Do Motorcycles Have the Right of Way?

Do Motorcycles Have the Right of Way?

In most states, motorcyclists must obey the same traffic laws and regulations as other drivers and have the same rights of way as other motorists.

The smaller size of a motorcycle can make it less visible to other drivers, especially when a driver is distracted, regularly leading to serious accidents. These accidents may also occur when other drivers violate traffic laws or make other careless mistakes.

If you recently suffered injuries in a motorcycle crash, always contact a knowledgeable motorcycle accident attorney in your area right away. Your lawyer can gather the documents necessary to file your claim and handle every step of the legal process for you.

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How Do Motorcycle Crashes Happen When Other Drivers Fail to Yield the Right of Way?

When other drivers fail to yield the right of way, several types of motorcycle collisions can occur, each with its own potential for injury and damage. One common scenario involves left-turn collisions. Here, a driver turning left across traffic may misjudge the speed of an oncoming motorcycle or fail to see it altogether, resulting in a collision as the motorcycle proceeds straight through the intersection.

Another type of accident occurs when a driver merges into a lane occupied by a motorcycle without properly checking their blind spots. Motorcycles are smaller vehicles and can easily be overlooked by other drivers – especially if these drivers become distracted and are not paying close attention to the road. This can lead to a side-swipe collision or force the motorcyclist off the road.

Additionally, accidents can happen when a driver fails to yield while changing lanes or entering a roundabout. In these situations, the driver may cut off the motorcycle – thinking there is enough space – but may actually create a dangerous situation for both parties.

Furthermore, accidents can occur when a driver pulls out from a side street or driveway without yielding the right-of-way to an approaching motorcycle. This can happen if the driver fails to properly assess the motorcycle’s speed and distance or is distracted by other factors.

If you suffered injuries in any of these scenarios, a motorcycle accident lawyer may file an insurance claim on your behalf and pursue the compensation you deserve.

Common Injuries in Failure-to-yield Motorcycle Accidents

A motorcycle in a heavy trafficMotorcycle accidents that result from another driver’s failure to yield can bring about serious injuries. Among the most common are:

  • Head Injuries – Without the protective enclosure of a car, motorcyclists are particularly vulnerable to head injuries. Even with helmets, serious accidents may lead to traumatic brain injuries (TBIs), concussions, or skull fractures.
  • Road Rash – When a motorcyclist is thrown from their bike in a collision, they may skid across the pavement, resulting in painful abrasions known as road rash. These injuries can range from minor scrapes to deep lacerations requiring surgical treatment.
  • Fractures and Broken Bones – The impact of a collision with a negligent driver can easily result in fractures or breaks to the motorcyclist’s bones, including arms, legs, ribs, and pelvis. These injuries often require extensive medical treatment and rehabilitation.
  • Spinal Cord Injuries – Motorcycle accidents can also lead to spinal cord injuries, which may result in partial or complete paralysis. These life-altering injuries often require ongoing medical care and may necessitate adaptive equipment for mobility.
  • Internal Injuries – Blunt force trauma from a motorcycle collision can cause internal injuries, such as organ damage, internal bleeding, or punctured lungs. These injuries may not be immediately apparent and can worsen if untreated, possibly becoming life-threatening.
  • Soft Tissue InjuriesWhiplash, strains, and sprains are common soft tissue injuries sustained in motorcycle accidents. While they may not be as visibly severe as other injuries, they can cause significant pain and limit mobility.
  • Psychological Trauma – Motorcycle accidents can also have lasting psychological effects, such as post-traumatic stress disorder (PTSD), anxiety, and depression. The emotional toll of a serious accident can affect a rider’s quality of life long after their physical injuries have healed.

In addition to these injuries, the financial burden of medical bills, lost income, and rehabilitation can be overwhelming for motorcycle accident victims. When negligent drivers fail to yield the right of way, they not only cause physical harm but also disrupt the lives of those they injure.

If you suffered one or more of these injuries in a motorcycle accident, an experienced personal injury lawyer can evaluate your legal options and pursue the compensation you deserve.

Proving Negligence in a Motorcycle Crash

Proving that another driver failed to yield the right of way in a motorcycle crash is crucial for determining liability and seeking compensation for injuries and damages. Gathering evidence to support this claim is essential, and several key pieces of evidence can help to establish fault:

  • Witness Statements – Eyewitness accounts from individuals who saw the accident can provide valuable insight into what happened. Witness statements may also corroborate the motorcyclist’s version of events and help establish that the other driver failed to yield the right of way.
  • Police Reports – Law enforcement officers who respond to the accident scene will typically document their findings in a police report. This report may include information about the events leading up to the crash, any citations issued to the drivers involved, and preliminary fault assessments.
  • Traffic Laws and Regulations – Knowledge of traffic laws and regulations is essential for determining who has the right of way in a given situation. If the other driver violated traffic laws by failing to yield, this can be strong evidence of negligence.
  • Skid Marks and Damage to Vehicles – Physical evidence at the scene, such as skid marks on the road or damage to the vehicles involved, can provide clues about how the accident likely occurred. For example, skid marks leading up to the point of impact may indicate that the other driver failed to stop or yield as required.
  • Traffic Signal and Road Signage – Traffic signals, stop signs, yield signs, or other road signage can also be important evidence. If the other driver disregarded these signals or signs, it can support the argument that they failed to yield the right of way.
  • Photographs and Videos – Photographs and videos taken at the accident scene can capture important details that may be overlooked or forgotten over time. This visual evidence can include the positions of vehicles, road conditions, and any relevant signage.
  • Expert Analysis – In some cases, expert testimony may be necessary to analyze the available evidence and provide insights into the dynamics of the crash. Accident reconstruction experts, for example, can use scientific methods to recreate the sequence of events leading up to the accident.

By compiling and presenting this evidence, motorcycle accident victims can strengthen their case and increase their chances of proving that the other driver failed to yield the right of way. This, in turn, can help them recover compensation for their injuries, medical expenses, and other damages resulting from the crash.

What Happens at a Motorcycle Accident Trial?

When a motorcycle trial revolves around another driver’s negligent failure to yield the right of way, several key elements shape the legal proceedings and ultimately determine the case outcome.

Pre-Trial Preparation – Before the trial begins, both parties engage in pre-trial preparation activities. This includes gathering evidence, identifying witnesses, and negotiating a possible settlement. Attorneys for the motorcycle rider will compile evidence to demonstrate that the other driver failed to yield the right of way, leading to the accident.

Jury Selection – If the case goes to trial, a jury selection process occurs. Attorneys from both sides question potential jurors to ensure a fair and impartial jury is selected to hear the case. The jury will ultimately determine whether the other driver’s failure to yield was negligent and caused the motorcycle accident.

Opening Statements – Once the jury is selected, each side presents an opening statement outlining their case. The motorcycle rider’s attorney will likely emphasize the other driver’s negligence in failing to yield the right of way – and how it led to the accident and the rider’s injuries.

Presentation of Evidence – Both parties present evidence to support their arguments during the trial. This may include witness testimony, police reports, photographs of the accident scene, and expert testimony. The motorcycle rider’s attorney will aim to demonstrate – through evidence – that the other driver’s failure to yield directly caused the accident.

Cross-Examination – After each witness testifies, the opposing party can cross-examine them. This allows attorneys to challenge the credibility of witnesses and uncover inconsistencies in their testimony.

Closing Arguments – Following the presentation of evidence, each side delivers a closing argument summarizing their case and highlighting key points. The motorcycle rider’s attorney will reiterate the other driver’s negligence in failing to yield the right of way and emphasize its effect on the rider’s life.

Jury Deliberation and Verdict – After closing arguments, the jury deliberates to reach a verdict. They consider the evidence presented during the trial and determine whether the other driver was negligent in failing to yield the right of way. If the jury finds in favor of the motorcycle rider, then the rider may receive compensation for their injuries, medical expenses, and other damages.

