Regardless of how much fun and happiness individuals get from riding motorbikes, there is always the risk of an accident. When a motorcycle rider is in an accident, the injuries to the rider and passengers might be severe. A “fender bender” accident involving two automobiles may result in minimal injuries to the occupants, but the rider of a motorcycle rarely escapes without a hospital visit for treatment of shattered bones, lacerations, or even more severe injuries.
If you are wounded in a motorcycle accident, the amount of compensation you obtain from a negligent motorist is determined by the experience and talents of the motorcycle lawyer you hire to defend you. This article will provide you with the knowledge you need to make an informed decision and will assist you in locating an attorney capable of obtaining the most compensation for your injuries.
What Should I Do If I Am Involved in a Motorcycle Accident?
The actions you take immediately following a motorcycle accident can affect your chances of physical recovery as well as your possible injury claim. Seeking medical treatment is one of the first things you should do if you are in a motorcycle accident. Even after a violent crash, it is not uncommon for motorcyclists to feel pretty fine. However, the pain and stiffness associated with these injuries frequently begin to appear hours after the incident. As a result, it is critical to seek medical attention as soon as possible after a car accident. A delayed diagnosis will not only impede your recovery but can also give the negligent driver an argument that you neglected to mitigate your damages following the incident.
If you are able, it is also beneficial to gather as much evidence as possible from the scene of the accident. Photographs of the accident scene, your motorcycle, and the other car are generally the first step. Furthermore, the moments following a collision are typically your sole opportunity to identify any witnesses to the accident. Having their contact information on hand is critical for your injury claim.
Other procedures that must be taken include alerting law enforcement and your insurance company about the accident. You should also refrain from discussing your accident with the other driver or their insurance company.
What Should I do in a scene of a Motorcycle Accident?
It is critical to maintain your cool in the aftermath of a motorcycle accident. What you say or do at the scene of the accident can affect the outcome of your personal injury claim. Above all, it is critical to maintain your cool. It is natural for your emotions to run high after a severe accident, but staying calm can help you make the right decisions during this trying time.
Once you’ve calmed down, assess your injuries and, if feasible, the injuries of any other people involved in the incident. If you do not require immediate medical attention, your next action should be to notify police enforcement. When there are injuries, you must remain at the site until the police arrive.
You should also name any independent witnesses to the accident if you are able. While your testimony is significant, the word of a third person who is not a party to the case carries more weight in most legal proceedings.
Another thing you should do at the site of a motorcycle accident is to make sure you have the correct insurance information for the other driver. While exchanging information is required, you should avoid discussing the specifics of the accident.
What Should I Do Following a Motorcycle Accident?
The steps you take immediately following a motorcycle accident might have a substantial impact on your possible personal injury claim. Your activities in the aftermath of the accident can also influence your physical recovery. When deciding what to do in the days following a motorcycle accident, consider the following measures.
- Seek medical attention.
In the days following the accident, your main focus should be to treat your injuries. The sooner you seek medical attention, the sooner you can start healing from your injuries.
2. Collect information.
There is limited time to collect critical evidence from the accident scene. At the scene, it is critical to gather photographs, locate witnesses, and exchange insurance information.
3. Obtain a police report.
When there is a bodily injury in an accident, law enforcement will respond. It is critical to obtain a copy of their report to confirm that it accurately depicts the accident.
4. Speak with a lawyer.
It is not advised to pursue a personal injury claim without the assistance of an attorney. Consult with an attorney as soon as possible after a motorcycle accident.
What Should I Do to Protect My Rights Following a Motorcycle Accident?
Following a motorcycle accident that was not your fault, you have the right to file a personal injury claim. However, if you fail to preserve your rights, you may be unable to claim compensation. The good news is that there are numerous steps you can take to safeguard your rights following a motorcycle accident.
Seeking medical assistance as soon as possible following an accident protects not only your legal rights but also your physical health. By getting medical attention as soon as possible, you establish a paper trail that demonstrates your efforts to treat your injuries. This might assist your attorney in demonstrating that your injuries are genuine and that you took the appropriate efforts to remedy them.
Protecting your rights also entails refraining from discussing your claim. The most important thing is to avoid dealing with the insurance company of the other driver. Insurance adjusters will take your statement and alter your statements in order to avoid paying out on your claim. Allow your attorney to handle the insurance companies.
The best method to preserve your legal rights after a motorcycle accident is to contact an injury attorney as soon as possible. Your attorney can advise you on your legal rights and act as your advocate when dealing with insurance providers.
What Type of Lawyer Handles Motorcycle Accident?
