A motorcycle accident is seriously damaging in most cases. Surviving it is really a big deal, but the result is not something satisfactory. It can cause severe damage, including permanent problems in any external or internal part of the body.
A motorcycle accident can change the course of life within a moment. So, you need to be careful while riding your motorcycle on the road.
You’re lucky if you fall in a motorcycle accident and survive somehow. But the costs of treatment and the income loss at the time of treatment are unbearable in most cases. When someone else is liable for the accident, you have the chance to file a lawsuit for compensation.
Here in this article, I’ll be talking about everything regarding motorcycle accidents and the lawyers for it.
What is a Motorcycle Accident?
A motorcycle accident is the collision of a motorcycle that can end up in zero, mild, or severe damage to the motorcycle, motorcyclist, passenger, or anyone else. The collision can happen for any reason.
An accident can happen with any vehicle, maybe another motorcycle or pedestrian.
Who is a Motorcycle Accident Lawyer?
A motorcycle accident lawyer or attorney is a person who is certified to help you in a motorcycle accident case in court. Lawyers can’t represent you in court, but attorneys can do it. Except for this, the rest are common in both cases.
After a motorcycle accident, you can appoint a lawyer if the second party is liable for the accident. In such a case, you can ask for compensation to bear the treatment cost and manage a few other things.
A motorcycle accident attorney can help you in many ways. From preparing for a lawsuit to representing it in court, you’ll get help in every step.
Who is Liable for a Motorcycle Accident?
It is tough to find out the liable party for a motorcycle accident. There are many parties who hold the liability. Also, more than one party can be liable in a motorcycle accident.
The Driver of the Other Vehicle
If the accident happens with another vehicle, there is a chance that the vehicle’s driver is responsible for the accident. The reason might be anything, including- overspeeding, reckless driving, ignoring signals, driving in the wrong lane, etc.
In such a case, try to capture the driver of the other vehicle and collect contact information. If the vehicle flies away, try to take a picture of the number plate.
The Motorcyclist
The motorcyclist can also be responsible for the accident. Reckless driving is the main reason behind this. Other common reasons are overspeeding, drunk driving, etc.
If a passenger is there on the bike, and the accident happens because of the motorcyclist, the passenger can ask for compensation for the loss, like treatment cost, loss of income, and more.
The Manufacturer of the Motorcycle
Sometimes, accidents happen because of a fault in the motorcycle. If any manufacturing fault is the reason behind the accident, you can file a lawsuit against the manufacturer for compensation.
Accidents that happen for manufacturing issues damage the motorcycle only in some cases. But in most cases, the motorcyclist and passenger become seriously injured because of such an accident.
Manufacturer of a Faulty Part
If a part is installed in the motorcycle and it becomes the reason behind the accident, the manufacturer can be sued. A diagnosis of the motorcycle after the accident can determine the actual reason behind it.
You can file a lawsuit in opposition to the manufacturer of the faulty part. For that, you need to have solid proof of it.
Responsible Party for Maintaining the Roadway
You can even sue the entity maintaining the roadway. In case any severe problem of the road causes an accident, you can do this.
You’ll get compensation if you can prove the party is liable for the accident.
How Can a Motorcycle Accident Lawyer Help?
A motorcycle accident lawyer can help you in many ways. Below is a list of how a lawyer or attorney can help you after a motorcycle accident.
Answering Your Questions
After a motorcycle accident, you might have a lot of doubts, especially about the liable party and compensation. Your motorcycle accident attorney can answer your questions so that you get a better idea about the situation and future steps.
Investigating the Accident
To find out the possible liable party and the proof, investigating is important. Most probably, you’re taking treatment after the accident. In this case, your attorney can go to the place and seek evidence to know exactly what happened and how to sue the other party.
Even if you can investigate by yourself, having a lawyer ensures better investigation because they have experience with such situations.
Collecting Information
For the lawsuit, information is needed. Your attorney can help you collect information and necessary documents like the police report, medical documents, etc. Also, they know the probable source of information, like- CC cameras and people around the place. So, they can collect information from those sources too.
Calculating Compensation
If you want an idea about the compensation you’ll get, lawyers can help you with that. They have an idea because they’ve seen similar cases before.
Facing Insurance Companies
Insurance companies seek to reduce their cost. So, they would try to show minimized loss and offer smaller payments. But your lawyer can deal with the companies and help you to get the proper benefit.
If you talk to the company instead of a lawyer, you’ll end up having a low amount.
Helping in Filing Lawsuit
Filing a lawsuit is a bit complex task and requires a lot of attention. While doing this, you’ll either waste time or make a mistake. But a lawyer can do this without putting in a huge effort. So, after a motorcycle accident, picking an attorney or lawyer makes things easier for you.
