Riding a motorcycle can be an enjoyable and thrilling adventure. But, when hit by another vehicle, it can be catastrophic. If you were injured in an accident, having a motorcycle accident lawyer on your side can be an invaluable asset.
The Motorcycle Accident Attorneys at Schuerger Shunnarah Trial Attorneys have years of experience in motorcycle litigation and aren’t intimidated to fight for your case. We have a rock-solid reputation and want our clients to get the compensation they deserve.
Should I Hire an Attorney After a Motorcycle Accident?
If you decide to file a motorcycle accident claim, it’s imperative that you hire a lawyer to get the maximum compensation for your injuries.
Without an attorney to guide you, you might feel overwhelmed during the process and make costly mistakes due to not knowing everything about the legal aspects of a motorcycle accident case. Let’s discuss what a motorcycle accident lawyer will do for your case.
Attorneys Will Investigate the Accident
Motorcycle accident attorneys understand the injuries after a crash, and how it may be difficult to remember all the details. An experienced attorney is able to investigate the accident by gathering proof and proving liability.
The first step is to acquire all of the evidence you can, which includes photos of the collision, witness reports, and the other driver’s contact information (phone number, email, etc.).
Because motorcycle accidents frequently result in significant injuries, you may not be able to obtain initial evidence on your own. If at all possible, obtain as much information as you can or enlist the assistance of someone. The following is the most crucial information for your motorcycle accident claim:
- Photos of the accident scene, all vehicles, and visible injuries
- Police report
- Information about the other driver: Car insurance company, license plate number, details on the driver’s license, and so on
- Information about any witnesses or passengers, including their names and phone numbers
- Is there any pertinent information regarding the road (was it icy or wet? Were were any things nearby?)
Next, Proving Liability is one of the most critical aspects of bringing a claim for a motorcycle accident. It is essential to your claim to have evidence to show that the other motorist was at fault.
Motorcycle accident victims are frequently disoriented following a collision. You may not know exactly what happened, or how to prove it. This is when an attorney can help.
Infractions of traffic laws, the extent of property damage, the type of collision, the police reports, and accident reconstructionists are some of the factors used by motorcycle accident lawyers to assess fault.
Calculate Damages and Compensation
Now that the fault is determined and the proof is gathered, you need to determine the amount of damages and compensation that is deserved.
Your total financial compensation will include economic and non-economic losses. These losses include property damage, medical bills, pain and suffering, lost wages, and more. Your attorney will be able to calculate the amount of compensation that is fair for your case.
Fight For Maximum Compensation
Once an amount has been determined, it’s time to negotiate with the insurance company. Typically, insurance companies would strive to offer the smallest amount of compensation possible at first and will give a lowball settlement offer. Insurance companies seek to pay as little as possible for injury claims, which is why you need a skilled motorcycle accident attorney on your side.
Once the negotiations begin, your lawyer will keep you updated on whether or not a fair settlement is offered. The issue could proceed to court if the insurance company does not make a reasonable offer.
Most motorcycle accident cases can be resolved without going to trial. But, if the insurance company doesn’t agree on a fair settlement, it can be taken to court. This is why it is crucial to choose an attorney who is willing to fight for maximum compensation.
Our Motorcycle Accident Lawyers offer a Free Consultation, so there is no risk in calling to discuss your accident.
What Will You Be Compensated for After a Motorcycle Accident?
Every accident is different, and so are the types of damages and amounts of compensation. An attorney can help in calculating these damages to provide an amount of fair compensation. Here are some of the damages you can get compensation for after a motorcycle accident.
- Property Loss: The expense of repairing or replacing your motorcycle, as well as any personal property you may have been riding with, is known as property damage. If the cost of repairing a motorcycle outweighs the motorcycle’s value, the insurance company is required to pay the bike’s fair market value because it was a total loss.
- Medical Expense: Any medical expenses incurred as a result of a motorcycle accident may be covered. This includes ambulance travel, hospital costs, doctor’s appointments, medication, surgeries, and any other medical care expenses.
- Lost Wages: If your injuries keep you from being able to work, your time off can be compensated. This can also include the time that was used for rest, doctor’s appointments, rehabilitation appointments, or any appointments that caused you to miss work due to your injury.
- Pain and Suffering: Pain and suffering deserve to be compensated. The difficult part is calculating how much financial compensation is fair. Pain and suffering compensate for the feeling that you are experiencing from your injuries. It’s the pain from broken bones or internal injuries. It’s the mental anguish of the experience of being thrown off your bike.