There are numerous attorneys who specialize in motorcycle accident cases. That is not to say that any attorney can meet your specific requirements. When looking for a motorcycle accident lawyer, make sure they have expertise in resolving claims similar to yours.
There are two categories of attorneys who may be interested in handling your accident claim. The first are general practitioners who practice in a variety of areas of the law. The second type of attorney focuses solely on personal injury claims. Working with a personal injury attorney is advantageous since their skills and attention are not divided across several other areas of the law.
Your prospective attorney’s location is also significant. Because an attorney’s experience with a particular court is crucial, choosing an attorney who routinely practices in your area provides advantages.
Finally, your relationship with your attorney is critical. Utilize the initial consultation to gain a sense of their personality. Your injury claim is essential, and having legal counsel you trust and get along with is beneficial.
Why Should I Hire a Motorcycle Accident Lawyer?
Following a crash, it may be difficult for injured motorcyclists to receive compensation, especially if they are pursuing their claim without the support of an attorney. Motorcyclists are not permitted to carry Personal Injury Protection (PIP) coverage in several states since PIP coverage is only needed for vehicles with four or more wheels. Even if the biker owns a car that is protected by PIP insurance, the coverage does not extend to motorcycle accidents. If the biker is uninsured, they may find it difficult to pay for expensive medical bills. This is especially if the injury prohibits them from working.
If you were injured in a car accident, an attorney can explain your options for recovering compensation for medical expenditures and other damages. This may be exacerbated by situations such as medical negligence. So, if you contact an attorney as soon as possible after the accident, he or she can begin gathering information and evidence to support your compensation claim. Your attorney may:
- Gather incident and police reports
- Collect witness statements
- Take pictures of the situation
- Examine the other driver’s driving record
- Recreate the accident scene
- Recreate the accident
- Examine medical records
- Experts should be consulted
- Make contact with insurance companies on your behalf.
Motorcycle Accident Compensation Claims
If the motorcyclist was not at fault, they may be able to seek compensation from the individual who was at fault in triggering the incident. Motorcyclists are not covered by PIP insurance, but they are also not subject to its limitations. Injured riders are not limited in the kind of damages they might seek to compensate for their losses, including pain and suffering damages. PIP insurance is used in motor vehicle accident lawsuits. This requires the injured party to meet an “injury threshold” before pursuing reimbursement from the negligent party. Also, it does not allow for the collection of pain and suffering damages. Motorcycle riders do not need to meet any kind of injury threshold in order to claim compensation for their losses, which may include medical costs, lost wages, and pain and suffering.
Insurance Settlements
Following an accident, your attorney may contact the negligent party’s insurance carrier to negotiate a settlement for accident-related costs. He or she will use the information gathered to seek reimbursement for your charges. If negotiations with insurance companies fail or are unsatisfactory, you may be able to initiate legal action against the negligent party with the assistance of your attorney.
Negligence Motorcycle accident claims fall under the area of personal injury, which is based on a negligence basis. In other words, your attorney will have to demonstrate that the other driver in the accident was at fault because he or she failed to exercise a reasonable level of care. To that end, your attorney will do an investigation to gather more about the occurrences. This includes whether the other driver observed traffic laws, was attentive to his or her surroundings, was driving under the influence, and so on.
Liability for Products
In rare situations, the accident could have been caused by a flaw in your vehicle or the vehicle of the other party. In some circumstances, you may be able to sue the manufacturer of the car or its parts for compensation for your injuries. So, in these cases, the attorney will perform an investigation to examine the vehicle and see if it had any flaws previous to the accident. He or she will collaborate with forensic experts to assess whether:
- The faulty motorcycle or component was “unreasonably risky”
- The motorcycle was being used in the manner planned.
- The motorcycle’s performance had remained unchanged since its purchase.
Defective tires, brakes, accelerators, and fuel systems are some types of faults for which you may be able to pursue a product liability case.
Unjust Death
If you have lost a loved one in a motorcycle accident, you may be able to seek restitution through a wrongful death lawsuit. An attorney can assist the deceased’s family is proving that the other driver’s negligence was the cause of the victim’s death.
What to Think About When Hiring a Motorcycle Accident Lawyer
The path to becoming an attorney is arduous. An applicant who wishes to practice law after graduating from law school must pass the bar examination to demonstrate legal knowledge. A background check and an inquiry are also conducted to verify whether the candidate is of good moral character. Individuals who successfully finish the process are admitted to the bar. This means they are legally allowed to practice law in the state.
Anyone who has been admitted to practice law may appear in court to defend someone accused of a crime or to represent a motorcycle accident victim. Experience handling matters in a certain area of the law distinguishes some attorneys from others. For example, anyone can take on a personal injury case, but if you are seriously injured in an accident, you want the attorney handling your claim to have knowledge of negligence laws as well as courtroom and trial skills that can only be gained through years of experience representing accident victims.
