economic damages. To cover the financial losses you incurred, such as:

• Medical bills
• Lost income
• Loss of earning capacity
• Physical therapy and rehabilitation
• Costs to repair or replace your motorcycle

Non-economic damages. To cover the intangible losses you incurred as a result of your injuries, including:

• Pain and suffering
• Emotional distress
• Disfigurement
• Post-traumatic stress disorder
• Loss of enjoyment of life

If the motorcycle accident killed a close family member, you may also receive compensation for funeral expenses and burial costs, medical expenses, loss of consortium, and other damages through a wrongful death claim.

What Should I Do After a Road Hazard Caused My Motorcycle Accident?

Despite the trauma and fear immediately following a motorcycle accident, take these steps to ensure your safety and well-being and protect your rights and legal interests:

• Get medical treatment. This goes for you as well as your passengers. If the accident caused serious injuries, call 911 and get victims to the hospital. Even if you don’t feel seriously injured at the scene, get a medical exam as soon as possible. Some internal injuries may not show symptoms right away, or you may need imaging tests to determine the extent of your injuries. Regardless, you will need documentation you suffered injuries and received treatment to file an injury claim.
• Document the scene and your injuries. Take photos or videos of the crash scene and document as much evidence as you can. Document the road hazard that caused your wreck and any road signs that may have contributed to the crash, or their absence. Photograph your motorcycle’s damage as well as your injuries and anything else you feel contributed to the cause or result of the accident. Keep copies of all this information in a secure location.
• Report the accident. You must, by law, report any accident involving injuries or death. Call local law enforcement to the scene. The police will draft an official report of the accident, and you will need this when you file your claim.
• Get witness information. Obtain statements from any witnesses to the crash and get their contact information. This could help determine the cause of the crash and establish liability.
• Get insurance information. Get the contact and insurance information of any other drivers involved in case you have to file a claim with their insurer.
• Notify your insurance company. Report the accident to your insurance company as soon as possible. Provide them with the necessary details and cooperate with their investigation. However, do not discuss the accident. Consult your attorney before providing a recorded statement and let your motorcycle accident lawyer handle all communications with the insurance company.

Contact an Experienced Motorcycle Accident Attorney

As soon as you can, consult a personal injury attorney who has experience handling motorcycle accident claims, particularly those arising from road hazards. A lawyer can evaluate your case, determine liability, and guide you through the legal process. They can also protect your rights, gather evidence, and deal with insurance companies. A personal injury attorney in Tampa can fight for you and increase your chances of obtaining the fair compensation you deserve for your motorcycle accident caused by a road hazard.

Request A Free Consultation Today!

Boohoff Law P.A. – Seattle Office

2200 6th Avenue, Suite 768 Seattle,
WA 98121

Phone: (877) 999-9999

Like all other states, Washington governs how motor vehicle drivers must operate their vehicles and behave while behind the wheel, including motorcyclists. Even if motorcyclists follow the laws and safety guidelines, they can still get into accidents if other drivers do not drive cautiously. Unfortunately, motorists who violate traffic laws cause many motorcycle accidents each year throughout the state.

The following article lists some of the common law violations other drivers make that lead to motorcycle accidents. We hope they help you take measures to stay safe while riding your motorcycle.

If you already suffered injuries or lost a loved one in a motorcycle accident a negligent, reckless, or careless motorist caused, you can obtain compensation for your injuries and losses. Reach out to an experienced Washington motorcycle accident lawyer today to discuss your options.

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Common Traffic Violations That Lead to Motorcycle Accidents

Motorcycle accidents can result if other drivers violate traffic laws or don’t watch their surroundings. Some common traffic violations that can lead to motorcycle accidents include:

Failure to Yield the Right of Way

This violation occurs when a driver fails to give the right of way to a motorcyclist at an intersection, when changing lanes, or when turning. It can result in a collision if the motorcyclist does not receive the appropriate space and time to maneuver safely.

Speeding

Excessive speed reduces the time a driver has to react to changing road conditions. Speeding also increases stopping distances and makes it more difficult to control a vehicle. Driving too fast can lead to severe accidents, especially to a motorcyclist, as motorcycles are more vulnerable and less stable than cars.

Speeding does not necessarily mean exceeding the posted speed limit. During rain, snow, and other inclement weather, drivers can drive too fast for conditions. Even though they might not travel at high speeds, they may travel too fast for current road conditions.

Driving Too Slowly

Conversely, drivers who drive too slowly can cause serious motorcycle accidents. Washington requires that vehicle drivers travel at a minimum speed on certain roads, such as divided highways and interstates. When people drive too slowly in the left lane, for instance, they can force other drivers to pass them on the right. These scenarios can lead to multi-vehicle pileups, or a vehicle could collide with a motorcycle while trying to pass the slow motorist.

Distracted Driving

Any form of distracted driving, such as texting, talking on the phone, eating, or adjusting vehicle controls, diverts the driver’s attention from the road and can result in a failure to notice motorcyclists, leading to accidents.

Following Too Closely

Tailgating, or following a motorcycle too closely, reduces the time available for the following driver to react to sudden changes in traffic or road conditions. If a motorcyclist must suddenly stop or swerve, the following vehicle may not have time to avoid a collision.

Improper Lane Changes

When drivers fail to check their blind spots or use their turn signals while changing lanes, they can easily collide with a motorcyclist. Motorcycles are smaller and more difficult to see, so drivers need vigilance when changing lanes.

Not Using Turn Signals

Washington law requires drivers to use their turn signals when switching lanes or turning. The law also prohibits drivers from stopping or suddenly reducing their speed without first giving an appropriate signal. If a driver does not signal their intentions to turn or change lanes by signaling, a motorcyclist will likely have no way of knowing the driver’s plans and may have no time to avoid a collision.

Running Red Lights or Stop Signs

Ignoring traffic signals or stop signs can cause motorcycle accidents. Failing to stop at a red light or stop sign puts motorcyclists at risk as they cross intersections or travel through them.

Driving Under the Influence

Operating a vehicle while intoxicated by alcohol or drugs significantly impairs a driver’s judgment, coordination, and reaction time. This can lead to severe accidents involving motorcycles. The Washington Traffic Safety Commission claims around 50 percent of all fatal traffic accidents involve drug or alcohol impairment, and on average, around 150 die each year between July and September in accidents caused by intoxicated drivers.

What Should I Do After a Motorcycle Accident in Washington?

