Motorcycle Accident Lawsuit [2024 Guide]

What to Do After a Motorcycle Accident

Motorcyclists are at a higher risk of encountering accidents than other motor vehicles.

While motorcyclists are often blamed for collisions, there are numerous instances where they are clearly victims, injured through no fault of their own.

Knowing what steps to take immediately after the accident and during your recovery is crucial to protecting your legal rights and ensuring your well-being.

However, it is important to acknowledge that not all accident victims are physically able to complete these steps due to the severity of their injuries.

What to Do Immediately After a Motorcycle Accident

Your priority right after the accident is to ensure your safety and receive medical attention.

If you are able, gathering evidence to strengthen your motorcycle injury claim can be crucial.

However, if your injuries prevent you from taking immediate action, focus on your health, and these steps can be addressed later with the help of law enforcement or a legal representative.

Steps to take right after an accident include:

• Ensure Safety and Secure the Scene: If possible, move to a safe location to avoid further harm. Set up warning triangles or flares, if available, to make the accident scene visible.
• Check for Injuries: Assess yourself and others for injuries. Avoid moving anyone who appears seriously injured unless there is immediate danger, such as a fire risk.
• Call Emergency Services: Dial 911 or your local emergency number to report the accident and request medical assistance. Even if you’re unable to do this yourself, ensure that someone else does.
• Gather Evidence: If you are able, take photos or videos of the accident scene, including vehicle positions, damage, road conditions, and any visible injuries.
• Exchange Information: Exchange names, contact details, insurance information, and vehicle registration numbers with all involved parties. Avoid discussing fault or making any admissions.
• Report the Accident: Contact the police to file an official accident report, even if the accident seems minor. Obtain a copy of the police report for your records.
• Notify Your Insurance Company: Inform your insurance company about the accident as soon as possible.

Steps to Take During or After Recovery from a Motorcycle Accident

As soon as you’re starting to feel better, you should begin taking steps necessary to file a motorcycle accident case against the liable party if you were injured at no fault of your own.

It’s essential to follow your doctor’s advice to aid your recovery and document everything related to your treatment.

However, if your injuries are severe, you may not be able to take these steps immediately.

In such cases, enlisting the help of a trusted family member, friend, or legal representative to handle these tasks on your behalf is crucial.

Crucial steps to take during or after recovery include:

• Follow Medical Advice: Adhere to your doctor’s recommendations and attend all follow-up appointments. Keep a journal of your symptoms, pain levels, and any impact on your daily life.
• Document Everything: Maintain a detailed record of all medical treatments, medications, and expenses. Keep copies of all accident-related documents, including medical bills, repair estimates, and correspondence with insurance companies.
• Communicate With Your Insurance Company: Keep in regular contact with your insurance company and provide them with any additional information they request. Don’t sign any settlement agreement without consulting a personal injury lawyer.
• Consult Motorcycle Accident Lawyers: Contact a lawyer specializing in motorcycle accidents to evaluate your case and advise you on your legal options. An experienced attorney can help you navigate the legal process, negotiate with insurance companies, and ensure you receive fair compensation.
• Rehabilitate and Recover: If necessary, engage in prescribed physical therapy or rehabilitation programs to aid your recovery. Seek support from friends, family, or support groups to help cope with emotional and psychological impacts.

Recovery From Serious Motorcycle Accident Injuries

Recovering from a serious motorcycle accident can be a long and challenging process, often requiring extensive medical care and rehabilitation.

In cases where injuries are severe, such as traumatic brain injury, spinal cord injury, or multiple fractures, a motorcycle accident victim may face prolonged hospital stays, surgeries, and ongoing therapy.

During this time, it’s important to focus on your health and recovery.

Let your medical team and legal representatives handle the complexities of your case.

An experienced motorcycle accident lawyer can work with your healthcare providers to document your injuries and the impact on your life, helping to build a strong case to seek compensation.

For those facing long-term or permanent disabilities, adapting to a new way of life can be overwhelming.

Access to rehabilitation services, psychological support, and assistance with daily activities is crucial.

Surround yourself with a strong support network and explore all available resources to aid in your recovery journey.

Your lawyer can also help seek compensation from the other driver for future medical needs, loss of income, and any necessary modifications to your living environment to accommodate your injuries.

The Legal Aspects of Filing a Motorcycle Accident Claim

Like any personal injury case, filing a motorcycle accident claim involves understanding legal nuances, gathering comprehensive evidence, and accurately assessing damages.