Before engaging a lawyer to handle your motorcycle accident claim, there are three important considerations to consider:
#1. Location
You may have seen or heard adverts promoting the services of motorcycle accident lawyers. Some of the advertisements are for attorneys from other states (or parts of the state that are hours away from your hearing location). Out-of-state law companies typically refer your case to another firm in your state, giving you little control over the attorney you hire. Choosing an attorney in the city or county where your case will be heard ensures that you are represented by someone who is familiar with the local court procedures and judges.
#2. General Practitioners:
A large number of lawyers and law companies work as general practitioners. They may specialize in real estate, criminal defense, wills and estates, and personal injury. A lawyer who handles a few motorcycle cases will not have the same level of expertise with the law or trial skills as an attorney who focuses solely on personal injury law. The simplest method to learn about a lawyer’s profession is to ask questions, such as how much of the attorney’s practice is motorcycle law.
#3. Good Reputation and Experience:
Finding a motorcycle accident lawyer involves some legwork to ensure you obtain the best results. In addition to asking the lawyer questions, you should conduct your own research by reading as many internet evaluations and testimonials as possible.
You should compare a few attorneys before deciding which one meets the three characteristics you are looking for in an attorney who will handle your motorcycle claim.
How to Locate a Motorcycle Accident Lawyer
There is a huge pool of attorneys from which to choose a few to interview in order to get the best motorcycle accident lawyer to handle your claim. There are roughly 1.3 million lawyers in the United States, with nearly 170,000 practicing in California. Of fact, just a small fraction of them deal with motorcycle law, but who do you contact? You can refine your search by doing the following:
#1. Friends and family:
Most likely, someone you know, either a family member or a close acquaintance, has used the services of a motorcycle accident lawyer.
#2. Lawyer Referral:
While the lawyer who represented you in the acquisition of your home or the one who represents your business may not handle motorcycle accident cases, they should be able to refer you to one who does.
#3. Bar Associations:
Most state and local bar associations have lawyer referral services where you can get the names of local motorcycle accident attorneys. The State Bar of California, for example, provides a statewide list of local attorney referral services grouped by county.
#4. Google Search:
Because everyone appears to rely on Google when looking for something, entering “motorcycle accident lawyer” and your area into the search box will yield results. One restriction of a Google search is that you must go through the results by looking at websites to decide which of the many firms and attorneys to contact.
#5. Lawyer Directories:
One or more of the online lawyer directories are another place to get the names of lawyers and legal firms. A lawyer directory can help you identify a local lawyer based on his or her practice area. Client and peer reviews and ratings of attorneys are available on several directories, such as Martindale-Hubbell and Avvo. Some well-known directories are:
- Motorcycle Legal Defense Foundation
- Avvo
- Martindale-Hubbell
- Justia
- FindLaw
- NOLO
Solicitation letters from law firms advertising their services are one source you should be aware of. State bar associations impose guidelines for lawyer advertising, including solicitation letters. In California, for example, lawyers must make it clear that such letters are a kind of advertisement. Keep in mind that the letter’s contents are intended to persuade you to retain the firm’s services.
Tips on Choosing a Motorcycle Accident lawyer
#1. Before you hire a lawyer, you should interview several of them.
Now that you’ve compiled a list of lawyers who you believe fulfill your criteria in terms of geography and practice area, it’s time to select the lawyer who will handle your motorcycle accident case. Interviewing each lawyer is the only efficient way to accomplish this.
Most lawyers provide free consultations, so make appointments with several of the lawyers on your list. Prepare for the meetings by gathering documents to bring with you that will provide information about the accident and your injuries to the lawyer. Documents you may want to bring with you include:
- Accident reports from the police
- Photographs showing the scene of the accident, the automobiles, and your injuries
- You may have medical reports that explain your injuries.
- Records demonstrating your normal salary and time away from work as a result of the accident
#2. Pose the Correct Questions
The goal of the interview is to learn as much as possible about the lawyer – don’t be afraid to ask questions. The following are some crucial questions to ask at the start of the interview:
- How long has the attorney been in practice?
- How much of your practice is devoted to motorcycle law?
- Will the attorney you’re interviewing take on the case?
- How many motorcycle accident cases like yours has the attorney handled in the past?
- How many of the motorcycle accident cases handled by the attorney are settled?
It is worth noting that the vast majority of motorcycle accident lawsuits result in a settlement. Nonetheless, the lawyer’s reputation as a trial attorney is one aspect that contributes to a positive settlement for the accident victim. An attorney who settles all motorcycle cases that come into the office may be a competent attorney, but it may also indicate that the law firm prefers speedy settlements over going to trial when necessary to maximize the amount collected by the client.