Following a motorcycle accident in Washington, here’s how you can protect your well-being and your legal rights:

• Ensure your safety. Prioritize your safety and the safety of others involved. Move to a safe location if possible, away from traffic and potential hazards. If the crash injured you or anyone else, call emergency services immediately for medical assistance.
• Contact law enforcement. You must report an accident involving injuries to law enforcement. Contact 911 to report the accident and wait for the police to arrive at the scene. They will create an official report documenting the details of the accident, which your motorcycle accident lawyer can use in insurance claims and legal proceedings.
• Exchange information. Exchange contact, insurance, and driver’s license information with the other parties in the accident. Obtain the names and contact details of any witnesses present as well.
• Document the accident. If you physically can, take photos or videos of the accident scene, including the position of the vehicles involved, property damage, skid marks, and any other relevant details. These visual records can serve as evidence later. If your injuries required emergency treatment, have someone record the footage or contact a local attorney for assistance.
• Seek medical attention. Even if you didn’t sustain life-threatening injuries or didn’t feel immediate pain or notice any obvious serious injuries, seek a comprehensive medical evaluation as soon as possible. Some injuries may not manifest symptoms immediately, or you may need imaging tests or other diagnostic procedures to diagnose any internal injuries. Keep a record of your medical treatment and follow all medical advice.
• Notify your insurance company. Even though Washington is an at-fault or tort state, meaning the at-fault driver must pay for your injuries, report the accident to your insurance company as soon as possible. Provide them with accurate information about the accident. Refer them to your motorcycle accident lawyer for details.
• Preserve evidence. Keep all relevant documents, such as medical records, accident reports, and correspondence with insurance companies, in a safe place. These documents can support your claim and assist your attorney in building a strong case.
• Be cautious with statements. Avoid admitting fault or making any statements about the accident to anyone other than the police or your attorney. The insurance company can use anything you say against you in negotiations or legal proceedings.
• Follow legal deadlines. In most cases, you have three years after the accident to initiate legal action. However, consult an attorney to understand the specific deadlines applicable to your case.
• Consult an attorney. Among the first things you should do is contact an experienced motorcycle accident attorney. They can provide guidance, protect your rights, and gather evidence, negotiate with insurance companies, and file a personal injury lawsuit if necessary.

Remember that every accident is unique, and the steps you should take may vary based on the circumstances. Consulting an attorney who specializes in motorcycle accidents in Washington can provide you with personalized advice and guidance based on your specific situation.

How Do I Prove Liability in a Motorcycle Accident?

Proving liability in a motorcycle accident typically requires gathering evidence and establishing that a negligent party caused the accident. Due to the complex and confusing process, consult a Washington motorcycle accident attorney for assistance.

A lawyer will have the legal knowledge and resources to handle your claim efficiently, and they will work to build your claim and establish liability by:

• Obtaining a police report. An attorney can contact the local police department and request a copy of the official police report of the accident. The report often contains important details about the accident, statements from involved parties and witnesses, and the officer’s assessment of fault.
• Gathering witness statements. A lawyer may also speak with any witnesses who saw the accident and ask for a written or recorded statement. Their statements can support your version of events and establish fault. Your attorney may also depose witnesses to provide testimony if your case goes to trial.
• Gathering evidence. An attorney will also have the resources to collect as much evidence as possible to support your claim. This can include using accident reconstruction professionals and other industry experts to prove the other driver’s negligence.
• Documenting your injuries and damages. A lawyer can also keep detailed records of your injuries, medical treatments, and related expenses. This includes medical bills, prescriptions, rehabilitation costs, and any other out-of-pocket expenses resulting from the accident. They can photograph your injuries to show your damages.

All drivers owe an inherent duty of care to others on the road. To establish liability, your attorney must show that the motorist breached that duty through their negligent, reckless, or careless actions. The breach of duty caused the accident, and you suffered injuries and damages as a result.

By collecting and using as much evidence as possible to support your claim and establishing the other driver’s liability, your attorney can greatly increase your chances of holding the other driver accountable and helping you get the financial compensation you deserve.

To enhance your safety on the road:

• Wear protective gear. Washington requires motorcyclists and their passengers to wear helmets.  Wear a helmet that meets safety standards to protect your head in an accident. Additionally, wear protective clothing, including a jacket, pants, gloves, and boots designed for motorcycle riding, to safeguard your body against injuries.
• Follow traffic laws. Observe all traffic laws and regulations, including speed limits, traffic signals, and lane markings. Adhering to these laws reduces the risk of accidents and helps other drivers predict your actions.
• Be visible. Increase your visibility to other motorists by wearing bright, reflective clothing. Equip your motorcycle with reflective materials and use your headlights during the day. Position yourself in the lane where other drivers can best see you.
• Practice defensive riding. Assume that other drivers may not see you, and ride defensively to anticipate potential hazards. Maintain a safe following distance, cautiously enter intersections, and constantly scan your surroundings for potential dangers.
• Stay alert and focused. Avoid distractions while riding, such as using electronic devices or listening to loud music. Stay focused on the road, anticipate potential hazards, and prepare to react quickly to changing situations.
• Develop riding skills. Continuously work on improving your riding skills and knowledge. Consider taking a motorcycle safety course or advanced rider training to enhance your abilities and learn effective techniques for handling various situations.
• Pay attention and adapt to road conditions. Pay attention to road conditions and adjust your riding accordingly when you encounter wet or slippery surfaces, gravel, potholes, and uneven pavement that can significantly reduce your motorcycle’s stability and maneuverability.
• Use turn signals and communication. Clearly signal your intentions using your motorcycle’s turn signals and hand signals when appropriate. Make eye contact with other drivers when possible to ensure they see you and can anticipate your intended actions.
• Avoid riding under the influence. Never ride your motorcycle under the influence of alcohol, drugs, or medications that impair your judgment or coordination. Operating a motorcycle requires full focus and quick reflexes.
• Regularly maintain your motorcycle. Keep your motorcycle in good working condition by performing regular maintenance checks on brakes, tires, lights, and other crucial components. Proper maintenance helps ensure optimal performance and reduces the risk of mechanical failures.

Even if you follow all laws and safety requirements, you can still fall victim to a motorcycle accident through no fault of your own. If a negligent driver hits you or a defective component on your motorcycle fails and causes you to lose control and crash, you sustain serious injuries that require extensive medical treatment and therapy.

Contact a Washington Motorcycle Accident Attorney for Help

You try to remain safe on your motorcycle, but you can’t control the actions of others. If you suffered injuries or lost a close family member in a motorcycle accident another motorist caused by violating traffic laws, you consult an experienced personal injury attorney in Seattle today.

Request A Free Consultation Today!

Boohoff Law P.A. – Seattle Office

2200 6th Avenue, Suite 768 Seattle,
WA 98121

Phone: (877) 999-9999

Many people ride motorcycles for pure recreation or as their primary means of travel. Although motorcycles are fun to ride and economical, they do not offer the same protection against injury for riders and their passengers in motorcycle accidents. Therefore, motorcyclists can suffer serious injuries in relatively low-speed crashes that cause little or no harm to vehicle drivers and their passengers. In high-speed crashes, motorcycle accidents can cause severe and fatal injuries to motorcycle riders.

If you suffered any of the following serious injuries in a motorcycle accident, contact an experienced motorcycle accident lawyer for advice regarding your options for obtaining compensation.

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Types of Motorcycle Accident Injuries

Motorcycle accidents can result in a wide range of severe or even life-threatening injuries due to a motorcycle’s lack of doors, side panels, roof, and other enclosures.

Some common motorcycle accident injuries include:

• Traumatic brain injuries (TBI). Any blow or impact to the head can also cause serious traumatic brain injuries. TBIs are a significant concern in motorcycle accidents, even if the rider wears a helmet.
• Road rash. Road rash occurs when a rider’s unprotected skin scrapes along the road during a crash. It can range from mild abrasions to deep lacerations, resulting in infection, scarring, or nerve damage.
• Fractures and broken bones. The impact of a motorcycle accident can lead to broken bones, commonly involving the arms, legs, ribs, wrists, or collarbones. These injuries often require immediate medical attention, immobilization, and sometimes surgical intervention.
• Spinal cord injuries. Motorcycle accidents can cause spinal cord injuries, leading to partial or complete paralysis. Damage to the spinal cord can result in permanent disabilities and affect motor and sensory functions below the injury.
• Limb injuries. Motorcycle accidents commonly cause trauma to the arms, legs, hands, and feet. This includes sprains, strains, dislocations, and severe injuries that require amputations.
• Internal injuries. Motorcycle accidents can cause internal injuries, including damage to organs such as the liver, spleen, lungs, or kidneys. Internal bleeding is a significant concern and requires immediate medical attention.
• Facial injuries. Facial injuries, such as fractures to the jaw or cheekbones, eye injuries, or dental damage, can occur due to impact with the motorcycle, other vehicles, or the road surface.
• Psychological trauma. Along with physical injuries, motorcycle accidents can also lead to psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, depression, or other mental health conditions. These often overlooked injuries can have a long-lasting impact on the individual’s well-being.