- Punitive Damages: Punitive damages is additional compensation that can be added to the settlement. In this type of case, the at-fault person may be financially punished if their actions warrant a harsher penalty than the accident damage compensation.
- Loss of Enjoyment: If the accident caused the motorcyclist to be unable to continue to do things he or she once loved, they could ask for compensation for loss of enjoyment. For example, if the victim was an avid runner but the accident caused him to be disabled and no longer run, they could claim loss of enjoyment.
- Loss of Consortium: Whereas loss of enjoyment is for the injured motorcyclist, loss of consortium is for a motorcycle accident victim’s loved one. If the accident is fatal or leaves the victim unable to fulfill marital obligations, the spouse or immediate family members can sue for loss of consortium.
- Wrongful Death: When a motorcycle driver or passenger dies in an accident, the victim’s family may file a wrongful death lawsuit against all of the responsible parties.
Frequently Asked Questions About Motorcycle Accident Cases
How Much Does a Motorcycle Accident Lawyer Cost?
The majority of personal injury legal firms, including your motorcycle accident attorney, operate on a contingency fee basis. This means they will take your motorbike accident case without charging you anything upfront. They will only deduct a percentage of your settlement for legal fees once they have obtained the sum you deserve.
This means you can concentrate on recovering from your injuries since you have a legal team fighting for the reimbursement you deserve from the other driver’s insurance company. Most personal injury legal offices also provide the initial consultation at no cost, so calling is risk-free.
Do You Have to Go to Trial for a Motorcycle Accident Lawsuit?
Motorcycle accident lawsuits usually settle before going to trial. An experienced attorney works to negotiate with the insurance company to be able to settle without going to trial, so you can get your compensation quicker, without the hassle of going to court.
Only when the insurance company refuses to pay adequate compensation will the case go to court. That being said, you should choose an experienced motorcycle crash attorney that is willing to go to court if needed.
What Are the Most Common Causes of Motorcycle Accidents?
Motorcycle accidents are frequently caused by the negligence of another motorist. Motorcycles are more difficult to spot than cars because of their size. The following are some of the most common reasons for motorcycle accidents:
- Negligent drivers – failed to see the motorcycle, failed to yield, and so on.
- Blind Spots
- Poor road conditions
- Inclement weather
- Drunk Driving
- Road Hazards
- Motorcycle manufacturer defect
- Reckless behavior- driving over the speed limit, doing tricks, etc
As previously stated, motorcycle accidents frequently result in significant injuries. This is why it’s critical to hire a motorcycle accident lawyer to hold the at-fault party accountable.
Does Not Wearing a Helmet Affect My Motorcycle Accident Case?
This is an excellent question. Wearing a helmet could mean the difference between life and death for a motorcycle rider, as well as the amount of compensation you receive. You may be held liable for some of your injuries if you are involved in a motorcycle accident without wearing a helmet and suffer a head injury or traumatic brain damage.
For example, if you were riding without a motorcycle helmet and a vehicle hit you while texting, you could be held partially liable for any injuries that could have been avoided if you had worn a helmet.
Helmets save lives and make motorcycle accident claims more straightforward.
What Are Common Motorcycle Accident Injuries?
Due to the nature of a motorcycle and the lack of protection it provides, injuries sustained in an accident are often severe. Some common motorcycle accident injuries include:
- Broken Bones or Bone Fractures
- Head and Neck Injuries
- Traumatic Brain Injury
- Road Rash
- Internal Organ Damage
- Spinal Cord Injuries
- Catastrophic Injury – loss of limbs, paralysis, permanent injury or disability, etc.
These are just a few of the common motorcycle injuries. Experiencing a severe injury can result in costly medical bills. This is one of the top reasons you should hire a motorcycle lawyer after an accident.
Contact a Motorcycle Accident Lawyer for Maximum Compensation
If you were injured in a motorcycle accident, don’t hesitate to call Schuerger Shunnarah Trial Attorneys. We offer a free, no-obligation consultation to motorcycle accident victims.
At Schuerger Shunnarah Trial Attorneys, we guarantee that you will receive excellent legal advice, services, and assistance. Using professional lawyers who are familiar with personal injury law and cases, you will be able to assert your rights and entitlements without worry or delay. Our legal experts will put out their best effort in your case to guarantee that you are fairly compensated.