Recovering Damages for Injuries in a Motorcycle Accident

Recovering Damages for Injuries in a Motorcycle AccidentWhen a motorcycle rider gets injured in a failure-to-yield accident, they can seek monetary damages to cover their losses and expenses through a personal injury claim or lawsuit. These damages help the injured rider recover financially from the accident’s aftermath. Here are the main types of monetary damages they can pursue:

  • Payment of Related Past and Future Medical Expenses – This covers the costs of medical treatment for injuries sustained in the accident. It includes expenses like hospital bills, surgeries, medications, doctor visits, rehabilitation, and therapy. Riders can seek compensation for past, current, and future medical expenses related to their injuries.
  • Lost Income – If the rider cannot work due to their injuries, they can claim compensation for lost income. This includes income lost during recovery and any future earnings affected by ongoing disabilities or accident-related impairments.
  • Pain and Suffering – These damages compensate the rider for the physical pain, emotional distress, and mental anguish caused by the accident and resulting injuries. Pain and suffering damages are subjective and aim to address the intangible effects of the accident on the rider’s well-being.
  • Disability and Impairment – If the accident results in permanent disabilities or impairments (such as paralysis) that affect the rider’s ability to work or enjoy life as before, they can seek compensation for loss of earning capacity and diminished quality of life.
  • Property Damage – Riders can claim reimbursement for repairing or replacing their damaged motorcycle and any other personal property damaged in the accident, such as riding gear or accessories.
  • Loss of Consortium – In cases where the rider’s injuries affect their relationship with their spouse or family members, they may seek compensation for loss of consortium. This includes the loss of companionship, affection, and support resulting from the injuries they suffered in their accident.
  • Punitive Damages – In rare cases involving egregious misconduct or recklessness on the part of the at-fault party, the court might award punitive damages to punish the other driver. These damages are not available in an out-of-court settlement.

These various types of monetary damages aim to provide full and fair compensation for the losses and hardships the injured motorcycle rider experienced. Seeking legal representation from an experienced personal injury attorney can help the rider navigate the claims process and pursue the maximum compensation available for their case. By holding the at-fault party accountable, injured riders can secure the financial resources necessary to rebuild their lives and move forward after the motorcycle accident.

Contact an Experienced Motorcycle Accident Lawyer Today

If you recently suffered injuries in a failure-to-yield motorcycle accident, time is of the essence. There are deadlines for filing lawsuits in civil court, and this is a necessary step in some cases. Never risk missing these deadlines.

An experienced motorcycle accident attorney in your area can explore your legal options, file a claim with the appropriate insurance company, and pursue the damages you deserve through settlement or litigation.

Start the process with a free case evaluation today. There is nothing to lose.

How Can a Motorcycle Helmet Affect Your Motorcycle Accident Case

How Can a Motorcycle Helmet Affect Your Motorcycle Accident Case?

Whether to wear a helmet is a touchy subject among motorcycle riders, especially among those who value the greater sense of freedom they experience on their bike compared to driving a car. After all, few things match the feeling of the wind in your face as you ride.

At the same time, whether you were wearing a helmet at the time of a collision can significantly affect a motorcycle accident claim. And if you were not, you will need the help of an experienced motorcycle accident attorney.

If you have questions about your rights and potential compensation after a motorcycle accident, a knowledgeable attorney can help. What you need to know about how motorcycle helmets and state helmet laws can affect an injury claim follows.

An experienced motorcycle accident lawyer can protect your interests and act as your champion throughout the legal battle.

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Motorcycle Helmet Laws Across the United States

How Can a Motorcycle Helmet Affect Your Motorcycle Accident Case

While specific laws vary across the country, most states have some sort of helmet requirement for motorcycle riders or passengers.

Some states require all riders and passengers to wear helmets at all times, while others only require them for riders or passengers below a certain age (usually 18 or 21). The consequences for failing to follow state helmet laws typically include fines, points on your driver’s license, or increased insurance premiums.

Motorcycle Helmet Safety Standards in the United States

All motorcycle helmets sold in the United States must meet certain safety standards. In most states, helmets must meet standards set by the U.S. Department of Transportation. To give yourself the best possible protection when riding, look for a helmet with a sticker showing it meets Federal Motor Vehicle Safety Standard 218.

Do Motorcycle Helmets Make a Difference in Accidents?

Studies indicate that motorcycle helmets save many lives. A study from Syracuse University found that roughly 37 percent of U.S. motorcycle accident deaths each year involve head injuries.

That same study also showed that over ten years, states with motorcycle helmet laws had a 33 percent lower rate of head-injury-related deaths compared to states without helmet laws.

So, do motorcycle helmets save lives?

Yes, they do, but whether you were wearing one at the time of an accident should not prevent you from getting the money you need afterward.

Unfortunately, many insurance companies view failing to wear a helmet as a form of negligence and may use that fact to deny your claim or reduce your compensation.

If this happens to you, a skilled motorcycle accident lawyer can help you push back and pursue a claim that fairly compensates you for your injuries.

How Motorcycle Helmets Affect Fault in an Insurance Claim

One of the fundamental legal issues in motorcycle accident claims is fault. What you need to know is that an insurance company will try not to pay a claim if they think they can prove that you caused or contributed to your injuries in a collision.

So, how do motorcycle helmets figure into this equation? From an insurance company’s perspective, not wearing a helmet is potentially a violation of state traffic laws (depending on the state) and an unnecessary risk.

From their point of view, your failure to wear a helmet is evidence that you contributed to your own injuries, meaning they should not have to pay for your medical bills and other losses from the crash.

The bottom line: If you were not wearing a helmet during a motorcycle collision, the insurance companies will most likely deny your claim or try to reduce your compensation. However, a capable motorcycle accident lawyer can defend you against an insurer’s unfair assumptions and fight on your behalf for fair compensation.

Not Wearing a Helmet Does Not Mean You Caused Your Injuries

An insurance company might argue you contributed to your injuries by not wearing a helmet, but that does not make them right. The issue of who caused the crash is separate from your choice to wear a helmet.

If an insurer denies your claim or tries to shift blame for the collision to you, contact an attorney right away. They can gather evidence to support your claim and handle negotiations with the insurance companies while you tend to your injuries.

How to Protect Your Rights After a Motorcycle Accident

If you recently sustained injuries in a motorcycle crash, taking proactive steps to safeguard your rights is your top priority. Here’s a guide to help you stay on top of things:

Keep All Medical Appointments

Your health comes first, so see a doctor and follow their advice. Go to all your appointments, even if you start feeling better. Your medical records are key pieces of evidence that show the impact of the accident on your life.

Write Down Everything

As soon as you can, start a diary. Write down how you feel, the troubles you face every day because of your injuries, and how they affect your daily life. This record can help when you need to remember details later on.

Hold Onto Evidence

Keep anything that has to do with the accident. This includes photos, clothes you wore, your helmet, and any broken parts from your motorcycle. Furthermore, don’t fix your bike yet — it’s an essential piece of evidence.

Stay Quiet on Social Media

You might want to share your story with friends online, but it’s best to stay quiet about the accident. Insurance companies can use what you post against you, even seemingly harmless photos or “I’m okay” comments.

Contact a Motorcycle Accident Lawyer

A lawyer with experience in motorcycle accident cases can tell you about your rights and what you should do next. They can also deal with the insurance companies and see that they treat you fairly.

Don’t Talk Settlements Without Advice

If an insurance company offers you money, don’t agree to anything without first talking to your lawyer. They can help you understand whether the deal is fair and covers the true value of your case.

Remember, these steps can help protect your rights after a motorcycle accident. It’s about looking out for your best interests, both now and in the future.

Essential Evidence in Motorcycle Accident Cases

helmet on the road after motorcycle accident

The proper evidence can make all the difference in a motorcycle accident claim.

So, what do you need?

These are some must-have types of evidence for your case:

Police Reports

The police report from the accident can help show what happened, the vehicles and drivers involved, and (in some cases) who the officer thinks caused the collision.

Helmet and Gear

Your helmet and gear can tell a lot about the crash. Keep them in the same condition as right after the accident.