Following a motorcycle accident, get a prompt medical evaluation regardless of how you feel. Even if you don’t notice any signs of injury, a doctor can order imaging tests, such as X-rays and MRIs, to determine if you have any internal injuries. To file an injury claim and obtain compensation for your injuries, you will need documentation that you received treatment. You will also need documentation of your treatment costs and other associated expenses. Contact a motorcycle accident attorney to gather the documentation and evidence you need.

What Compensation Can I Get After a Motorcycle Accident?

Following a motorcycle accident where you sustained injuries or damages, you may obtain compensation from the at-fault party. The compensation available to you will depend on the accident, the extent of your injuries, and the laws of the jurisdiction where the accident occurred.

Common compensation you may pursue includes:

• Medical expenses. You can seek compensation for all reasonable and necessary medical expenses related to your injuries, including hospital bills, surgeries, medications, rehabilitation, physical therapy, and ongoing medical treatment.
• Lost income. If your injuries prevent you from working, you may receive compensation for the income you lost during your recovery. This includes both past and future lost income or diminished earning capacity due to your injuries.
• Pain and suffering: You may also pursue compensation for the physical pain, emotional distress, and mental anguish you experienced because of the accident and your injuries. This subjective compensation takes into account the severity and duration of your suffering.
• Property damage. If the accident damages or destroys your motorcycle, you can seek compensation for the cost of repairs or the fair market value of your motorcycle if the accident totaled it.
• Wrongful death damages. If the motorcycle accident killed a close family member, you may pursue a wrongful death claim if you were their spouse, child, parent, or other qualified family member. You could obtain funeral expenses, loss of financial support, loss of companionship, and loss of consortium.
• Punitive damages. In cases involving particularly reckless or egregious actions, the court may award punitive damages on top of any other damages you receive. Punitive damages punish the responsible party and deter similar conduct, and your attorney can discuss with you whether you should take your case to court to pursue these damages.

Regardless, your lawyer can sit with you and evaluate the extent of your injuries and calculate the amount of compensation you need. They can then deal with the insurance company and negotiate to get the insurer to pay you all you deserve.

Why Do I Need an Attorney After a Motorcycle Accident?

Obtaining compensation after an accident involves a complex legal process that requires the skills and knowledge of an experienced personal injury attorney.

A lawyer can help with your motorcycle accident injury claim through:

• Legal knowledge. An experienced motorcycle accident attorney will understand the relevant laws, regulations, and court procedures, and can provide you with sound legal advice tailored to your situation.
• Protect your rights. Insurance companies and at-fault parties may minimize your claim or shift blame onto you to reduce their liability. An attorney protects your rights, and a lawyer can represent your best interests throughout the legal process.
• Investigation and evidence gathering. An attorney will thoroughly investigate the circumstances surrounding your accident. They will gather accident reports, witness statements, medical records, and any other relevant documentation to build a strong case on your behalf.
• Determine liability. An attorney can assess the evidence, examine witness testimony, and work with accident reconstruction experts if necessary to establish fault and liability accurately if multiple parties contributed to your accident or they dispute liability.
• Negotiate with insurance companies. Insurance companies often try to settle claims for the lowest possible amount. An attorney will handle all communication and negotiations with the insurance company, ensuring that you receive fair compensation for your injuries, damages, and other losses.
• Maximizing compensation. An experienced attorney understands the full extent of damages you may receive. They will help you evaluate and quantify your losses, including medical expenses, lost income, pain and suffering, and other applicable damages. This allows them to pursue maximum compensation for you.
• Trial representation. If your case proceeds to trial, an attorney with trial experience can present your case effectively, cross-examine witnesses, and advocate for your rights in court to seek a favorable verdict.

One of the most important benefits of having a motorcycle accident claim for you is that they can provide you with peace of mind. Dealing with a motorcycle accident can overwhelm you physically, emotionally, and mentally. By hiring an attorney, you can focus on your recovery and well-being while knowing that a skilled professional will handle your legal case.

Wear Protective Gear

Always wear a helmet that meets safety standards, along with appropriate protective clothing such as a jacket, pants, gloves, and boots. This gear can provide essential protection for the head, body, and extremities in case of a crash or slide.

Attend Motorcycle Safety Courses

Take part in motorcycle safety courses or rider training programs. These courses teach essential skills, defensive driving techniques, and strategies for maneuvering in different road and weather conditions.

Observe Traffic Laws

Follow all traffic laws and regulations, including speed limits, signaling, and lane positioning. Pay attention to your surroundings, anticipate potential hazards, and ride defensively.

Maintain Your Motorcycle

Regularly inspect and maintain your motorcycle in proper working condition. Pay attention to the brakes, tires, lights, and other vital components. Proper maintenance can prevent mechanical failures that may lead to accidents.

Be Visible

Wear brightly colored or reflective clothing to enhance your visibility to other motorists. Use your motorcycle’s headlights at all times, even during the day. Signal your intentions clearly and make eye contact with other drivers when possible.

Stay Alert and Avoid Distractions

Concentrate on the road and avoid distractions such as using mobile devices or listening to music through headphones. Keep your focus on the traffic and potential hazards around you.

Watch for Road Conditions

Road conditions that may increase the risk of accidents, such as potholes, gravel, wet or slippery surfaces, or uneven pavement. Adjust your riding style accordingly to maintain control of your motorcycle.

Increase Following Distance

Maintain a safe distance from the vehicle ahead of you to allow ample time to react and maneuver in case of sudden stops or emergencies.

Ride Within Your Skill Level

Know your limitations and ride at a speed that matches your experience and skill level. Gradually build up your riding skills over time.

Even if you take all precautions and ride defensively, accidents can still occur. Purchase appropriate insurance coverage and seek legal advice if you are in a motorcycle accident to protect your rights and ensure proper compensation for injuries.

Contact an Experienced Motorcycle Accident Attorney for Help

Although you try to remain as safe as possible when riding your motorcycle, you cannot control the actions of others on the road. A negligent motorist could strike you at any time or create conditions that lead to a serious motorcycle accident. When this occurs, consult an experienced personal injury attorney in Tampa as soon as you can to get a complete review of your case and help in pursuing the compensation you need and deserve.

Request A Free Consultation Today!

Boohoff Law P.A. – Seattle Office

2200 6th Avenue, Suite 768 Seattle,
WA 98121

Phone: (877) 999-9999

Imagine you’re out on your motorcycle and get into a crash. You may be terrified and unsure of what to do next. After assessing the situation and calling for emergency assistance, you start to feel pain, so you receive medical treatment. Then, you begin to process what just happened, and you need legal counsel to help protect your legal rights and secure financial compensation.

If you or a loved one has suffered an injury in a motorcycle accident, contact an experienced attorney in your area. Do not delay. Get a motorcycle accident attorney and start building your legal team immediately.

