Most motorcycle accidents happen when other drivers behave negligently. Some of the most common causes of these accidents include distracted driving, where a driver fails to watch the road attentively, and speeding. These accidents may also result from aggressive driving maneuvers, driving under the influence of alcohol or drugs, and other moving violations.
If you suffered injuries in a recent motorcycle crash, a skilled motorcycle accident attorney in your area can help you. Your lawyer can review the police report and other accident-related documentation to determine the cause of your accident and take the appropriate legal steps on your behalf.
Throughout the case, your attorney will aggressively advocate for your rights and interests pursuing the full monetary recovery you deserve.
What Are the Most Common Causes of Motorcycle Accidents?
Motorcycle crashes frequently result from the negligence of other drivers when they violate traffic laws and engage in other forms of reckless or aggressive driving.
- One major cause of motorcycle accidents is a failure to see the motorcycle or motorcyclist. Many drivers do not adequately check their mirrors or blind spots before changing lanes or turning. This oversight can lead to collisions when a motorcycle is in the driver’s path. For instance, a car turning left at an intersection may not notice an oncoming motorcycle, resulting in a severe crash.
- Another common cause is reckless driving behaviors, such as speeding or aggressive lane changes. Drivers who tailgate or weave through traffic create dangerous situations for motorcyclists, who have less stability and are more vulnerable to abrupt changes. This reckless behavior can lead to rear-end collisions or sideswipe accidents.
- Distracted driving is also a leading factor in motorcycle accidents. Drivers who text, talk on their phones, or engage with in-car technologies are less likely to pay attention to their surroundings. This distraction can lead to a failure to yield or sudden stops, causing serious accidents. For example, a distracted driver may not notice a motorcyclist slowing down for a traffic signal, resulting in a rear-end collision.
- Poor road conditions also contribute to motorcycle accidents. Potholes, debris, and uneven surfaces can catch a rider off guard, dislodging them from their motorcycle and causing serious injuries. In these situations, cities, municipalities, and others responsible for maintaining roadways may bear fault.
- If a car driver speeds or does not pay close attention to road signs, they may cause motorcycle accidents.
- Finally, driving under the influence of alcohol or drugs significantly increases the likelihood of motorcycle crashes. Impaired drivers are less capable of judging distances and speeds, making it difficult for them to see motorcycles or respond appropriately to their presence. A drunk driver may misjudge the speed of an approaching motorcycle, leading to a collision.
Injuries and Medical Treatment Following a Motorcycle Collision
Victims of motorcycle collisions often face a range of serious physical and mental injuries.
- One of the most common physical injuries in a motorcycle collision is road rash, which occurs when a rider’s skin scrapes against the pavement. This can cause severe wounds requiring skin grafts.
- Additionally, bone fractures are prevalent, particularly in the arms, legs, and ribs. The force of a collision can easily break bones, as motorcyclists have less protection than occupants of enclosed vehicles.
- Head injuries are also a significant concern for motorcyclists. Even with helmets, riders can suffer concussions or traumatic brain injuries (TBIs) if another vehicle strikes them or they fall to the ground. These injuries can lead to long-term cognitive issues, such as memory loss, difficulty concentrating, and changes in mood or behavior.
- Spinal injuries are another severe consequence of motorcycle accidents. Damage to the spine can result in chronic pain, loss of mobility, or paralysis. The risk of such injuries is heightened in high-speed collisions or when a rider is thrown from their bike.
- In addition to these physical injuries, many motorcycle accident victims experience mental health challenges following an accident. Those involved in traumatic crashes may develop post-traumatic stress disorder (PTSD). Victims may experience flashbacks, anxiety, and avoidance behaviors that significantly affect their daily lives.
- Depression is another common mental health issue following a motorcycle crash. The emotional toll of recovery, combined with the physical limitations that various injuries impose, can lead to feelings of isolation and despair. Victims may struggle with their self-image and ability to participate in previously enjoyed activities, contributing to a decline in mental well-being.
- Furthermore, anxiety surrounding riding again is a common concern. Many victims develop a fear of motorcycles or driving in general, leading to difficulties in returning to normal life. This can bring about a cycle of avoidance and fear, affecting their overall quality of life.
How to Prove Negligence in a Motorcycle Accident Claim or Lawsuit
You must prove negligence in a motorcycle accident to recover compensation for your injuries.
To succeed, you must establish duty, breach, causation, and damages.
- First, duty of care refers to the responsibility that drivers have to drive safely and not put others at risk. In the context of a motorcycle accident, all drivers must drive attentively and follow traffic laws. This means watching for motorcycles, signaling when changing lanes, and obeying posted speed limits.
- Next, you must show that the other driver breached this legal duty of care. A breach occurs when a driver fails to act reasonably, which can include actions like texting while driving, speeding, or ignoring traffic signals. A lawyer can collect evidence that demonstrates the driver’s unsafe behavior. This can include witness statements, police reports, or even traffic camera footage that shows the driver’s negligence.