Photos and Videos

Snapshots of the accident scene, your injuries, and any damage to your bike or gear can help you tell your story.

Witness Statements

People who saw the accident can give statements about what they saw. Their words can support your claim, especially if they don’t have a stake in your case’s outcome.

Medical Records

Medical records help link your injuries to the accident. They show what injuries you received, the treatment you needed, and how the whole experience affected your health.

Repair Estimates

Estimates for fixing your bike can show how bad the damage was. They help prove the crash’s impact and the costs you incurred because of it.

Traffic Camera or Dash Cam Footage

If any traffic or dashboard cameras recorded the collision, they can provide real-time evidence of the crash.

Your Testimony

What you experienced and felt during and after the accident matters, too. Your story is your personal view of the accident and its effects on your life.

Collecting all this evidence gives you a strong foundation for your motorcycle accident claim. It can help paint a clear picture of what happened and point to the truth about who should pay for your injuries.

Potentially Liable Parties in a Motorcycle Accident Case

Identifying who caused your injuries is a vital aspect of any motorcycle accident claim. However, depending on how the collision occurred, multiple parties may bear the blame or share liability for the crash.

Let’s look at the parties who may bear the responsibility for your motorcycle accident injuries:

  • Other Drivers: If another driver who hit you was speeding, not paying attention, or breaking traffic laws, they could owe you compensation for your injuries and losses.
  • Motorcycle and Helmet Manufacturers: Sometimes, the fault might lie with the motorcycle or helmet makers. If your motorcycle had a manufacturing or design defect or didn’t work properly, or if your helmet did not perform properly, these companies might be liable.
  • Government Entities: Road conditions play a significant role in motorcycle safety. If your accident happened because of a pothole, a missing sign, or uncleared road debris, a government body might be responsible for not keeping the roads safe.
  • Employers of Other Drivers: If a driver working for a business hits while they’re on the job, their employer might share the blame for the crash.
  • Bar or Restaurant Owners: So-called “dram shop laws” allow you to hold bars, liquor stores, and other alcohol vendors liable if they over-served a driver who subsequently hit you or served an underage driver who caused the accident that harmed you.

Each of these parties could have played a role in an accident. By examining all the angles, you and your lawyer can work to hold everyone who contributed to your injuries accountable for their negligence and pursue compensation from them.

Frequently Asked Questions About Motorcycle Accident Claims

Motorcycle accidents are complex issues in personal injury law, so we put together a list of the most common questions we receive about these cases and their answers:

How Much Does a Motorcycle Accident Lawyer Cost?

Most motorcycle accident lawyers work on a contingency basis. In plain English, that means they don’t collect any fees unless they recover compensation for you.

This fee arrangement allows everyone to afford high-quality legal representation, even if they have few financial resources, because there are no upfront fee payments required.

How Long Do I Have to File a Motorcycle Accident Lawsuit?

Every state has its own laws regarding how long you have to file a lawsuit after an accident. While you must file a lawsuit within two years of the accident in most states, some states give you three or four years, while the deadline in other states is only one year.

Furthermore, the timeline can vary depending on who you wish to sue. For example, most states require you to file a notice of intent to file a claim within six months if you want to sue a government agency. The bottom line is to speak with an attorney as soon as possible after an accident to avoid any issues with the filing deadline in your state.

How Much Is a Motorcycle Accident Claim Worth?

The amount you can recover through a motorcycle accident claim depends on your injuries, financial losses, and other factors.

While every claim differs, an experienced and dedicated personal injury attorney can help you pursue compensation for a wide range of losses related to the accident, including:

  • Past and future medical expenses (doctor’s appointments, surgeries, lab work, X-rays and other diagnostic imaging tests, prescription drugs, etc.)
  • Lost earnings and reduced future earnings due to an injury or disability
  • Pain and suffering
  • Emotional distress (anxiety, insomnia, PTSD, etc.)
  • The cost to repair or replace any damaged personal property

How Long Does a Motorcycle Accident Case Take?

Tatiana Boohoff - Attorney for Motorcycle Accident
Tatiana Boohoff, Motorcycle Accident Lawyer

The amount of time it takes for a motorcycle accident case to conclude depends on several factors, such as:

  • The available evidence
  • The duration of your physical recovery period
  • The severity of your injuries
  • The insurance company’s willingness to agree to a fair settlement
  • How much compensation you ask for
  • The skill and experience of your attorney
  • Whether the case goes to trial

In general, it takes several weeks or months before a motorcycle accident case ends. If your case goes to trial, it could take more than a year to conclude. The right legal team can make this process faster and much easier.

What Happens When the Insurance Company Totals Your Motorcycle?

What Happens When the Insurance Company Totals Your Motorcycle?

Serious motorcycle accidents happen when other people drive negligently and recklessly under the circumstances. When a motorcycle accident occurs, motorcyclists may suffer severe injuries, not to mention significant property damage to their motorcycles.

In most jurisdictions, a motorcycle is a total loss whenever the cost of repairs, along with the motorcycle’s scrap value, is more than the fair market value of the motorcycle before the accident occurred.

Usually, suppose your insurance company deems your motorcycle a total loss. In that case, it will compensate the motorcycle owner for the full market value of their motorcycle minus any deductibles that are then outstanding.

If your motorcycle suffered extensive damage in an accident, or if you suffered physical injuries in an accident, you need to consult a knowledgeable motorcycle accident attorney as quickly as possible.

Your lawyer can investigate your accident circumstances and explore your options for moving forward. Your attorney may also file a property damage claim on your behalf – or a personal injury claim, depending upon your circumstances. Throughout the claims-filing process, your lawyer can aggressively negotiate with insurance company representatives on your behalf and take appropriate legal action if the insurance company refuses to compensate you fully and fairly.

Every step of the way, your attorney will act in your best legal interests. They can also answer all of your legal questions and explain all of your options so that you can make both intelligent and informed decisions throughout your pending case.

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What is a Motorcycle’s Fair Market Value – or FMV?

What Happens When the Insurance Company Totals Your Motorcycle?

According to the National Association of Insurance Commissioners, or NAIC, the fair market value of a motorcycle is a specific calculation: the price that the average motorcycle purchaser is going to pay to buy your motorcycle in its current condition before the accident if you were to list the motorcycle for sale on the open market.

Moreover, the FMV of a motorcycle is different from the likely Kelley Blue Book (KBB) value. In some situations, the value of a motorcycle, as listed in the KBB, is far less than its actual FMV.

This is because the KBB value does not always account for several factors that may be particular to an individual motorcycle. Those factors can include unique accessories and features the motorcycle has, personal features, and any sentimental value related to the motorcycle.

It is also essential to differentiate between a motorcycle’s fair market value and its actual cash value, or ACV. The real cash value of a motorcycle considers the replacement cost of a new motorcycle.

Still, it subtracts the depreciation for a motorcycle that sustained damage in the event of an accident. In some cases, insurance company appraisers might argue that the ACV and FMV of a motorcycle are approximately the same. However, those numbers are not always equal.

What Must the Insurance Company Pay for a Totaled Motorcycle?

Victims of motorcycle accidents who incur property damage to their motorcycle deserve to recover favorable monetary compensation. If the insurance company totals a motorcycle, it must pay for the full market value minus any deductibles currently in effect.

In addition, the insurance company must evaluate the motorcycle’s full market value as of the time when the motorcycle accident happens – not at the time of the owner’s initial purchase.

Some states also have a certain cut-off value for motorcycle repairs, so if the insurance company totals a motorcycle, it will not pay for any repairs.

Features That May Affect the Total Value of a Motorcycle

Some motorcycles come with unique features that may increase their overall value, not to mention the settlement compensation that the insurance company offers you for your property damage.

However, some motorcycles contain flaws, such as scratches, dents, and other imperfections, that may decrease their fair market value in a property damage claim.