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Steps to Take After a Motorcycle Accident

Get Medical Help

Seek medical help immediately after an accident. Many accident victims suffer from injuries after a crash. You should speak to a medical professional to protect your physical condition.

Some injuries do not present themselves until after a physical examination. For example, you may be suffering from a concussion because of a crash. An untreated head injury can cause long-term damage.

Treating your physical injuries immediately after the accident can also help your lawsuit. Insurance companies often claim that the accident did not cause the injuries an accident victim claims if they delay treatment. They may even attempt to use the time between the crash and seeking treatment as proof that something other than the crash caused your injuries.

Avoid Speaking to the Insurance Company

Avoid speaking to the opposing insurance company after an accident. The other motorist’s insurance company is not on your side, no matter how accommodating they seem. Insurance companies use some common tactics to reduce the amount of money they pay out. Many insurers try to avoid making payments at all.

Some of the common tactics insurance adjusters use to avoid making payments include:

• Blame-shifting to the victim
• Downplaying your injuries
• Disarming you with polite encounters
• Misrepresenting insurance benefits and policy limits
• Refusing to pay for medical care
• Disputing the need for specific medical treatments and procedures
• Offering a trivial initial settlement quickly after the accident occurs

An insurance company may ask you to give a recorded or written statement. You should avoid giving a statement before speaking to an attorney. Insurance companies bet on the idea that you are inexperienced with accident cases and will fall for some of their tricks. Do not find yourself the victim of an insurance company.

Get Legal Advice

If you have been in a motorcycle accident, you need legal advice to protect your rights and ability to recover financial compensation. You should speak to an attorney as soon as possible after a traffic accident.

An experienced accident attorney can help you in various ways throughout your case. Each of these ways can help you access the full compensation available after a crash. Some of the ways retaining legal counsel can help improve the outcome of your case include:

Negotiating With the Insurance Company

Settlement negotiation is a complex stage of a motorcycle accident lawsuit. Importantly, most accident claims settle, but it’s critical to make sure that you obtain the compensation you deserve. Once you settle, it’s nearly impossible to go back and get additional compensation for the same accident.

Accident attorneys can help you get the most out of settlement negotiation. Many unrepresented accident victims do not realize the extent of their losses and what money they may be entitled to. Having an experienced negotiator can help you avoid leaving money on the table.

Help You Prepare for Trial

Motorcycle accident trials tend to be long and complicated. If you do not have an attorney working with you, an insurance company and its defense lawyers may try everything to exhaust you during a trial. You need a legal team that can match their resources and goes blow for blow as they seek justice on your behalf.

Speak to Debt Collectors for You

After an accident, healthcare providers may start calling you and demanding payment for the services you received. The calls and other correspondence can cause unnecessary stress and prolong your recovery. Your legal team can field those calls for you so you can focus on your physical recovery.

Help You Identify Your Damages and Manage Your Expectations

Many accident victims do not know what they may recover after an accident. An accident attorney can help identify each loss you have suffered and build a case to get you the money you need to recover.

Avoid Social Media

After an accident happens, avoid posting to social media. Insurance companies will pounce on every sign they see that will allow them to shift the blame away from the insured. Today, people tend to use their social media like a diary. It is easy to make a mistake and post a comment that the other side can use against you. For example, an insurance company can even use a post of you out to dinner with friends after your accident to argue that your injuries are not as serious as you are claiming.

How Common Are Motorcycle Accidents?

Unfortunately, many motorcycle accidents happen across the country each year, and they are often deadly. According to the United States Department of Transportation, thousands of motorcyclists die yearly.

The department reported the following statistics:

• 5,579 motorcyclists died in traffic crashes across the country in a recent year
• The number of motorcyclist deaths increased by 11 percent from the previous year
• Of all motor vehicle deaths that happened, 14 percent involved motorcyclists
• 60 percent of motorcyclists that were fatally injured were wearing a helmet at the time of the accident
• 27 percent of motorcycle accidents involved a motorist with a blood alcohol concentration level of 0.08 percent or higher
• Of all motorcyclist accidents, 41 percent were single-vehicle crashes
• Many motorcycle drivers were killed at night (between 9 p.m. and 6 a.m.)

The National Highway Traffic Safety Administration also reports that:

• 61 percent of motorcycle accident deaths happen in cities
• 39 percent of accidents happened in rural areas
• Most accidents (66 percent) happened outside of intersections
• 34 percent of motorcycle accidents happened at intersections
• In accidents involving at least two vehicles, motorcyclists were hit head-on in 76 percent of deadly crashes, and rear-ended in seven percent of cases.

Common Causes of Motorcycle Accidents

Drivers and motorcyclists alike must follow traffic laws. When motorists fail to follow traffic laws, accidents can happen. If you or a loved one has suffered an injury in a motorcycle accident, you should contact an experienced accident attorney to protect your legal rights and access to compensation. Some common causes of car accidents include:

Recklessness

A driver is reckless when they drive with disregard for the safety of others on the road. Motorcyclists are at a greater risk of suffering from severe injuries if they get into an accident with a reckless driver because their vehicles do not have the same protective vehicle body as passenger vehicles like cars and trucks.

Carelessness

Careless driving happens when a driver makes avoidable mistakes. Examples of careless driving include failure to check blind spots, failing to yield, blowing through stop signs, and not looking before changing lanes.

Distracted Driving

A driver taking their attention off driving can lead to a distracted driving accident. Anything can cause a distracted driving accident, including texting, eating, changing music, checking the navigation, talking to passengers, etc. An accident can happen in seconds, so drivers should always keep their attention on the road.

Impaired Driving

Driving under the influence of drugs and alcohol can cause serious accidents. Operating a vehicle while intoxicated is illegal. No driver should get behind the wheel after consuming illegal drugs or too much alcohol.

Fatigued Driving

You may not think of it as a common cause of traffic accidents, but driving without adequate rest can lead to an accident. Fatigued drivers have reduced reaction times and may experience microsleep when they nod off for even a second. Microsleep may cause an accident.

Poorly Maintained Roads

The city or state must properly maintain the roads. If the roads are littered with cracks and potholes or have other problems, the city or state may be liable for causing the accident. Suing a government entity is challenging. You will need an attorney to help you recover the losses you may be entitled to from a government defendant.

Defective Parts

Poorly manufactured vehicles with faulty parts can cause accidents. An accident caused by defective parts can bring an automobile manufacturer into a lawsuit. Manufacturers should always put safe products into the marketplace; failure to do so can open manufacturers up to legal liability.

Speeding

Speeding is one of the most common causes of traffic accidents. If a driver speeds, they may be unable to control their vehicle or brake in enough time to avoid an accident.

Disobeying Traffic Laws

Every driver must follow traffic laws and obey all traffic signs. For example, if a driver fails to yield the right-of-way, they may cause an accident. Another example is if a driver speeds up to make a yellow light, they risk colliding with another vehicle and causing severe injuries.

How Do I Prove My Motorcycle Accident Case?

Motorcycle accident claims are negligence actions. A negligence action has four elements, and victims must prove each to win their cases. The elements of a negligence action are duty, breach, causation, and damages.

Duty

Every motorist must drive with reasonable care. Reasonable care means that everyone on the road must work to avoid accidents and injuries. Drivers must follow traffic rules, drive while sober, avoid driving while tired or distracted, and maintain their vehicles.

Breach

Breach of duty happens when a motorist fails to act reasonably. A breach can happen if a driver runs a red light, runs a stop sign, speeds, or does anything else that will cause an accident. When a breach happens, the results can be severe. Drivers who breach their duty should pay for the damages they cause to others.