Understanding these elements can significantly impact the outcome of your claim.

An experienced motorcycle accident lawyer can help you through the legal process, determine how much compensation to seek from the at-fault party,

What Is the Statute of Limitations and Why Does It Matter?

The statute of limitations is a law that sets the maximum time after an event within which the plaintiff may initiate a legal claim.

For motorcycle accident claims, the statute of limitations varies by state and can range from one to several years.

In Illinois, the statute of limitation for filing a personal injury claim for motorcycle accidents is two years while it’s five years in Missouri.

Filing within the statute of limitations is crucial.

You may lose your right to pursue a claim if you miss the deadline.

Early action also allows your lawyer to gather evidence and build a stronger case.

As time passes, evidence can deteriorate or become harder to obtain.

Acting promptly ensures vital information is preserved and helps your lawyer build a stronger accident case to attain or exceed the average motorcycle accident settlement.

What Evidence Should You Obtain?

Gathering comprehensive evidence is critical to support your motorcycle accident claim.

The strength and validity of your evidence reflect the likelihood of you obtaining favorable compensation.

Types of evidence you and your lawyer should gather to build up your case includes:

• Police Reports: These reports include the accident’s official account, parties involved, and any citations issued. It also serves as an authoritative source of information for insurance companies and courts.
• Witness Statements: Witness testimonies corroborate your version of events and provide an unbiased perspective of the accident.
• Medical Records: Obtain detailed documentation of your injuries, treatments, and medical expenses. These records demonstrate the extent of your injuries and their impact on your health.
• Photographic Evidence: Taking photos of the accident scene (i.e., damage to the vehicle and injuries) provides tangible proof of the extent of the accident’s impact.
• Accident Reconstruction Reports: Your lawyer may also recruit an accident reconstructionist to provide expert analysis of the accident dynamics. These professionals help clarify how the accident occurred and who may be at fault.
• Financial Documents: Collect and preserve your records of lost wages, repair bills, and other economic losses. Financial reports quantify the economic impact of the accident on your life.

Assessing Motorcycle Accident Damages

An accurate damage assessment is crucial to ensure fair compensation.

Depending on the injuries and damages you sustained, you may be entitled to recover the different types of compensation.

Compensation can include:

• Medical Expenses: This category covers the cost of emergency care, hospital stays, surgeries, medications, physical therapy, and ongoing medical treatment.
  • Collect all medical bills and keep records of future treatment estimates.
• Lost Wages: You may also recover the income you lost due to the inability to work during recovery. Provide pay stubs, tax returns, and a letter from your employer confirming time missed from work.
• Pain and Suffering: Compensation also extends to non-economic or subjective damages. This type of compensation pays for physical pain and emotional distress caused by the accident.
  • While this damage is subjective, pain and suffering can be supported by medical records and psychological evaluations.
• Property Damage: You can also claim compensation for repairing or replacing your motorcycle and any other personal property damaged in the accident. Obtain repair estimates or receipts for replacement items.
• Loss of Consortium: This damage compensates for the impact on your relationship with your spouse or family. Proving your right to obtain this compensation requires testimony from family members and psychological evaluations.
• Punitive Damages: This compensation is awarded in gross negligence or intentional misconduct cases. While this compensation is uncommon, it’s usually encountered in vehicular accident cases.

Understanding the legal aspects of filing a motorcycle accident claim is essential for protecting your rights and securing fair compensation.

Consulting with an experienced personal injury lawyer can further enhance your ability to navigate the complexities of the legal process and achieve the best possible result.

Hiring the Right Motorcycle Accident Attorneys

While it might be tempting to hire the very first motorcycle accident attorney you find, it’s important to remember that not all motorcycle accident attorneys are the same.

Hiring the right motorcycle accident lawyer can increase the chances of success in your case.

A motorcycle accident lawyer plays a multifaceted role in assisting victims throughout the claims process.

From offering legal advice and handling negotiations with insurance companies to representing the victim in court, a lawyer’s expertise and advocacy are invaluable in ensuring victims receive fair compensation and justice.

Ways an experienced motorcycle accident attorney can make a difference in your case include:

• Offering legal advice
• Handling negotiations with insurance companies
• Representing victim in court
• Additional responsibilities

Offering Legal Advice

An experienced personal injury lawyer will evaluate the details of your case, including the accident, injuries, and potential liability, to determine the best course of action.