Evaluation of Motorcycle Damage

Some of those factors may include:

  • Modifications that the motorcycle owner later made to their motorcycle, including LED underglow, large rims, or custom paint work, may add overall value to the motorcycle
  • The odometer reading on the motorcycle, since the higher the mileage on the motorcycle, the less value it typically has
  • The overall condition of the motorcycle
  • The color of the motorcycle and whether or not it is tough to find or is exceptionally rare
  • The year of the motorcycle, given that motorcycles, like automobiles, routinely decrease in value with their age
  • The presence of dents, scratches, and other imperfections on the motorcycle body may decrease its overall value

Property Damage Negotiations Following a Motorcycle Accident

After a motorcycle accident happens, an attorney in your area can handle all property damage negotiations with insurance company representatives on your behalf.

Whenever you negotiate with an insurance company representative, you and the insurance company are in an adversarial relationship. As an accident victim who incurred property damage, you want to recover as much monetary compensation from the insurance company as possible.

However, compensating you fairly is not in the insurance company’s best interests. Instead, the insurance company wants to offer you as little monetary compensation as possible to settle a property damage or personal injury claim. If they have to pay out significant monetary compensation to you, they cannot distribute the money to their shareholders.

A skilled motorcycle accident lawyer can aggressively negotiate with insurance company representatives on your behalf and pursue the compensation you need for the total loss value of your motorcycle.

If the insurance company places an initial settlement offer on the table, your lawyer can negotiate with the insurance company for a better offer. However, to take this step, you must likely introduce evidence that the insurance company is undervaluing your claim.

Potential evidence may include:

  • Documentation that lists hard-to-find or unique features on your motorcycle
  • The actual value, as referenced in the KBB
  • Documentation that shows that you regularly maintained your motorcycle
  • The results of an independent motorcycle appraisal that you completed

In cases where a motorcycle accident victim and an insurance company cannot agree on a settlement number, the accident victim can file a property damage claim in the state court system for additional compensation.

Instead of litigating a property damage claim in court, the parties may also agree to some type of alternative dispute resolution (ADR) proceeding, such as arbitration.

What if Your Damaged Motorcycle is “Underwater”?

A motorcycle or automobile is “underwater” when the current amount owing on a loan is more than the value of the vehicle. Despite property damage, a motorcycle owner will typically have to continue making loan payments.

To eliminate this problem, motorcycle owners should obtain gap insurance coverage before a motorcycle accident happens. If they wait for this coverage after the accident, it will not do them any good.

What if I Suffered Physical Injuries in a Motorcycle Collision?

In addition to sustaining severe property damage to their motorcycle, a motorcycle accident victim may also suffer severe physical injuries in an accident scenario.

These injuries typically happen because, with the potential exception of their helmets, motorcyclists are directly vulnerable to their surrounding environment. As a result, if they fall in a crash, they may suffer severe injuries.

Motorcycle Accident Injuries

One of the most common causes of motorcycle accidents is driver error and negligence. In many cases, these accidents happen when drivers disregard traffic laws and standard traffic laws.

For example, a driver might aggressively speed around a motorcycle, fail to yield the right-of-way to a motorcyclist at a busy traffic intersection, or fail to use their turn signals while driving.

At other times, motorcycle crashes may happen when drivers exhibit various types of road rage, such as tailgating a motorcyclist, cutting them off in traffic, or otherwise recklessly operating their vehicle when a motorcycle is nearby.

As a result of these reckless driving maneuvers, another driver may cause their vehicle to strike a motorcycle, knocking the cyclist off their bike and causing severe and sometimes deadly injuries.

Motorcycle crashes may also happen when drivers drink and drive. Alcohol intoxication causes severe accidents because intoxicated drivers cannot drive safely and carefully. Intoxicated drivers will suffer physical and mental impairments, such as blurred vision, dizziness, lack of coordination, impaired judgment, inability to judge distances, delayed reaction time, and delayed reflexes.

As a result, an intoxicated driver may not even see a motorcyclist, let alone be able to stop in time to avoid a collision. When a drunk driver causes a motorcycle crash, the drunk driver may be subject to both criminal and administrative penalties. Additionally, if they cause a motorcycle crash, which leads to injuries, the at-fault driver may have to pay the motorcyclist monetary damages through their insurance company.

Finally, some motorcycle accidents occur when other people drive in a careless or distracted manner. For example, they might turn their head to discipline a young child, roughhouse with vehicle passengers, listen to loud music in their vehicle, program a GPS navigation system, text on a cellular phone or tablet, or otherwise divert their attention away from the road.

These distractions can prevent a driver from noticing a motorcyclist who is low to the ground, bringing about a severe accident.

If you recently suffered injuries in a motorcycle accident resulting from another driver’s negligence, your motorcycle accident attorney can handle a personal injury claim, as well as a property damage claim, on your behalf. Your attorney will aggressively fight for your legal rights and interests and pursue the compensation you need for your bodily injuries and other accident-related losses.

Types of Motorcycle Accident Injuries

The injuries that a motorcycle accident victim suffers will vary, depending on the accident circumstances, including whether the accident victim falls off their motorcycle. If a motorcyclist strikes the ground, they may suffer permanent injuries and sometimes fatalities.

Some of the most common accident-related injuries that motorcyclists suffer include:

Upon suffering any of these injuries in a motorcycle accident, you should concentrate on obtaining the medical treatment that you need as quickly as possible.

Additionally, consult a knowledgeable motorcycle accident lawyer in your area right away. Your attorney can present all of your legal options in clear terms and execute the appropriate option for your case and circumstances.

Recoverable Third-party Motorcycle Accident Damages

In addition to recovering monetary compensation for property damage after a motorcycle accident, accident victims who file a third-party claim may recover additional compensation for their bodily injuries and related losses.

First, accident victims may pursue monetary compensation for their related past and future medical expenses and loss of earning capacity or income.

Additionally, injured motorcycle accident victims may pursue compensation for their mental distress, physical pain and suffering, loss of use of a body part, lost quality of life, permanent disability or disfigurement, long-term or lifetime care costs, loss of spousal consortium and companionship, and inconvenience.

A skilled motorcycle accident attorney in your area can determine the likely settlement, verdict, or arbitration value of your case and do everything possible to maximize the monetary compensation you receive for your injuries.

Speak with a Skilled Motorcycle Accident Lawyer in Your Area Today

Tatiana Boohoff - Attorney for Motorcycle Accident
Tatiana Boohoff, Motorcycle Accident Lawyer

Suppose you incurred property damage and/or physical injuries in a recent motorcycle accident that someone else caused. In that case, you need to consult with a motorcycle accident lawyer in your area as quickly as possible to go over your legal options.

Under the statute of limitations, accident victims have a short amount of time in which to make a personal injury claim or file a lawsuit. Therefore, you need to act quickly.

An experienced personal injury attorney in your jurisdiction can evaluate your claim and pursue the compensation you need for your accident-related property damage and physical injuries.

Can a Lawyer Help After You Suffer Road Rash in a Motorcycle Accident?

Can a Lawyer Help After You Suffer Road Rash in a Motorcycle Accident?

In general, a road rash injury is a skin abrasion a person sustains when they fall off a motorcycle and either skid or slide on a rough, hard surface.

To treat a road rash injury, an accident victim might need surgery, stitches, or skin grafts. Additionally, after their injury heals, they may bear unsightly scarring in the affected area.

In addition to serious road rash injuries in a motorcycle accident, victims may suffer other debilitating injuries, including broken bones, traumatic head and brain injuries, permanent cognitive impairments, soft tissue muscular injuries, internal organ injuries, spinal cord damage, and complete or incomplete paralysis injuries.

If you suffered any of these injuries in a recent motorcycle accident, you need to consult a skilled motorcycle accident lawyer in your area as quickly as possible. Your lawyer can explore your potential legal options and can take the appropriate steps on your behalf to recover the compensation you deserve.

For example, your lawyer may file a personal injury claim with the at-fault driver’s insurance company and handle all settlement negotiations on your behalf. Additionally, your lawyer can file a personal injury lawsuit and take your case to a civil jury trial, mediation session, or binding arbitration hearing.