Causation

This may present the greatest challenge in a negligence case. Insurance companies and defense attorneys work overtime to prove that another person or entity is at fault for causing the accident. An accident attorney will help you defend yourself against opposing parties and protect your rights.

Damages

Each accident plaintiff must prove damages. Damages are any losses a motorcycle accident victim may have after a crash. Injuries can include medical bills, current and future lost income, lost earning capacity, pain, and suffering, mental anguish, emotional trauma, etc.

Each of these elements must be proven to a jury for a motorcycle accident plaintiff to recover compensation. An attorney can help you build a case and persuasively present evidence that may help you win your case and recover the financial and other losses you have sustained because of the accident.

Call a Motorcycle Accident Attorney Today

If you have suffered injuries in a motorcycle accident, you should reach out to a lawyer immediately. You deserve to recover for the losses you sustained after an accident, and the insurance company is definitely not on your side.

There is no reason for you to go through the aftermath of a motorcycle crash alone. Contact a personal injury lawyer in Tampa and start building your case today.

Request A Free Consultation Today!

Boohoff Law P.A. – Tampa Office

829 W Dr Martin Luther King Jr Blvd,
Tampa, FL 33603
Phone: (813) 725-5606

After a crash, insurance companies go all out to avoid taking responsibility for the incident. Insurance companies will try to shift the blame from their insured to you as they attempt to reduce their exposure to liability for an injury. They will try to claim that you are partly at fault for causing your motorcycle accident and you are a “reckless” biker. Fortunately, you can protect your legal rights by retaining a lawyer immediately.

Never believe an insurance company when they try to blame you for your crash. This is a common tactic they use against motorcyclists to avoid taking responsibility for your injuries and losses. You need a motorcycle accident attorney to fight against the insurance company, defense lawyers, and potentially liable parties that want to avoid responsibility for causing your injuries.

If you have suffered an injury in a motorcycle accident, contact a motorcycle  accident attorney in your area to learn more about your legal right to compensation.

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Potential Defendants in Motorcycle Claims

There can be many potential defendants in a motorcycle accident lawsuit. Consider the number of people motorcyclists share the road with; any of those drivers can cause an accident.

Examples include:

• Other motorists
• Bicyclists
• Bus drivers
• Auto part manufacturers
• City or state governments

Identifying and naming each potentially responsible party in a lawsuit is vital. Naming all potential defendants improves the likelihood of a full financial recovery at the end of a lawsuit.

Examples of Driver Negligence in a Motorcycle Accident

Motorists can act in many negligent ways that cause traffic accidents. Some drivers get behind the wheel and act in a way that puts others, including motorcyclists, in danger of suffering from a severe or fatal injury. Drivers act negligently in some of the following ways:

Distracted Driving

Distracted driving happens when a driver takes their attention away from driving. Three categories of distracted driving are visual, cognitive, and manual. Each type of distracted driving is negligent and can cause massive accidents.

Driving While Impaired

Driving while under the influence of drugs or alcohol can lead to deadly traffic accidents. According to the National Highway Traffic Safety Administration, 54 Americans die every day in an accident with an impaired driver.

Traffic Violations

When drivers fail to follow traffic laws, they endanger everyone who shares them.

Drivers should follow the traffic laws and avoid:

• Failing to yield the right-of-way to motorcycles.
• Speeding.
• Running red lights.
• Failing to watch for motorcycles as they merge onto the highway.
• Running stop signs.
• Unsafe passing/lane changes.

Types of Motorcycle Accidents Caused by Driver Negligence

Normal passenger vehicles outweigh motorcycles by several hundred pounds. Along with the difference in weight, motorcycles do not have the protection that passenger vehicles have. Because of these differences, when motorcycles get into accidents with other passenger vehicles, the motorcyclist faces a greater risk of a severe or fatal injury.

Examples of accidents that a negligent driver typically causes include:

Rear-End Collisions

Rear-end collisions usually happen when a driver is either following too closely to the motorist ahead of them or the driver is speeding and does not have enough time to stop before colliding with the motorist in front of them. If a motorcyclist is involved in a rear-end collision, they may be thrown from their bike and risk severe injuries.

Head-on Collisions

Head-on collisions severely impact motorcyclists. The size difference between the motorcyclists and the passenger vehicle can leave the biker with broken bones, head injuries, and even a fatal injury.

Sideswipe Accidents

A sideswipe accident happens when a driver travels too closely on either side of a motorcyclist and collides with the side of the vehicle. Sideswipe accidents are hazardous for motorcyclists because the other vehicle can hit them directly.

T-bone Accidents

A T-bone accident can be deadly to motorcyclists. These accidents generally happen when drivers run a red light or a stop sign. The driver may run into motorcyclists, or motorcyclists may make contact with the side of a driver’s vehicle. No matter how the accident happened, the motorcyclist is at greater risk for injury or death.

Proving Fault in a Motorcycle Accident

Proving fault is an essential part of every motorcycle accident lawsuit. It can be an uphill climb to prove that another driver caused the accident and should pay for your injuries. Drivers can negligently cause traffic crashes in various ways. Here are a few ways that motorcycle accident victims can prove fault include the following.

Where Can I Find Evidence of Who’s at Fault for a Motorcycle Accident?

Your attorney will want to help you prove that the accident was not your fault. Begin gathering evidence to prove your motorcycle accident claim immediately. Some examples of evidence that can help prove that someone else was at fault include:

Medical Evidence

Your medical record will have some of the most important evidence of your injuries. In some cases, the way in which you sustained your injuries may make it clear that the other driver was at fault. Make sure that your medical records are complete by following your doctor’s instructions. It is easier to show the extent of your harm and your need for ongoing treatment if you are compliant with your doctor’s wishes.

Organize your medical bills, too. Making your medical bills readily available can help your attorney calculate your ongoing financial losses related to the accident.

Expert Medical Testimony

Some motorcycle accident cases require the use of an expert medical witness. Expert medical witnesses are physicians that did not originally treat you for your injuries. They review your records and make findings about the cause of your injuries and the likelihood of a permanent effect the injuries may have on your life. Medical experts also bolster the connection between the accident and your injuries.

The Police Report

The responding police officer will create an accident report at the scene. In their report, the officer will make an initial determination regarding liability. Insurance companies will often use the narrative section of the police report to make a finding of fault. Neither the police report nor the insurance company’s findings are the final decision on fault.

Recovering Damages After A Motorcycle Crash

The types of compensation available in a motorcycle accident vary depending on the facts of your case. Generally, motorcyclists are legally entitled to financial compensation for their losses if they suffer an injury.

Types of compensation motorcyclists may recover if they suffered an injury in an accident can include:

• Current and future lost income.
• Current and future medical bills.
• Property damage.
• Pain and suffering/ mental and emotional trauma.

Current and Future Lost Income

If your injuries cause you to lose time at work or leave you unable to return to work, you may recover damages for lost income. Sometimes injured victims can return to work, but not at the same rate or in the same position. When that happens, injury victims can recover from lost earning capacity.

Current and Future Medical Bills

You can recover for your losses incurred from doctor’s visits, emergency medical services, surgeries, rehabilitative costs, medical equipment, etc. You should never settle your accident claim without accounting for future medical needs. Remember, once you settle your case, there is no going back to the negotiating table.

Property Damage

You can recover your property damage. If another driver’s negligence damages your motorcycle, they might be responsible for your losses.