A motorcycle accident lawyer should have trial experience on behalf of accident victims. Building a reputation as a lawyer capable of reaching a winning outcome at trial influences claims adjusters’ propensity to settle cases. Claims adjusters who are aware that a lawyer lacks recent trial experience may be inclined to make low settlement offers in the belief that the attorney will not pursue the matter to trial.
#3. During the interview, inquire about fees.
The reality is that practicing law is both a profession and a business. It is critical to address the motorcycle accident lawyer’s fee as well as any other expenditures you may be responsible for paying.
Most motorcycle accident claims are handled on a contingency fee basis, which means that the attorney is only paid if and when your claims result in a favorable settlement or judgment after trial. Request a copy of the lawyer’s written contingency fee agreement.
In California, contingency fee agreements must be in written and include the details of the fee arrangement between the attorney and the client, such as the percentage charged as a fee and the client’s obligation for costs and expenses. Expert witness fees, court costs, and other litigation expenditures may be provided by your attorney as costs and expenses. If you win your lawsuit, the costs will be taken from the settlement or verdict; however, if you lose, you may be required to compensate the attorney out of your own pocket.
The proportion charged as a fee, as well as your obligation for costs and expenses, are all negotiable between you and the attorney. The interview is an ideal opportunity to ask the lawyer about the firm’s regular contingency fee arrangements and how they might apply to your case if you decide to retain the firm.
#4. Evaluate Your Levels of Comfort with the Motorcycle Accident Lawyer
Communication is one of the most important aspects of a client-attorney relationship. If your discussion with the attorney was frequently interrupted by phone calls or staff members asking questions about other cases, this could indicate that the attorney is too busy to take on your case. You want an attorney who is completely focused on you and your questions or concerns regarding your motorcycle accident claim. An attorney who listens to you and makes you feel comfortable asking questions during the interview is typically the ideal person to represent you. After you’ve finished your interviews and gathered all of the information you’ll need to make an informed decision, it’s time to pick a motorcycle accident lawyer.
Consult a Motorcycle Accident lawyer
When you are disabled and unable to work, your family’s financial well-being is jeopardized. An attorney specializing in motorcycle law allows you to focus on recovering from your injuries while battling the insurance company and the responsible party to obtain you the money you deserve. Make an informed decision on a motorcycle accident lawyer by performing appropriate research and calling a lawyer now!
What happens if I can’t afford a motorcycle accident lawyer?
If you can’t afford a motorcycle accident lawyer, there are options available. Some lawyers offer free consultations and may take on your case on a contingency basis, meaning they only get paid if you win your case. Additionally, there may be pro bono legal services available in your area that can help you. It’s important to reach out and explore all options, even if you’re concerned about the cost of legal representation.
Can a motorcycle accident lawyer help me with my medical expenses?
Yes, a motorcycle accident lawyer can help you recover compensation for your medical expenses and other related costs. They will work to negotiate with the insurance company and build a strong case to ensure you receive the maximum compensation possible for your injuries and losses.
How can I be sure a motorcycle accident lawyer will take my case?
When you meet with a motorcycle accident lawyer for a consultation, they will review the details of your case and determine whether or not they are able to take on your case. This can depend on a variety of factors, including the complexity of the case, the amount of evidence available, and the strength of the legal claim. If the lawyer agrees to take on your case, they will provide you with a clear explanation of their process and what you can expect moving forward.
What are the different types of motorcycle accident cases a lawyer can handle?
Motorcycle accident lawyers can handle a variety of different types of cases, including those involving personal injury, property damage, and wrongful death. They may also handle cases involving motorcycle defect, road design, and traffic control issues. Additionally, they may assist with insurance claims and negotiations, as well as helping clients with medical bills and other related expenses.
Motorcycle Accident Lawyer FAQs
Is it worth hiring a motorcycle accident lawyer?
If you recently experienced property damage and injuries in a motorcycle accident caused by another driver, it is worthwhile to consult with a motorcycle accident lawyer about your claim. Expenses from a motorcycle accident can be exorbitant, including medical expenses, lost income, and other damages.
How long does it take to settle a motorcycle accident?
The average time it takes to resolve a motorcycle accident claim is six months to a year from the date of the accident. Unless specific variables make the case extremely complicated or you end up in court, most are handled within a few months.
What does a motorcycle accident lawyer do?
A motorcycle accident lawyer can help a victim by answering their concerns, conducting an independent investigation to determine fault, calculating the compensation you may be entitled to, and negotiating with insurance companies on their behalf.