Every step of the way, your lawyer will keep you abreast of all developments in your case and aggressively advocate for your legal rights and interests. Your attorney can also answer your questions, enabling you to make intelligent and informed decisions throughout your case.

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Types of Motorcycle Accidents that Cause Road Rash Injuries

Can a Lawyer Help After You Suffer Road Rash in a Motorcycle Accident?

Many motorcycle accidents occur on busy highways at high rates of speed. They may also happen with a significant amount of force, causing the motorcyclist to hit the ground hard.

When another driver operates their vehicle recklessly or negligently, they may cause several different types of motorcycle accidents that result in road rash and other severe injuries for motorcyclists.

Those accidents may include:

  • Head-on collisions, where another driver negligently causes their vehicle to strike the front of a motorcycle directly, such as when passing another vehicle in a designated no-passing zone
  • Rear-end accidents, where the front of another vehicle hits the back tire of a motorcycle, usually because a driver negligently speeds or fails to leave enough stopping distance between their vehicle and the motorcycle
  • Sideswipe accidents, where the side of a motor vehicle collides with the side of a motorcycle and pushes it out of its travel lane
  • Rollover accidents, where a motorcycle fully or partially overturns, often causing fatal injuries
  • T-bone or broadside motorcycle accidents at a traffic intersection, where the front of another vehicle strikes the side of a motorcycle, usually because a negligent driver runs a yield sign, stop sign, or red traffic light at the intersection

If you sustained injuries in one of these motorcycle crashes, consult a motorcycle accident attorney in your area as quickly as possible.

Your lawyer can go over potential legal options with you and file a claim on your behalf with the appropriate insurance company. Also, if your case requires litigation, your lawyer can file a third-party personal injury lawsuit in court, seeking the monetary recovery you need for your injuries.

Common Causes of Motorcycle Crashes

When other people drive in a particularly reckless manner, they may cause a motorcycle accident, which leaves a cyclist with severe injuries and significant pain. As a result, the cyclist may require ongoing medical treatment and miss time from work after their accident.

One common reason why motorcycle accidents happen is because other people drive in a distracted manner. Distracted driving may take many different forms, but it typically involves a driver taking their eyes off the road for some reason.

motorcycle accident with a car

For example, a driver might look at their phone or smartwatch, send or read a text message, program a GPS navigation system, roughhouse with vehicle passengers, adjust the volume on their stereo, listen to loud music, or eat and drink while driving. These activities may cause a driver to take their attention off the road and miss seeing a nearby motorcyclist.

Motorcycle accidents may also happen when other drivers fail to follow various traffic laws and regulations. For example, a driver might tailgate a motorcyclist, speed, or fail to yield the right-of-way to a motorcyclist at a four-way traffic intersection. Unfortunately, these traffic law violations may result in a severe accident that involves a motorcycle operator and their passenger.

Motorcycle accidents may also occur when other drivers engage in road rage or reckless driving. When a driver cuts a motorcyclist off in traffic, speeds around the cyclist, or fails to use their turn signal properly, they may strike a motorcyclist.

Finally, some motorcycle crashes happen when other drivers operate a vehicle while they are under the influence of alcohol or drugs. The applicable blood alcohol concentration (BAC) limit for most passenger vehicle drivers is 0.08 percent. However, if the intoxicated individual is a commercial vehicle operator or a minor who is under 21 years old, different – and more stringent – legal standards often apply.

DUI offenders may be subject to various criminal penalties, including jail time and monetary fines. They may also have to pay civil compensation to an accident victim through their insurance company if they cause a motorcyclist or another individual to suffer injuries in an accident.

Intoxicated drivers may experience various physical and mental impairments that prevent them from operating their vehicles safely and carefully. For example, they might lose concentration and coordination. Drugs may impair reflexes, delay reaction time, and blur vision. As a result, drivers may not see or appreciate a motorcyclist in the vicinity, bringing about a severe accident.

If you suffered injuries in a motorcycle collision that a negligent driver caused, consult a knowledgeable motorcycle accident lawyer in your area as quickly as possible about your legal options. Your attorney can review those options with you and take the necessary steps to pursue the monetary recovery you need and deserve.

Filing a Third-party Motorcycle Accident Claim

Victims of motorcycle crashes may be eligible to file a third-party personal injury claim with the responsible driver’s insurance company.

Even in states like Florida that have no-fault insurance laws, motorcyclists are not typically allowed to make a claim under their own personal injury protection (PIP) insurance policy. Therefore, they must ordinarily turn to the at-fault driver’s policy for the monetary recovery they need.

Filing a motorcycle accident claim

When filing a third-party personal injury claim, a motorcycle accident attorney will submit various documents to the insurance company on your behalf. Those documents may later serve as evidence if your lawyer eventually files a lawsuit arising from your motorcycle accident.

Pertinent documents often include copies of police reports, injury photographs, property damage photographs, statements from witnesses, medical treatment records, medical bills, photographs of the crash scene, and video camera footage (if available).

Your lawyer will send these documents to the insurance company adjuster handling your claim, and the adjuster will review them and determine whether to accept fault for the motorcycle crash.

After submitting a settlement demand package on your behalf, your motorcycle accident attorney can handle all oral and written communications with adjusters. These communications typically pertain to settlement negotiations.

In general, the first offer that an insurance company adjuster puts on the table will not fairly compensate the accident victim for their losses. Therefore, your attorney will likely need to negotiate with the adjuster to pursue a higher settlement. If the insurance company refuses to increase its offer to an appropriate monetary settlement amount, your lawyer can pursue litigation in court.

Even after your case is in litigation, it may still settle at some point. If it does not settle, however, your lawyer can take your case to a civil jury trial or an alternative dispute resolution (ADR) proceeding, like mediation or binding arbitration.

Proving a Third-party Motorcycle Accident Claim

In a third-party personal injury claim that involves a motorcycle accident, the injured accident victim has the legal burden of proof. In contrast, the individual who caused the accident does not need to prove anything in the case.

First, the injured motorcycle accident victim must establish that the other driver violated their legal duty of care, typically by breaking one or more traffic laws or regulations.

For example, the other driver might not have paid attention to the road, or they may have operated a vehicle while under the influence of alcohol or drugs.

Second, the injured motorcycle accident victim must establish that as a direct result of the other driver’s duty-of-care breach, both the accident and their injuries resulted.

When a motorcyclist claims they suffered a road rash injury or some other injury in their accident, a medical expert may need to testify as a witness in their case or, at the very least, draft a medical report that causally relates their claimed injuries to the accident.

Recovering Financial Compensation for a Road Rash Injury

Victims of motorcycle accidents who suffer road rash injuries and other physical injuries may be eligible to receive various types of monetary compensation.

First, they can pursue compensation for their related medical expenses, both past and future.

If a road rash injury victim needs to undergo surgery, for example, they can recover the compensation they need for that procedure as part of their claim.

Additionally, if the accident victim suffers injuries that prevent them from working after their accident, they can bring a claim for lost income.

Additionally, if a motorcycle accident victim suffers road rash, they may receive monetary compensation for their intangible losses, such as physical pain and suffering stemming from the road rash injury, loss of the ability to use a body part, permanent scarring, and humiliation or embarrassment resulting from scarring.

Your attorney can determine the likely value of your motorcycle accident claim based on the total cost of your medical treatment, as well as your pain, suffering, and inconvenience. Your attorney will then do everything they can to maximize your overall monetary damage award, helping you to become whole again after your motorcycle crash.

Talk with an Experienced Motorcycle Accident Lawyer Today

Following a motorcycle crash, you need to seek help from a qualified personal injury attorney in your jurisdiction as quickly as possible.

Tatiana Boohoff - Attorney for Motorcycle Accident
Tatiana Boohoff, Motorcycle Accident Lawyer

Motorcycle accident victims must file a lawsuit within the applicable statute of limitations period for the jurisdiction where the accident happened. If they file their lawsuit after the deadline passes, they cannot pursue any monetary recovery for their resulting injuries – including road rash injuries.

Therefore, take the steps necessary to secure skilled legal counsel in your case right away.