Pain and Suffering/ Mental and Emotional Damage

These are intangible losses related to the accident. Because evidence of these losses is not immediately apparent, having an attorney experienced in arguing for the recovery of these kinds of losses is beneficial if you believe that you are entitled to pain and suffering or mental and emotional trauma damages.

What Should I Do After a Motorcycle Accident?

What you do after an accident is vital to your case. Consider taking the following steps after a motorcycle accident.

Check for Injuries and Call 911

After a crash, if you are able, call for emergency assistance. The police officer responding to your accident scene will compile a report.

Get to a hospital as soon as possible. Treating your injuries is vital for your physical well-being and your accident lawsuit. Contemporaneous medical care can help you connect the accident with causing your injuries, which is helpful to your motorcycle accident lawsuit.

Notify Your Insurance Company

While it is not a good idea to speak to an opposing insurance company without talking to your attorney first, your insurance policy may require you to report an accident as soon as it happens. Check the terms of your policy to ensure you are compliant.

Submit the Accident Report

Some states require motorists that were involved in an accident to submit the accident report to the Department of Motor Vehicles within a specified amount of time. Failure to submit the report may result in suspension or loss of your license. Speak to your attorney about these requirements.

Contact an Attorney

Contact an experienced motorcycle accident attorney as soon as possible after a crash. You should avoid speaking to the other driver’s insurance company before consulting a lawyer. Your attorney will help protect your legal rights to compensation after an accident.

How Can An Accident Attorney Help Me After A Crash?

Your accident attorney will work with you to ensure you have access to the maximum compensation available. They will assist you at each stage of the case. Here are some ways your attorney will help your case:

Negotiate on Your Behalf

You may get immediate settlement offers from insurance companies looking to settle a case quickly for cheap. Insurance companies take advantage of vulnerable accident victims. An attorney will help you avoid settlement offers that are not best for you or will not cover your losses or anticipated future losses.

Prepare Your Case for Trial

Your legal team will prepare your case for trial. Trial preparation is a lengthy process. Your attorney will want to speak with potential witnesses, insurance adjusters, police officers, and expert witnesses. They will want to examine your medical records and bills, analyze accident footage, and scrutinize photographs of your injuries and property damage. Most importantly, your legal team will want to prepare you to present your case to a jury in the most compelling light.

Answer Questions and Provide Legal Advice

Having an attorney helps you avoid getting lost in the maze of online legal research. If you have questions about your claim during the pendency of your case, you can ask your attorney. Relying on the experience of your attorney can help you avoid unnecessary stress and frustration that comes from scrolling the internet.

Protect You From Blame Shifting

The opposing side will do nearly anything to avoid paying your damages. Unrepresented accident victims often fall victim to accepting partial liability for causing the accident even when they are not to blame. Having an attorney helps accident victims avoid blame-shifting. Insurance companies have lawyers, so you need one too. Creating your legal team enables you to have an advocate continuously fighting on your behalf.

Contact an Attorney Today

You deserve the support of a qualified motorcycle accident attorney after a crash. Do not let big insurance companies intimidate defense lawyers. Having an attorney means you have an advocate with experience and legal experience who can help you gain access to the compensation you need.
Contact a personal injury lawyer in Tampa today if you or a loved one has suffered an injury in a motorcycle accident.

Request A Free Consultation Today!

Boohoff Law P.A. – Tampa Office

829 W Dr Martin Luther King Jr Blvd,
Tampa, FL 33603
Phone: (813) 725-5606

The short answer to this question is yes. You should always have an attorney representing your legal interests after an accident. Lawyers are legal professionals trained to examine a case’s facts and decide the best way to resolve it. Motorcycle lawyers always keep their client’s best interests in mind, and if you trust your attorney, you can also trust you will get the best results available for your motorcycle claim.

Your attorney can ease the burden of proving each element of a motorcycle claim. Relying on your attorney allows you to focus solely on your physical recovery from your injuries. Let your lawyer take care of the legal side of things.

Continue reading to learn more about motorcycle accidents, how to prove your case, and the valuable resources that motorcycle accident attorneys provide.

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How Common Are Motorcycle Accidents?

According to the National Highway Traffic Safety Administration, the number of motorcyclist fatalities has increased while the number of motorcyclists injured in traffic accidents has decreased.

The following data represent nationwide statistics involving motorcyclist traffic accidents in one recent year:

• There were 5,579 total motorcyclist accidents across the country. This represents 14 percent of all reported traffic accidents across the country.
• The number of motorcycle accidents that occurred nationwide increased by 11 percent.
• Twenty-seven percent of the accidents reported involved an impaired motorcyclist.
• The number of motorcyclist traffic accident fatalities involved a higher rate of alcohol involvement. The breakdown is as follows:
  • Twenty-seven percent were motorcyclists.
  • Twenty-three percent were operating passenger vehicles.
  • Three percent were operating large commercial trucks.
  • Nineteen percent were driving light trucks.
• Forty-one percent of motorcyclists killed in single-vehicle crashes in 2020 were under the influence of alcohol.
• Motorcyclists killed in traffic accidents at night were three times more likely to be under the influence of alcohol.
• Fifty-seven percent of motorcyclists killed in traffic accidents were not wearing helmets in states without Universal Helmet Laws.
• Eleven percent of motorcyclists were wearing helmets and crashed in states with Universal Helmet Laws.

What Injuries Are Common In Motorcycle Accidents?

Motorcyclists are in particular danger when they hit the road. Bikers do not enjoy the covering that passenger vehicles do and, therefore, risk greater injury and the chance of death when an accident happens. Typical injuries involved in a motorcycle accident include:

Internal Injuries

These injuries are only detectable by a physical examination. It is critical that after a motorcycle accident, you see a doctor immediately. Internal injuries can have no outward expression, but that does not mean that they are not life-threatening.

Road Rash

Road rash happens when the biker’s body hits the ground, making direct contact with the street. Road rash is a type of burn that can be severe. Someone suffering from road rash may deal with skin irritation, pus, and draining wounds.

Traumatic Brain Injury

A biker who makes contact with the street and hits their head may suffer a traumatic brain injury. A traumatic brain injury (TBI) can have life-long effects, including losing the ability to speak, understand, or process information. A person who suffers from a TBI may become permanently disabled.

Broken Bones

Broken bones can debilitate a person for weeks or months. Depending on the severity of the break, the victim may need multiple surgeries for their bones to heal correctly. Treating these injuries can get very expensive.

Spinal Cord Injury

A spinal cord injury includes trauma to a victim’s back. A broken spine can cause a victim to suffer paralysis for the remainder of their life. This kind of injury can completely change their physical and mental health as they adjust to their new life.

Damages Available In A Motorcycle Accident Case

If you get hurt in a motorcycle accident, you may be entitled to receive compensation for your losses. Some accident victims are not aware of the compensation they are entitled to. The categories below represent the kinds of compensation you may receive after suffering injuries in a motorcycle accident.

Economic Damages

Economic damages are tangible losses that accident victims suffer because of someone else’s negligence. These losses may be apparent, but some accident victims may not recognize that they can recover compensation for them.

Examples of economic damages include:

• Current and future medical bills.
• Current and future lost income.
• Loss of earning capacity.
• Property damage.
• Funeral and burial expenses if the victim dies from their injuries.

Non-economic Damages

Non-economic damages are intangible losses that an accident victim may be entitled to if they suffer injuries in a crash. These losses are harder to prove and may require an experienced attorney to help you recognize you are owed compensation for your loss.