Negotiating Settlements
Sometimes the other party wants to solve the issue outside of the court. Such settlements are great as you don’t have to go through a lengthy legal procedure. However, you would be offered a significantly lower amount in these settlements than you should get.
Your lawyer can estimate a possible compensation amount and negotiate the settlement based on that. As a result, you’ll get the amount you deserve.
Representing You in Court
If you appoint attorneys, they can speak for you in court. You don’t have to think about anything in the process. They’re experienced in handling such cases. All you have to do is be available in court.
Lawyers can’t do this because they have a limitation.
Besides these, lawyers or attorneys can help you in many other ways. So, we suggest hiring one if you face an accident.
How to Choose the Right Motorcycle Accident Lawyer?
Choosing the right attorney for your motorcycle accident case is vital if you want proper compensation. So, you need to know how to do this. Here you’ll find the right process for that.
Start from Your Community
If you ride regularly, you must know others around you who ride motorcycles. Ask them to suggest an attorney who can help with such cases. This is an easy way to start because there is a huge chance that someone around you has taken legal service from someone for a motorcycle accident.
In case people around you don’t know someone, ask them to search their surroundings. This way, you’ll find some suggestions for sure.
Try Google or other search engines if you find none from your surroundings.
Check the Reviews
After you make a list of a few lawyers, check the reviews. Reviews are found from your friends and family, the websites of the firms, and legal review websites. Depend the most on the reviews you get from people around you. Online reviews can be fake nowadays.
Make a list with ranks based on the reviews.
Check for Experience with Motorcycle Accidents
Start from the top. Check, and ask, if needed, for their experience with motorcycle accidents. Here you need to pick some who have worked with motorcycle accidents for a long time since this is a bit different compared to other personal injuries.
So, ask for the number of motorcycle accident cases they’ve handled and a few more related questions.
Focus on Communication
Communication should be the strongest point of lawyers or attorneys because they have to win the case with their verbal skills. So, while talking to the lawyer, focus on their communication skill. If you find someone pointing out the key factors, talking smoothly, and helping you with information, mark them as good.
Ask about the Fee Structure
Different lawyers follow different fee structures. So, you should know how they would charge you for their service. Some ask for an hourly charge, whereas some look for a monthly charge. Some may ask for a flat fee, whereas others charge a percentage of the compensation.
Pick your suitable payment method. However, don’t leave the best person just for the payment method. Instead, try to convince them to take payment in your suitable method.
How Much do Motorcycle Accident Attorneys Charge?
You won’t get a fixed answer to this question because the charges differ in different cases. But I can give you a simple idea about it. Typically, lawyers charge in four different ways-
- Hourly Rate- You’ll be charged for the number of hours your lawyer work for you.
- Monthly Rate- You’ll pay a flat amount monthly for working on your case, no matter how much time they spend on it.
- Flat Fee- The lawyer will ask for a flat amount you have to pay for the job.
- Percentage Fee- You’ll be charged a percentage of your compensation.
Right now, the percentage fee has become the industry standard. So, you’ll see maximum lawyers ask for a flat percentage of your compensation. This has several positive sides for you.
First, you can be sure about winning because the lawyers won’t take the risk of a percentage fee if they don’t see any scope of winning.
Second, in case you don’t win the compensation, you don’t have to give anything to the lawyer.
Typically, a motorcycle accident lawyer asks for around 30%-40% of the total amount you get as compensation. However, you’ll find some lawyers asking as less as 25%. This doesn’t mean that the attorney is inefficient. It means that through evaluation, the attorney has found that your case doesn’t need huge attention and time to win.
However, the average percentage motorcycle accident attorneys ask for is 33%.
Which Factors Affect the Fees of Lawyers?
The fees of lawyers depend on several factors. That’s why different cases are charged differently by different lawyers. Below are some of the factors that affect the charge of lawyers.
- The complexity of the Case- If your case is complex, lawyers will charge high. For example- if you have a bit of liability for the accident or the proofs are not strong, lawyers will charge high. On the other hand, for simple cases, the charge is low.
- Experience of the Lawyer- Experience has a price. So, if you want to hire someone with a huge experience, you have to pay high. On the other hand, you can pay a bit low to lawyers who don’t have a long experience in handling motorcycle accident cases.
- Location- The charge also depends on which city you live in. If you are in a large city, the lawyers are expensive. In small cities, lawyers don’t charge that high.