Your motorcycle accident lawyer can thoroughly investigate the circumstances of your motorcycle crash and determine your eligibility for pursuing monetary recovery. Your lawyer can submit a claim with the appropriate insurance company – or, if necessary, a lawsuit – to pursue the favorable monetary damages you need for your road rash and other accident-related injuries.

The sooner you seek a free case evaluation, the sooner you can rest knowing you have the right to seek compensation. Never face the claim process alone, as insurance companies regularly undervalue road rash costs. An attorney can ensure you seek the full amount you deserve to cover your losses.

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Motorists Who Violate Washington Traffic Laws Can Cause Motorcycle Accidents

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.

How Can I Stay Safe as a Motorcyclist?

As a conscientious motorcyclist, you want to stay as safe as possible on the road and reduce your risks of a motorcycle accident.

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

Tatiana Boohoff, Lawyer for Motorcycle Accident cases near Tampa area.
Tatiana Boohoff, Motorcycle Accident Attorney in Seattle.

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.

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Boohoff Law P.A. – Seattle Office

2200 6th Avenue, Suite 768 Seattle,
WA 98121

Phone: (877) 999-9999

Motorcycle Accident Lawyers WA

What to Do After a Motorcycle Accident?

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.

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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.

What if I Cannot Afford an Attorney?

Some motorcyclists worry they cannot afford legal representation if they get into an accident. Because they believe they cannot afford an attorney, they feel they will never recover the losses they sustained after an accident.

A contingency fee allows a client to retain legal representation without spending any money upfront. Generally, an attorney will take an agreed-upon percentage of the final settlement or award. There is usually no recovery by the attorney if there is no settlement. You should speak to your attorney about the fee arrangements they offer.

Call a Motorcycle Accident Attorney Today

Tatiana Boohoff, Lawyer for Motorcycle Accident cases near Tampa area.
Tatiana Boohoff, Motorcycle Accident Attorney in Tampa

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.

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Boohoff Law, P.A. — Auto Accident Lawyers – Tampa Office

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

Experienced Lawyer for Payout for a Motorcycle Accident near Tampa

What Is the Average Payout for a Motorcycle Accident?

The average payout for a motorcycle accident depends largely on the circumstances surrounding the crash. Under state law, victims can usually recover compensation for both economic and non-economic losses, including medical expenses, lost income, property damage, and pain and suffering.

Despite some commonalities, only a thorough analysis of the facts by a motorcycle accident lawyer can determine the exact value of a case. However, certain factors and calculations can give an idea of the potential value of a motorcycle accident case.

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Factors That Affect the Value of Your Settlement

The compensation available in your case depends on the unique circumstances of your accident. Predicting the final settlement amount you will receive is not possible, but some factors can increase or decrease the overall value of your claim. Regardless of the severity of your losses, you deserve compensation, and a personal injury lawyer in your area can help you pursue what you deserve.

If you have suffered any of the following injuries, contact a local motorcycle accident lawyer in your area immediately:

  • Severe soft tissue injuries
  • Traumatic brain injuries
  • Spinal cord injuries
  • Broken bones
  • Burns
  • Neurological injuries
  • Crush injuries
  • Traumatic amputations

Common factors considered by the insurance company when making an initial offer or a final settlement can include the following:

Liability

Determining liability is the primary deciding factor on the value of your claim or if you receive compensation at all. “In many cases, the police make a preliminary determination regarding liability and include it in their initial report. They will speak to the drivers and any witnesses before completing their report. Each party’s insurance company will also complete an investigation. You should consult an attorney to protect yourself if you are found responsible for causing the accident.

Severity of Injuries

The more severe your injuries, the higher your potential settlement amount. Motorcycle accidents often lead to catastrophic injuries, and many victims will never fully recover.

Catastrophic injuries include harm like amputation, brain injury, coma, or other life-changing injuries. These injuries are expensive to treat and can take a long time to heal. The length of time you suffer an injury can also increase the value of your settlement.

Current and Future Medical Treatment

Since you didn’t cause the accident, you shouldn’t have to pay the medical bills. After a motorcycle accident, the person found responsible for causing the accident is also responsible for paying your bills.

Not only can you recover current medical bills, but you may also be allowed to recover financial compensation to cover your future medical needs. Some injuries take a long time to heal, and others do not present themselves for weeks or months. A personal injury lawyer will ensure that if you want to take a settlement offer from the insurance company, it will cover your losses and anticipated future medical bills.

Mental and Emotional Trauma

These are intangible losses that refer to the long-term negative impact of an accident on the victim’s mental health. After a motorcycle crash, the biker may suffer from Post-Traumatic Stress Disorder and need ongoing mental health care to get their lives back on track.

Pain and Suffering

Pain and suffering are the damages the plaintiff may receive for the inconvenience of suffering from physical pain and mental and emotional trauma.

Loss of Consortium and Loss of Companionship

The law allows accident victims to recover for the value of lost consortium and companionship. Loss of consortium is a claim by the victim’s spouse. The claim entails the spouse’s loss of ability to spend time with their spouse, have sexual relations, and other intangible losses related to the marriage.

Lost Income and Earning Capacity

If your injuries caused you to miss work, you might be entitled to recover for your lost income. If you cannot return to work, you can recover from that loss as well.

Lost earning capacity refers to the inability to return to the same kind of work due to injuries sustained in an accident. In some cases, accident plaintiffs can continue to work, but they cannot work the same number of hours or at the same intensity as they did before.

For example, a firefighter suffers harm in a motorcycle crash and cannot continue to meet the physical demands of their job, but they can work an office job. The plaintiff, in this case, may be entitled to compensation for their change in lifestyle and pay.

Property Damage

In addition to the physical and mental compensation accident victims can receive after a crash, you may be entitled to recover for your property damage. In some cases, an accident victim can recover for their vehicle and for damaged property inside their vehicle or on their person at the time of the accident.

Insurance Policy Limits

The at-fault party’s insurance policy limits may determine the overall value of the claim. There may be no additional money outside a defendant’s auto insurance policy. However, if you have underinsured motorist coverage, you may have another pot to choose from that will cover the rest of your needs. Underinsured motorist coverage is a part of your auto insurance policy, and it covers you for losses that exceed the amount of the defendant’s insurance policy limits.

How Do You Calculate Settlements?

The above factors will determine the total settlement value. If available, plaintiffs should work closely with their attorneys to collect and present evidence that shows economic, non-economic, and punitive damages.

Pain and Suffering Damages

Pain and suffering damages are ambiguous but available for accident victims. This is a non-economic loss, and accounting for total damages is difficult. There are two effective approaches to calculating pain and suffering losses. Those two approaches are:

The Per Diem Method

The per diem method involves determining a cash value for each day an accident victim suffers the inconvenience of the effects of the crash. After getting a total, the total dollar amount gets multiplied by the number of days from the accident to the day when the medical professionals expect the victim will have reached maximum recovery.

The Multiplier Method

Insurance companies commonly use the multiplier method. To get the overall value of a pain and suffering award utilizing this method, the total value of the victim’s economic losses gets multiplied by a number. Many different factors related to the severity of the accident determine the multiplier.

How Can an Attorney Help Me?

An experienced motorcycle accident attorney is your advocate after a crash. They can protect your legal rights to compensation and ensure you get the maximum value from your case. Relying on an attorney is wise. Take advantage of their experience in the following areas:

Representing You in Settlement Negotiations

Attorneys are trained negotiators. They know how to spot the losses you suffered from an accident and advocate to make you whole again. The last thing you want to do after a crash is, speak to an opposing insurance company alone. Insurance adjusters are laser-focused on protecting company profit, and they usually accomplish that goal by starting with lowball settlement offers.

Unfortunately, unrepresented motorcycle accident victims may jump at the chance to end their cases and move on with their lives. This is a mistake. The first offer from an insurance company is typically never the best and won’t cover all your losses.