Examples of non-economic damages include:

• Pain and suffering.
• Mental and emotional trauma.
• Loss of enjoyment of life.
• Diminished quality of life.
• Disfigurement, disability, and embarrassment.
• Loss of companionship.
• Inconvenience.

Punitive Damages

Courts use punitive damages to punish a defendant for outrageous conduct and deter other people or businesses from acting similarly. Punitive damages are not often available in personal injury cases. Their availability depends on the state. States sometimes cap or limit the number of punitive damages a plaintiff can receive.

What Must I Prove To Win a Motorcycle Accident Claim?

Motorcycle accident cases, like all traffic accidents, are claims of negligence. To win a negligence claim, you must prove each element. The elements of a negligence claim are duty, breach, causation, and damages. An attorney with experience handling motorcycle accident cases can help you make a solid case that the other driver was negligent.

The elements of a negligence claim are:

Duty

We share the road daily with other drivers, cyclists, and pedestrians. We must act reasonably to avoid accidents that can cause property damage or physical injuries.

Breach

When a driver fails to act reasonably, they have breached their duty. Examples of breaching the duty of reasonable care on roads include running a red light, blowing through a stop sign, speeding, driving while intoxicated, texting and driving, fatigued driving, etc.

Causation

Every plaintiff must prove that the accident caused their injuries. Causation is the most commonly attacked element of negligence. Insurance companies and defense attorneys often attack the cause of the accident. That is why having your legal team is critical if you want to recover all the compensation you may be entitled to.

Damages

The last element of a negligence claim is damages. Cases where the plaintiff cannot prove damages are unsuccessful. A breach of the duty of care may have happened, but if that did not cause the plaintiff to lose anything, there is no case.

Each element of negligence must be proven separately to win your case. An attorney can help you put your best foot forward as you try to convince an insurance company or jury that you suffered an injury because of another driver’s negligence.

An attorney knows how to navigate this process for the best chances of success.

Having an attorney helps you:

• Avoid making detrimental mistakes that can deny you compensation
• Focus on your injuries and medical treatment without stress about the legal process
• Ensure you never accept anything less than you deserve

Whether to hire legal help should never be a question – always consult with a motorcycle accident lawyer for free about a possible case. There is too much at stake to wait.

How Can an Attorney Help Me?

There are many upsides to hiring legal counsel after a motorcycle accident. The most crucial benefit of hiring an attorney is that you can focus solely on your physical recovery. Your attorney will handle the legal side of your claim, reducing your stress.

More ways that your attorney can help you in a motorcycle accident case include:

Compiling Evidence

Your attorney will investigate the accident and compile evidence against all responsible parties. This evidence can help you prove the other party was negligent. Proving each element of negligence may be the most challenging part of getting the compensation you deserve, but proof of negligence must be clear to win your case. An experienced lawyer will help you prove your damages were the result of another driver’s failure to act reasonably.

Identifying and Calculating Your Damages

As an accident victim, the law likely entitles you to recover for each loss following a motorcycle accident. Many accident victims do not realize what damages they are entitled to, and if they are representing themselves, they never claim them. Your lawyer will review all the evidence that proves your losses. They may enlist the help of an expert witness if necessary.

Negotiate a Settlement

Your case may settle before taking it to trial. Insurance companies tend to settle cases to avoid the cost of a civil trial, but if counsel does not represent the victim, the plaintiff may find themselves being taken advantage of. Settling with the insurance company requires special skills, and without the skills of an attorney, you may be leaving a lot of money on the table. An attorney can help you collect all the compensation you deserve under the law.

Represent You in Court

If your case does not settle before trial, you will have to take your case to trial to resolve the matter. Representing yourself in court is a daunting task. There are lots of chances for mistakes, each of which can be fatal to your claim. An attorney is your shield against this. Your legal team will help by ensuring that you structure a compelling argument. Meet all deadlines and build your case in court.

Provide Legal Advice

Your attorney will answer questions as they arise. Having a case pending will undoubtedly cause many questions, and you may find yourself down an internet rabbit hole trying to answer them. Doing so will only cause confusion and frustration. Instead, you can rely on your legal team. They know the questions you are looking to answer. An attorney can arm you with the knowledge to help you avoid mistakes unrepresented accident plaintiffs make all the time.

Why Do I Need an Attorney?

Without legal representation, you leave yourself vulnerable. A motorcycle accident attorney insulates their clients from attacks from the other side. Constant contact from insurance companies and defense lawyers can get overwhelming, especially if you are unsure that you are making the right choice for your situation.

Physical recovery is just one part of getting your life back to normal. Financial recovery after a crash is the other piece of the puzzle. Attorneys focus on getting their clients full financial compensation.

If you do not have an attorney, you may find yourself falling prey to many avoidable hardships, including missing deadlines and agreeing to inadequate settlement offers, and these are just some of the pitfalls you may fall into if you represent yourself.

What if I Cannot Afford an Attorney?

But you can! You can retain a motorcycle accident attorney on a contingency fee basis. A contingency fee allows clients to defer payment for legal services until the case concludes.

In most contingency fee payment arrangements, clients and attorneys agree that the attorney will keep a percentage of the final settlement amount if the client receives a judgment against the defendant.

If you want to pursue your compensation claim, contact an attorney in your area and discuss their desire to enter into a contingency fee agreement.

Contact a Motorcycle Accident Lawyer Today

A motorcycle accident attorney is your guide to getting the money you need to recover fully financially after an accident. Representing yourself after an accident is a risk that is not worth taking.
If you or a loved one has suffered an injury in a motorcycle accident, contact a personal injury attorney in Tampa immediately.

Request A Free Consultation Today!

Boohoff Law P.A. – Tampa Office

829 W Dr Martin Luther King Jr Blvd,
Tampa, FL 33603
Phone: (813) 725-5606

Motorcycle accidents have the potential to leave victims with extremely serious injuries. Those who survive might have catastrophic and disabling conditions for life.

Clearly, the potential for injury is higher on a bike, and many victims suffer life-changing injuries that prevent them from working or living independently. It should come as no surprise that many motorcycle accident victims and their families wonder how long it will take to get compensation.

People often have a million questions about the litigation process, including whether their case will go to trial or settle. While there is no timeline for how long settling a motorcycle accident claim with a motorcycle accident attorney will take or how long it will take to go to trial, consider the following factors to get an idea about the court process and what goes into resolving a motorcycle accident case.

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How a Motorcycle Lawsuit Begins?

The National Highway Traffic Safety Administration (NHTSA) indicates that motorcyclist fatalities occur 28 times as often per mile traveled than passenger vehicle fatalities.

After those crashes, most motorcycle accidents begin their legal claims with negotiations with the insurance company. As for-profit businesses, insurance companies want to settle quickly and for cheap. It can be tempting to take the first offer in hopes of resolving your case quickly, but the first offer usually will not cover all your damages.

An accident attorney can help you avoid the mean tactics that insurance companies use to avoid paying settlements.

Common tactics include:

• Offering initial lowball settlements.
• Deliberately delaying responses.
• Calls and letters that pressure you to settle or lose your claim.
• Denying your injuries exist or claiming they are not as bad as you claim.

What Happens When I Accept a Settlement Offer?

Accepting a settlement offer ends your case. That is why getting money for your current damages and any future anticipated losses is critical. When you accept a settlement, you must sign a liability release. Generally, signing a release will prevent accident victims from filing another lawsuit against the defendant about the same accident.