The lawyer will explain your legal rights and options, helping you understand what to expect and how to proceed.

Based on the specifics of your case, your lawyer will develop a legal strategy to maximize your compensation and will review potential legal theories and laws to fortify your claim.

Throughout the process, your lawyer will be available to answer any questions you have and provide updates on the progress of your case.

They will advise you on critical decisions, such as accepting motorcycle accident settlements or proceeding to trial.

Handling Negotiations With Insurance Companies

Your lawyer will handle the process of filing insurance claims, ensuring all necessary documentation is submitted accurately and on time.

They will communicate directly with the insurance adjuster on your behalf, protecting you from tactics that might reduce your claim.

Your lawyer will evaluate settlement offers to determine if they are fair and adequate based on the extent of your injuries and damages.

If an initial offer is insufficient, your lawyer will negotiate for a higher settlement that reflects the actual value of your claim.

They will ensure you do not inadvertently say or do anything that could jeopardize your claim.

Representing the Victim in Court

If the opposing party won’t provide a fair settlement, your lawyer will prepare to take your case to court.

This process involves gathering additional evidence, securing expert witnesses, and developing a compelling argument.

They will handle all necessary legal paperwork, including filing lawsuits and responding to motions.

While the pre-trial process is ongoing, your lawyer will keep negotiating with the defendant to acquire a fair settlement without proceeding to trial.

When the trial schedule arrives, your lawyer will represent you in court, presenting evidence, cross-examining witnesses, and arguing with the judge and jury.

Throughout the trial, they will advocate on your behalf to secure a favorable verdict and maximum compensation.

If necessary, your lawyer can file appeals or respond to appeals from the opposing party.

They will also assist in enforcing court judgments to ensure you receive the awarded compensation.

Additional Responsibilities

Your lawyer will thoroughly investigate the accident, gathering evidence such as police reports, witness statements, and accident reconstruction analyses.

They will also identify all potentially liable parties, including other drivers, manufacturers, or even government entities responsible for road maintenance.

Personal injury lawyers are also responsible for estimating your damages.

Your lawyer will calculate your potential economic damages, including medical expenses, lost wages, and property damage.

They will also assess non-economic damages like pain and suffering, emotional distress, and loss of consortium.

A good lawyer is more than just a talented legal representative.

Good-natured lawyers will offer emotional support as they understand the stress and trauma associated with a motorcycle accident.

By managing the legal aspects, they allow you to focus on your recovery with confidence that your legal matters are in capable hands.

What Are the Most Common Causes of Motorcycle Accidents?

Motorcycle accidents can occur for various reasons, and understanding these causes is crucial for prevention and safety.

Common causes of motorcycle accidents can include:

• Driver negligence
• Speeding
• Impaired driving
• Poor road conditions
• Mechanical failures

Driver Negligence

It’s common for drivers to zone out while driving, especially during a long and monotonous drive.

Motorists are distracted by their phones, GPS devices, and other passengers, or they’re just simply exhausted.

This negligence can lead to drivers failing to check blind spots, follow traffic signals, or yield the right-of-way to motorcyclists, causing accidents.

Maintaining focus and driving within the speed limit can reduce the number of motorcycle accidents caused by driver negligence.

Speeding

While many experienced motorcycle riders have conflicting opinions on what “throttle therapy” means, one thing that is agreed upon by all riders is the appeal of speed.

Throttle therapy is a term used for motorcycle riding, where riders go fast to experience an adrenaline rush and break free from the stresses of daily life.

Inexperienced riders might have trouble controlling high speeds, leading to collisions with other vehicles or objects on the road.

Increased speed reduces the rider’s reaction time to unexpected obstacles or changes in traffic patterns.

Impaired Driving

Driving under the influence of alcohol or drugs is a leading cause of motor vehicle accidents, both cars and motorcycles.

When a motorist is drunk or drugged, their judgment is impaired, leading to slower reaction times and poor decision-making.

Injuries caused by drunk driving are usually more severe than those caused by sober drivers due to the increased likelihood of high-speed collisions.

It’s essential for riders never to operate a motorcycle while under the influence of alcohol or drugs.

Poor Road Conditions

The motorist is not always at fault for motorcycle accidents.

Poor road conditions can impair a rider’s ability to control their vehicle, leading to accidents.