Speaking to Debt Collectors on Your Behalf

The last thing you want to do is deal with another phone call or a threatening letter from a medical billing office as you try to heal from your severe injuries after a motorcycle crash. Despite that being the last thing you want to do, that will not stop bill collectors from calling. Hiring an attorney will let you field those calls, emails, and letters so you can focus on what matters-making a full physical recovery.

Preparing Your Case For Trial

A motorcycle accident trial begins at the moment of impact. That is why speaking to an attorney as soon as possible after a collision is vital. Your attorney will want to visit the accident scene, speak with witnesses, prepare your testimony, and complete all pretrial requirements.

Completing Pretrial Requirements

Your attorney will help you comply with all pretrial requirements, including discovery. Discovery is an investigatory process that allows each side of a case to ask for the production of documents and any questions that fall within the scope of civil procedural rules. Your attorney can help you stand within the boundaries set by the rules and get the most out of this pretrial phase.

Representing You at Trial

An attorney with courtroom experience will take care of you if your case goes to trial. Standing up and advocating in a courtroom is not as easy as it looks on T.V. and in the movies. You need someone with experience connecting with judges and juries who knows how the local court system works.

How Long Do I Have to File a Motorcycle Accident Lawsuit?

The time an accident plaintiff has to file a lawsuit is known as the statute of limitations. The statute of limitations is the deadline set by law allowing only a specific period of time to file a claim or lose their chance to file it at all.

State law sets the statute of limitations, so the time you have to file may vary by state. State laws allow accident victims anywhere from one to six years from the accident date to file a lawsuit in the applicable court.

Failure to file a lawsuit within the statute of limitations kills your claim. This is a strict deadline. Failure to file on time keeps you from recovering a cent of the compensation you deserve. Speaking to an attorney quickly after the accident helps accident victims protect their right to sue.

Will the Jury Determine How Much Money My Claim Is Worth?

If your case makes it to trial, a jury will probably decide how much your claim is worth. As a result, it is critical to present your case in the strongest light possible. An experienced attorney will know how to conduct your trial and will also coach you as to how to present yourself in court.

Jury members are human beings, and they are persuaded by many different factors. Your attorney will be in a process called voir dire. This is a jury selection process. During voir dire, your attorney will question each potential jury member looking for signs of bias that can negatively affect the outcome of your case.

Each side will have the opportunity to dismiss jurors. The goal is to select a group of people who are likely to view the facts of your case favorably.

What if I Cannot Afford an Attorney?

In many civil cases, a contingency fee payment arrangement is available. The availability of contingency fee arrangements allows more injured people to pursue justice with an attorney on their side.

Under contingency fee arrangements, clients defer payment until the end of the case. Typically, clients do not pay for the lawyer’s services unless they recover compensation.

If you want a contingency fee agreement, discuss that option with your lawyer.

Contact an Attorney Today

Tatiana Boohoff, Lawyer for Motorcycle Accident cases near Tampa area.
Tatiana Boohoff, Motorcycle Accident Attorney in Tampa. 

Motorcycle accident victims must always retain legal counsel as soon as possible after an injury-causing crash. The representation of a lawyer will protect your rights and allow you to focus on your mental and physical recovery. In addition, the sooner you have representation by a lawyer, the less chance you will say or do something that will hurt your chances of getting the full value of your claim.

For these reasons, if you have suffered injuries in a motorcycle accident, you should contact a lawyer today. The right personal injury lawyer in Tampa can evaluate your legal rights and options for free and begin seeking the financial recovery you deserve.

Request A Free Consultation Today!


Boohoff Law, P.A. — Auto Accident Lawyers – Tampa Office

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

Experienced Lawyer for Blame for My Motorcycle Accident near Tampa

What if I Am Partly to Blame for My Motorcycle Accident?

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.

What If I Can’t Afford an Attorney?

Motorcycle accident attorneys may offer contingency fee payment arrangements. A contingency fee payment arrangement is a payment structure that allows clients to defer payment for legal services until the end of their case. This is a beneficial arrangement for people who are avoiding paying a civil claim because of the anxiety surrounding legal fees.

Attorneys generally recover a percentage of the final settlement or award, and clients typically do not pay unless they recover compensation. Discuss the availability of a contingency fee payment arrangement with the attorney you intend to hire.

Contact an Attorney Today

Tatiana Boohoff, Lawyer for Motorcycle Accident cases near Tampa area.
Tatiana Boohoff, Motorcycle Accident Attorney in Tampa.

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. — Auto Accident Lawyers – Tampa Office

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

Experienced Lawyer for Motorcycle Accident near Tampa

​Should I Get a Lawyer for a Motorcycle Accident?

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.

What Problems Do Unrepresented Accident Victims Face?

Attempting self-representation is never worth the risk. Winning a negligence case is a difficult matter. Handling a courtroom or negotiating with an insurance adjuster whose job is to downplay your losses is an art form, and effectively presenting your case requires experience and skill.

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

Tatiana Boohoff, Lawyer for Motorcycle Accident cases near Tampa area.
Tatiana Boohoff, Motorcycle  Accident  Attorney in Tampa

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. — Auto Accident Lawyers – Tampa Office

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

Experienced Lawyer for Motorcycle Accident Lawsuit near Tampa

How Long Does a Motorcycle Accident Lawsuit Take?

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.

Collecting Your Judgment

Winning a motorcycle accident lawsuit is the first step to receiving the compensation you deserve after a crash. Sometimes, defendants do not or cannot pay a judgment. In those circumstances, a motorcycle accident plaintiff may find themselves needing to enforce a judgment.

There are several ways to collect a judgment award, but if legal action is necessary, you will spend more time waiting for compensation. An attorney with experience in debt collection can help you understand the legal options in your area to collect a judgment award from a motorcycle accident lawsuit.

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 sufferingPain 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

Tatiana Boohoff, Lawyer for Motorcycle Accident cases near tampa area.
Tatiana Boohoff, Motorcycle Accident Attorney in Tampa

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. — Auto Accident Lawyers – Tampa Office

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

Experienced Lawyer for Brain Injury near Tampa

​How a Lawyer Can Help After Suffering a Brain Injury After a Motorcycle Accident?

Motorcyclists and their passengers are vulnerable to suffering from severe injuries in a traffic crash. Because motorcycles do not have the coverage that other passenger vehicles do, if a biker gets into an accident, they risk injuries, including traumatic brain injuries, concussions, and other head injuries.

Treating a brain injury can quickly get expensive. Paying for another driver’s negligence does not end after a victim gets out of the hospital. A brain injury can cause lasting effects, including permanent disability. In that case, the victim will be paying for the effects of the crash for months or years to come as they learn how to walk, deal with the emotional trauma, and cope with lost income.

A brain injury attorney can help you understand your rights after a motorcycle crash and help you recover compensation for your injuries. If you or a loved one has suffered a brain injury after a motorcycle crash, contact a motorcycle accident attorney in your area immediately after an accident.

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Motorcycle Accident Statistics

Motorcycle safety is a concern for people across the country. According to the United States Department of Transportation, 5,579 motorcyclists lost their lives in traffic crashes across the nation in a recent year. In the same year, motorcyclist deaths accounted for nearly 15 percent of all traffic crash fatalities.

Motorcyclists who wore helmets while operating their bikes did not fare much better after an accident. The DOT reported that 60 percent of all fatally injured motorcyclists were not wearing helmets at the moment of impact. Helmet use was lower for passengers on motorcycles, at 40 percent.

Alcohol was a factor in many of the crashes that occurred in recent years. Drivers with a blood alcohol concentration level of 0.08 percent or higher caused 672 deaths during the day and 764 deaths at night. Drivers with a blood alcohol concentration level of 0.15 percent or higher caused 422 deaths at night and 438 during the day.

Head Injuries Are the Most Common Injury in Motorcyclist Accidents

One NCBI study followed a cross-section of motorcyclists admitted to the hospital. They accounted for accident type, accident time, and injury pattern. The study found that head injuries are the most common type of injury for motorcyclists that get into traffic crashes.

The NCBI stated that motorcyclists were the most vulnerable groups of motorists and tended to become accident victims most commonly.