A settlement release typically includes the dollar amount, other terms and conditions, and boilerplate language. You should always speak to an attorney before agreeing to settle your case and signing a liability release.

Settling your case is the fastest way to resolve it. However, you should always consider what full financial compensation looks like for you before ending your case.

What Happens If the Insurance Company Does Not Settle?

Your claim will continue to the trial if you and the insurance company cannot reach an agreement during settlement negotiations. The beginning of all civil trials is filing a complaint with the correct court. After this process begins, many steps are involved. Properly completing each of these procedural steps can affect how long it takes to resolve your motorcycle accident lawsuit.

Important Procedural Rules in Motorcycle Accident Lawsuits

Many procedural rules affect the validity of a motorcycle accident lawsuit. Perhaps the most important is the statute of limitations. The statute of limitations is a deadline law imposes for filing a lawsuit or settling an accident claim. The time you have for filing a lawsuit depends on your case type and the state where the accident happened. Your motorcycle accident attorney will be familiar with rules, including the statute of limitations and other procedural rules to ensure that you will not lose your case on technical grounds.

Filing a Complaint

A complaint is a legal document that states all your allegations plainly for the court. In your complaint, your attorney will plead for the damages you believe you are legally entitled to and ask that the court require the defendant or defendants to pay for the damages you allege.

The time a defendant has to answer your complaint depends on your state. Generally, a defendant has thirty to sixty days to file an answer to the complaint or risk having a default judgment entered.

Defendant’s Response to the Complaint

The law allows a defendant time to respond to a plaintiff’s complaint. Typically, a defendant will file a response called an answer. In their answer, the defendant will admit or deny each allegation in the complaint.

The rules of civil procedure also allow the defendant to file motions to resolve the case before filing an answer. For example, a defendant may file a motion for summary judgment before filing an answer. In a motion for summary judgment, a defendant will argue that there is no dispute of pertinent facts, and the court must dismiss the case.

The rules permit filing several other motions to resolve the case before the defendant submits an answer. The plaintiff must respond to these motions, and the court must set them for argument. These procedural matters often extend the time the case remains active.

Pretrial Matters

Each side must participate in a process called discovery. Discovery is the investigation phase of a trial. During discovery, each side will send and respond to a set of questions called interrogatories as well as requests for the production of documents. The discovery process can take a significant amount of time. The more defendants named in a lawsuit, the longer the discovery process will take to complete.

Motions from Your Side

Your attorney may find it appropriate to file motions during the pendency of your trial. As your team investigates the case, facts may present themselves that can get your case resolved with a motion. Getting a court date for your motion may take time, depending on the court’s calendar.

Trial

It can take years to actually get a case to the trial phase. Unfortunately, the longer it takes to get before a jury or judge, the longer it takes to resolve your accident lawsuit.

Reasons for court delays can include:

• The court’s calendar is full
• Counsel has scheduling conflicts
• Emergencies
• Scheduling expert witnesses who must appear at trial

Unfortunately, scheduling can be unpredictable. For example, a court may grant the opposing counsel’s motion to continue. You may be looking at a trial date that moves, and it is beyond your control.

Typical Injuries From Motorcycle Accidents

The time it takes to heal from your injuries affects the time it takes to resolve your case. It may not be a good idea to quickly resolve your claim before understanding the extent of your injuries. Some injuries do not present themselves for weeks or months after the accident.

Your attorney will help you understand a reasonable offer and the damages you can recover. Examples of common injuries that motorcyclists often sustain in traffic crashes include:

Traumatic Brain Injury

A traumatic brain injury (TBI) is common in crashes involving motorcyclists. A sudden impact on the head can cause a severe brain injury, especially if the biker is not wearing a helmet at the time of the impact.

The symptoms of a TBI, or other brain injuries, can take time to manifest. The symptoms may progressively get worse. If that happens, you may develop a disability that keeps you from working. The overall value of your case will increase, and you may be entitled to greater compensation.

Road Rash

Road rash happens in motorcycle accidents more than in crashes involving other passenger vehicles. Road rash often occurs when a motorcyclist’s body comes into contact with the road and skids across the surface.

Spinal Cord Injuries

A spinal cord injury can leave a patient incapacitated and hospitalized for months. After a lengthy hospitalization, the patient may suffer from permanent disability. However, there is no way to predict the length of their disability without a doctor’s input. Motorcycle accident victims should carefully consider their doctor’s opinion about the long-term effects of their injuries.

Internal Injuries

You will not know if you have suffered an internal injury unless you get a physical examination. If left untreated, internal injuries can lead to disability. Accident victims should prioritize getting a physical examination after an accident.

Broken Bones

Because motorcycles do not have a vehicle body like cars or trucks, motorcyclists are vulnerable to sustaining broken bones in a traffic crash. Broken bones may take a significant amount of time to heal. You may not know how these injuries will affect you until they heal fully. The time it takes for broken bones to heal can affect the length of settlement negotiations or a lawsuit.

What Damages Can I Recover In a Motorcycle Case?

A motorcycle accident plaintiff can recover three major categories of damages. You may have losses that fall into either the economic or non-economic categories. In addition, in some cases, you might even recover punitive damages.

Economic Damages

Economic damages are physical and tangible. A specific dollar amount is usually attached to these losses; assigning them a monetary value is a relatively simple task.

Examples of economic damages include:

• Current and future medical bills
• Lost earning capacity
• Property damage
• Funeral and burial expenses in wrongful death claims

Non-Economic Damages

Non-economic damages are difficult to prove because they are non-physical and intangible. It can be challenging for a motorcycle accident victim to identify these losses and recover financially for them.

Despite being hard to show, non-economic damages are just as valid as economic damages. Accident victims deserve to recover tangible and intangible losses after a motorcycle accident.

Examples of non-economic damages include:

• Reduced quality of life – An accident victim can often recover compensation for their diminished quality of life. Suppose the accident causes you to experience a disability, disfigurement, or mental and emotional damage, and those losses cause your life to be negatively affected. In that case, you can recover compensation for that harm.
• Pain and suffering – Pain and suffering damage after a motorcycle accident refers to losses related to the inconvenience of being in the accident. Recovering compensation for pain and suffering usually requires a solid legal argument from an experienced litigator.
• Loss of consortium and companionship – Loss of consortium or companionship is a claim typically brought by an accident victim’s spouse. Depending on your state, your spouse may be entitled to losses that they suffered because of your injuries.

Punitive Damages

Punitive damages punish defendants and deter them from similar activities. The availability and amount of punitive damages depend on the court.

What If I Cannot Afford an Attorney?

Suppose you have a motorcycle accident claim but are concerned about the cost of legal representation. In that case, you can take advantage of a contingency fee payment arrangement to pursue your legal claim.

A contingency fee payment arrangement allows the client to defer payment of legal services until the end of a case. Generally, attorneys do not require payment unless there is a financial settlement. Attorneys usually receive a percentage of the settlement. The terms of the agreement must be in writing.

Call a Motorcycle Accident Lawyer Today

Contact an attorney today if you have suffered an injury in a motorcycle accident. The duration of a motorcycle accident lawsuit varies greatly depending on the complexity of the case, the parties involved, and the legal processes that unfold.

You should always work with an experienced personal injury lawyer in Tampa who can effectively navigate the legal system, advocate for your rights, and strive to expedite the process while pursuing maximum compensation.

Request A Free Consultation Today!

Boohoff Law P.A. – Tampa Office

829 W Dr Martin Luther King Jr Blvd,
Tampa, FL 33603
Phone: (813) 725-5606