- The third element is causation. You must prove that the other driver’s breach of duty directly caused the motorcycle accident and your injuries. This means linking the driver’s unsafe behavior directly to the crash. For example, if a driver ran a red light and hit your motorcycle, you must show that this action was the reason for the accident. Medical records and expert testimony can help to establish the connection between the negligent behavior and your injuries.
- Finally, you need to provide evidence of damages. Damages refer to the losses you incurred from the motorcycle accident, including medical expenses, lost income, and pain and suffering. Keep thorough records of all your medical treatments, bills, and any effects the injuries have had on your daily life. This documentation can strengthen your case and demonstrate the full extent of your damages.
In addition to establishing these four elements, a skilled motorcycle accident attorney can greatly enhance your chances of proving negligence. They can gather evidence, negotiate with insurance companies on your behalf, and represent you in court if necessary.
How to File a Motorcycle Accident Claim
Filing a successful motorcycle accident claim involves several important steps beyond initial medical treatment and insurance communications.
Following these steps helps to ensure that your claim is properly documented – and that it will succeed.
- Document the Accident Scene – Gather and retain as much information as possible about the scene. This can include photographs of the vehicles involved, the surrounding area, and any visible injuries. Pictures of skid marks, road conditions, and traffic signs can serve as valuable evidence later on.
- Retain Witness Contact Information – If witnesses saw the motorcycle accident, keep their contact information in case your attorney needs to contact them. Eyewitness accounts can significantly strengthen your case – especially if they corroborate your version of events.
- Obtain Police Reports – A police report is an essential piece of documentation for your claim. It provides an official account of the accident, including details about how it occurred and any citations issued. Request a copy of the report as soon as police make it available.
- Keep Detailed Records – Maintain a thorough record of all relevant documents related to the motorcycle crash. This includes medical bills, repair estimates for your motorcycle, and any other expenses incurred due to the accident. Document your recovery process, including physical therapy sessions or follow-up appointments, as this information will help quantify your damages.
- Consult with an Experienced Motorcycle Accident Attorney in Your Area – Retaining a knowledgeable motorcycle crash lawyer can significantly enhance your claim’s success. They can guide you through the legal process, gather evidence, and negotiate with insurance adjusters on your behalf. You need an attorney’s legal knowledge and skills when dealing with insurance companies that may try to minimize your claim.
- Calculate Your Damages – Your attorney can determine the full extent of your losses, including medical expenses, lost income, and pain and suffering. They will thoroughly calculate both current and future costs, as motorcycle accident injuries can sometimes lead to long-term complications.
- Prepare Your Claim – With all the evidence and documentation collected, your motorcycle crash lawyer will prepare and file your claim in a timely manner.
- Be Prepared for Negotiation – Once your claim is submitted, be ready for negotiations with the insurance company adjuster. They may offer a settlement, but ask a lawyer to evaluate whether the offer fairly compensates you for your injuries and losses.
By following these steps, you can build a strong foundation for your motorcycle accident claim, increasing your chances of achieving a successful outcome.
Determining the Value of a Motorcycle Accident Case
Determining the value of a motorcycle accident case involves assessing various factors related to the accident and its overall effect on your life.
Damages you can recover compensation for in a motorcycle accident claim or lawsuit include:
- Medical Expenses – One of the primary components of your claim is the medical costs associated with your injuries. This includes hospital bills, doctor visits, physical therapy, medications, and any future medical care you may need. Keeping detailed records of all medical expenses is important in calculating the total amount.
- Lost Earnings – If your injuries prevent you from working, you can recover compensation for lost income. This includes not only your current income but also any future earnings you may miss out on due to long-term disabilities or recovery time. Documenting your work history and income will help support this aspect of your claim.
- Pain and Suffering – In addition to tangible expenses, you may be entitled to compensation for your pain and suffering. This is a subjective measure of the physical and emotional distress resulting from your injuries. Factors that can influence this amount include the severity of your injuries, the length of your recovery, and how the injuries affect your daily life and enjoyment.
- Emotional Distress – Some victims experience anxiety, depression, or other emotional challenges following a motorcycle accident. This compensation can be included in your claim if you can demonstrate that your mental health has been negatively affected due to the incident.
- Property Damage – The cost to repair or replace your motorcycle is another essential factor in determining the value of your case. Obtaining repair estimates or invoices for any damage caused during the accident will help to establish this part of your claim.
- Expert Testimony – Sometimes, expert opinions from medical professionals or accident reconstruction specialists can provide critical insights into the value of your claim. Their evaluations can strengthen your case and justify your requested compensation.
By carefully evaluating these factors and working with an experienced motorcycle accident attorney in your area, you can determine the value of your case and pursue the compensation you deserve.
Speak to a Motorcycle Accident Lawyer in Your Area Right Away
If you recently sustained injuries in a motorcycle crash, a skilled personal injury attorney can go over your options with you, take the appropriate legal steps, and pursue the compensation you deserve.
Throughout the process, your lawyer will aggressively negotiate with insurance company representatives. If the insurance company refuses to compensate you fairly for your losses, your attorney can file a lawsuit and, if necessary, litigate your case in court.