The NCBI reported:

  • 4,205 motorcyclists went to the hospital after a crash
  • Collisions between cars, pedestrians, and motorcyclists were the most common cause of injuries.
  • Accidents between cars and motorcyclists accounted for 68 percent of all accidents studied.
  • Accidents between pedestrians and motorcyclists accounted for 22 percent of all accidents studied.
  • Head injuries accounted for 59.7 percent of the injuries for motorcyclists who needed hospitalization.
  • 85.4 percent of the motorcyclists who lost their lives in the accidents studied suffered from severe head injuries.

Potential Injuries in a Motorcycle Accident

Motorcyclists are much more likely to suffer from serious injury than other motorists.

Motorcycles do not have the same protection as other passenger vehicles, so motorcyclists and their passengers are more vulnerable to severe injuries, including:

  • Road rash
  • Disfigurement
  • Broken bones
  • Facial fractures
  • Burns
  • Spinal cord injuries
  • Amputations
  • Paralysis
  • Brain injuries

Brain injuries are a common type of injury motorcyclists may experience after a crash. Brain injuries can be expensive to treat, leaving the victim with life-long injuries.

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is a head injury that can leave the victim with a permanent disability. TBI happens due to blunt force trauma or a violent jolt to the head. After suffering from this injury, a patient may experience symptoms that can include unconsciousness, blurry vision, trouble concentrating, and confusion. TBI requires a medical diagnosis.

You will need emergency medical treatment after a hit to the head. The treatment you receive after a TBI depends on the severity of the harm. Some patients may require surgical or non-surgical treatment to properly heal from harm.

Surgical treatment for traumatic brain injuries helps the patient in emergencies. Examples of surgical treatment include placing a stent inside a patient’s skull to repair cracks and prevent further damage to the head and surgery to remove blood clots that can potentially detach and move to other areas of the body, placing the patient at risk of death.

Non-surgical medical treatment for traumatic brain injuries includes using medications to reduce pain and the risk of progressive injuries.

A TBI patient may receive some of the following medications to treat injuries that do not require surgical intervention:

  • Muscle relaxers
  • Diuretics
  • Blood thinners
  • Stimulants/steroids
  • Antidepressants, anxiety medications, or other mental health medications

How Do You Calculate Brain Injury Damages?

Each motorcycle accident case is different. The facts of your case will determine how much your case is worth. An experienced motorcycle accident attorney can help you identify your damages and build your case to increase the possibility of receiving maximum compensation.

Factors that may increase the value of your traumatic brain injury claim may include:

  • If your injuries were particularly severe. Typically, the more severe the injuries are and the greater the likelihood that the victim will suffer long-term effects, the more valuable the settlement.
  • If you had a high income. If you are a high earner and are unable to work, it will likely increase the value of your claim,
  • Long-term disabilities. If you have disabilities that are going to keep you from working, pursuing a career in your chosen field, or engaging in activities you once enjoyed, it will likely increase the value of your motorcycle accident claim.

Factors that may decrease the overall value of your settlement can include:

  • Prior medical conditions may decrease the value of your settlement. If you have a previous head injury, insurance companies will argue that the crash was not the cause of your injuries or not the primary cause to reduce the amount of money they pay in a settlement.
  • The state where you filed your claim. State law may limit the amount of money available in your claim. For example, some states may not permit recovery for punitive damages.

How Can an Attorney Help Me?

Your attorney and the legal team you build after a motorcycle crash are your defense against large insurance companies and defense attorneys that are laser-focused on keeping you from the compensation you need to recover financially after a crash.

A motorcycle accident attorney can help you in the following ways:

Settlement Negotiations

A motorcycle accident attorney can help you navigate settlement negotiations with the insurance company. Many insurance companies place their bets on accident victims wanting to resolve their cases and foregoing hiring legal counsel quickly. Insurance companies may offer a fast, lowball settlement to avoid paying out large claims that will cover a victim’s losses. When counsel represents a victim, insurance companies do not play those games.

Hire an Expert Witness to Explain Your Head Injury

Knowing the extent of your harm after a head injury can be difficult. After an accident, some motorcyclists make the mistake of refusing medical care after hitting their heads. That is a mistake. Anytime you rock your head, you may have suffered a brain injury.

The severity of some injuries may not be readily apparent. An accident attorney can enlist the services of an expert witness to substantiate your injury and the way in which it will affect your life. Expert witnesses are often vital at trial because they can thoroughly explain your harm to a jury and describe how the injury will affect your life moving forward.

Help You Focus Solely on Recovery

There is a two-prong recovery process after a motorcycle accident. Injury victims must recover physically and financially. The physical recovery part of a brain injury is tough enough. You may need to recover from surgery, adjust to new medication, or participate in physical therapy and rehabilitation. That is enough work for you to do.

An accident attorney will take the burden of pursuing financial recovery off you.

Your attorney and their team will handle the legal side of things. They will ensure that your case complies with all applicable state and local procedural rules, so a judge does not dismiss it.

Help You Tell Your Story

As your case progresses, you will be required to tell your story to a lot of people. Many people tend to downplay their injuries after an accident. Victims want to appear stoic and strong. Your attorney will help you highlight the areas of your story that are the most compelling so an insurance adjuster, a judge, or a jury can see how much the accident has affected your life.

Prepare You for Trial

If your case does not settle during negotiations with the insurance company, it will move forward and go to trial. The thought of a civil trial can be overwhelming, especially if it is your first time being at trial. Plaintiffs that represent themselves tend to have a more difficult time getting the compensation they need – if they can obtain any compensation at all.

Get Quality Legal Advice

Having a motorcycle attorney means avoiding endless online searches about your legal rights. A communicative attorney knows you will have questions while your case is pending. If you ask your attorney, you can trust that you will receive the correct information to make informed decisions about your motorcycle accident case.

How to Choose the Best Motorcycle Accident Attorney?

Choosing the best legal team is essential for the success of your case. The best way to choose the right legal team is to review the attorney’s qualifications and assess how well you will work together. Here are some things to look for as you choose an attorney:

Experience

An experienced attorney can get you the best results on your claim. You will need an attorney experienced in handling motorcycle claims. They will know the unique challenges that you will face and the arguments insurance companies will income against your claim.

The Attorney’s Track Record

Check the attorney’s track record for successful outcomes in motorcycle crash cases. You can find this information by speaking to past clients, reading client reviews, talking to loved ones who have used the attorney previously, or asking the attorney about their experience during your initial consultation.

Make Sure You Feel Comfortable Working With the Attorney’s Team

Most civil cases, including motorcycle accident claims, take a long time to conclude. You want to ensure you have a legal team you feel comfortable communicating and sharing parts of your life with. Think about it; these people will review your medical records and learn more about you. You should feel good about your team.

Make Sure You Agree to the Attorney’s Payment Structure

Different attorneys have different payment structures, which often depend on the type of case. For civil accident cases, many attorneys work on a contingency fee basis. A contingency fee agreement works by allowing a client to defer payment for legal fees until the end of the case and ensuring that they can obtain legal representation regardless of their ability to pay.

Most contingency fee agreements let clients avoid paying a fee unless they obtain a settlement or an award at trial. Lawyers usually take a percentage of the final settlement as payment for their services. Speak to your attorney regarding the details of this payment arrangement.

Contact a Motorcycle Accident Attorney Today

Tatiana Boohoff, Lawyer for Motorcycle Accident cases near Tampa area.
Tatiana Boohoff, Motorcycle Accident Attorney in Tampa

You need an attorney if you or a loved one has suffered an injury in a motorcycle accident. There is no reason to try to face the legal process alone, and trying can easily result in getting far less than your case is worth.

Retaining the best legal team means you are in the best position to get maximum results from your motorcycle accident lawsuit. Contact a personal injury lawyer in Tampa today and start pursuing fair compensation.

Request A Free Consultation Today!


Boohoff Law, P.A. — Auto Accident Lawyers – Tampa Office

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

Recovery is personal.

We recover millions for our clients every month, but we know that every case is different and that recovery is personal.
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