Compensations for Motorcycle Accident Injuries
If the other party is to blame for the accident and you file a lawsuit for compensation, the court measures several things and determines the total compensation. The amount is calculated based on several fields classified as economic and non-economic factors.
Economic Factors- Factors that can be measured in the amount of money.
- Motorcycle replacement or repair
- Past and future medical treatments
- Cost of medications
- Medical device, if needed
- Out-of-pocket cost
- Transport cost
- Loss of income
- Loss of future income
Non-economic Factors- Factors that can’t be measured by money.
- Physical pain and suffering
- Emotional pain
- Loss of life quality
- Loss of happiness and fun
- Permanent disfigurement
Common Causes of Motorcycle Accidents
A motorcycle accident can happen for various reasons. But a few reasons are more common compared to others. Let’s see the most common causes of motorcycle accidents.
Drunk Drivers: People often drive vehicles after consuming an alarming amount of alcohol. Such drivers are a threat to everyone on the road. Drunk drivers cause many motorcycle accidents throughout the USA.
Aggressive Drivers: Some drivers are not patient at all. They drive aggressively and cause accidents. Motorcycles are more prone to be damaged by such drivers as they drive without noticing anything.
Distracted Drivers: Distracted drivers often hit a motorcycle while talking over the phone or to a passenger. Motorcycles are smaller compared to other vehicles. So, distracted drivers can’t see it when it comes too close suddenly.
Traffic Rules Violations: Traffic rules should be maintained by all. Some drivers don’t follow the rules and drive recklessly. Such cases may cause motorcycle accidents. In some cases, the motorcyclist violates the rule and faces an accident for that.
Road Hazards: Motorcycles are sensitive to road hazards like potholes, gavels, large cracks, etc., as those run on two wheels only. Sometimes motorcyclists see these hazards at the last moment and face accidents.
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Ways to Prevent a Motorcycle Accident
Motorcycle accidents can happen anytime as these vehicles remain in a weak position on the road. The size, visibility, etc., are the common reasons behind this. So, as a motorcyclist, you must keep yourself safe on the road.
Several steps can make you less prone to accidents or reduce the damage of an accident. Let’s see a few such precautions.
- Wear helmets that are approved by proper authority and cover your full face. Brain injuries are common in motorcycle accidents. Complete head protection is the best way to protect yourself from brain injuries.
- Keep yourself visible while riding a motorcycle. Lack of visibility is a reason behind motorcycle accidents. Wear a bright dress and install reflective gears in your motorcycle and helmet to keep you visible at night.
- A defensive driving course is very helpful. It teaches you how to drive safely and keep you safe in several situations. You’ll find many courses around you. These courses also lower your insurance rates sometimes.
- While approaching intersections, be extra careful. Intersections are the places where motorcycle accidents happen the most. So, slow down your speed a bit and approach carefully. This might kill some time but save your life.
- While driving a motorcycle, ensure you’re not under the influence of drugs. Drugs won’t allow you to drive carefully and make you prone to accidents. You can’t avoid a possible accident if you’re drunk.
Frequently Asked Questions (FAQ)
When to hire a motorcycle accident lawyer?
We suggest hiring a motorcycle accident attorney as soon as the accident happens. Just after the accident, you’ll see that bills are increasing. Also, your insurance company will try to pay you low by showing fewer damages. In such a time, you won’t be capable of thinking clearly and fighting the case alone.
Hiring a lawyer or attorney at such a time would help you in many ways. The attorney can handle the insurance company and build a case against the liable party.
You should select a lawyer or attorney if you ride a motorcycle. In case any accident happens, you can quickly appoint them to handle the case.
Is it worth hiring a motorcycle accident lawyer?
Motorcycle accidents are dangerous. You have to spend a lot on treatment. Besides, your motorcycle can be destroyed.
A motorcycle accident lawyer will support you in filing a lawsuit and getting compensation from the liable party. You can’t go through the process alone with wounds in your body. In that case, taking the help of a lawyer or attorney will be better for you.
You already know the advantages of hiring one. So, you should know that it is worth appointing an attorney or lawyer.
What is the average settlement for motorcycle accidents?
None can’t tell an exact amount without knowing about the accident. The reason is- the amount depends on several factors. The value of your motorcycle, cost of treatment and medication, loss of income, etc., affect the settlement amount.
Also, you won’t get the exact amount you’ve spent. The court might round down the amount in favor of the liable party.
What if I don’t have a helmet at the time of the accident?
A helmet protects you from a huge wound. The other party’s attorney might point at this, saying wearing a helmet could save you from big damage.
Using such points, the settlement amount can be dragged down by them.
So, you should wear a helmet to keep the settlement amount high and protect yourself from big wounds.