Some road hazards that could put motorcyclists at risk include:

• Potholes: Deep potholes can cause a motorcycle to lose control, leading to accidents.
• Loose Gravel or Debris: These can make the road surface slippery, causing riders to lose traction and potentially crash.
• Uneven Pavement: Dips, bumps, and uneven pavement can affect a motorcycle’s stability and cause accidents.
• Construction Zones: Changes in traffic patterns and unpaved roads in construction zones can be hazardous for motorcycles if not navigated carefully.

Road construction zones, especially in rural areas with limited visibility, can also be dangerous for riders.

It’s important for motorcyclists to stay alert and cautious of potential road hazards while riding.

Mechanical Failures

The motorcycle is poorly designed or has a manufacturing defect, leading to mechanical failures that can cause accidents.

Common defects that have been known to cause motorcycle accidents include:

• Defective brakes
• Steering or suspension issues
• Sticking throttles
• Faulty tires
• Ignition issues
• Transmission problems

It’s critical to regularly maintain and inspect your motorcycle to avoid potential mechanical failures while riding.

If you suspect a defect or problem with your bike, addressing it immediately before it causes an accident is crucial.

Injuries Commonly Encountered in Motorcycle Accidents

Injuries following a motorcycle accident usually lead to a fatality or catastrophic, debilitating injuries.

Riders are still susceptible to severe injuries even with protective gear such as helmets, jackets, and gloves.

Common injuries encountered in motorcycle accidents includes:

• Minor injuries
• Moderate injuries
• Severe injuries
• Psychological injuries

Minor Injuries

Minor injuries are easily treatable with at-home remedies or a quick visit to the doctor.

Minor injuries include:

• Bruises and Abrasions: These are caused by impact with the ground or other objects and can usually be treated with ice, rest, and over-the-counter pain medication.
• Sprains and Strains: Like bruises, sprains and strains are typically treated with rest, ice, compression, and elevation.
• Road Rash: This injury occurs when a rider’s skin rubs against asphalt or pavement during an accident. It can be painful but is treatable with proper cleaning and bandaging.
• Cuts and Lacerations: These are often caused by broken glass or debris and can be treated with stitches if deep enough.

Moderate Injuries

Injuries classified under this category are treatable but can have long-term effects on an individual’s life.

Moderate injuries include:

• Fractures and Broken Bones: Fractures may require surgery or immobilization in a cast for proper healing, depending on the severity of the injury.
• Concussions: Head injuries are common in motorcycle accidents and should not be taken lightly, as they can result in long-term damage if not treated promptly.
• Whiplash: This is a neck injury caused by an accident’s sudden jolt of impact. It can cause pain and stiffness in the neck, which may require physical therapy for recovery.

Severe Injuries

Severe injuries are often life-altering and can have long-term physical, emotional, and financial consequences.

Common severe injuries encountered in motorcycle accidents include:

• Traumatic Brain Injuries (TBI): These occur when a jolt or blow to the head causes damage to the brain. TBIs can lead to permanent disabilities such as cognitive impairment or paralysis.
• Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete loss of mobility, sensation, and bodily functions.
• Amputations: In severe accidents, a limb may be severely damaged and require amputation for the safety and well-being of the rider.
• Burn Injuries: If a motorcycle catches fire during an accident, riders can suffer from severe burns that could require extensive treatment and rehabilitation.
• Internal Injuries: These injuries are often life-threatening and require immediate medical attention. They include damage to internal organs, internal bleeding, or punctured lungs.

Psychological Injuries

Not all injuries are physical; emotional and psychological trauma can also result from motorcycle accidents.

Some individuals may experience post-traumatic stress disorder (PTSD), anxiety, depression, or other mental health issues following a traumatic accident.

Therapy is crucial for coping with these injuries and promoting overall well-being.

TorHoerman Law: Protect Your Rights

Motorcycle accidents can inflict a devastating toll on riders and their loved ones.

If you or a loved one has been involved in a motorcycle accident, it’s crucial to seek legal representation from an experienced personal injury attorney who specializes in motorcycle accidents.

At TorHoerman Law, our team of dedicated attorneys understands the complexities and challenges of motorcycle accident cases.

We are committed to fighting for your rights and securing the compensation you deserve for your injuries, damages, and losses.

Contact TorHoerman Law today for a free, no-obligation consultation to discuss your case with our knowledgeable attorneys.

You can also use our chatbot for a quick and free case evaluation.