Introduction
Motorcycle riding is enjoyed by millions as an exciting and freeing hobby or means of transportation. However, the risks of riding are undeniably higher than being in an automobile. With fewer safety measures and more exposure to the elements and other vehicles on the road, motorcyclists are much more vulnerable in the event of a crash. According to the Insurance Institute for Highway Safety, motorcyclists are about 29 times more likely than passenger car occupants to lose their lives in a traffic crash. Considering the inherent dangers, it is essential for riders to understand their legal rights and options in the case of an accident, especially one caused by another negligent party.
Defining Key Legal Concepts in Motorcycle Accident Cases
To understand why a lawyer specializing in motorcycle accident litigation is so important, it is helpful to define some key legal concepts at play:
Liability and Fault Determination
In any accident case, legal responsibility or “fault” must be established for damages to be awarded. Fault addresses who is legally liable or at fault for causing the crash. This involves investigating the scene, reviewing evidence like traffic camera footage, and considering things like who had the right of way, who violated traffic laws, road conditions, weather, etc. Complex calculations may even be done to determine the speeds and maneuvers of vehicles leading up to impact. An experienced motorcycle accident lawyer will know how to build an ironclad liability case against the at-fault party.
Negligence
Proving negligence is usually required to hold a party legally accountable and receive compensation in a motorcycle accident case. Negligence refers to failing to act reasonably or use an appropriate level of care that a responsible person would in similar circumstances, thereby causing harm or injury to another. Motorcyclists must exercise due care as well to avoid comparative negligence and reduce the amount of damage awarded.
Contributory/Comparative Negligence
In “contributory negligence” jurisdictions, any negligence on the part of the injured rider completely bars their ability to recover damages, no matter how slight their role. In “comparative negligence” jurisdictions, damages may be reduced proportionate to the rider’s degree of fault. So, a rider who was 25% at fault could still recover 75% of the full value of their claim. Motorcycle lawyers know the local rules intimately.
Personal Injury Damages
If fault and negligence can be proven against another party, different types of compensation may be claimed as “damages” to fairly cover losses and suffering caused by the crash. These include past and future medical bills, lost wages, pain and suffering, permanent impairment or disfigurement, loss of enjoyment of life, loss of consortium for a spouse, and wrongful death awards for families.
Why You Need a Specialized Attorney
Now that some essential concepts are understood, it should be clearer why retaining an attorney focused on litigation for injured motorcyclists is so important following an accident. Some key reasons include:
Expertise in Motorcycle Crash Forensics
Motorcycle accident reconstruction requires technical expertise few possess. Seasoned motorcycle accident lawyers stay up to date on the latest research into crash dynamics specific to motorcycles and can analyze complex scene evidence, rider behavior, and vehicle factors leading up to impact. This level of specific forensic knowledge gives them a huge advantage in pinpointing liability over insurance adjusters.
Discovery and Evidence Gathering
The Golden Rule is that time is of the essence following a motorcycle crash. Key evidence like traffic camera footage or third-party eyewitness accounts may only be available for a limited window before being lost forever. An attorney can immediately begin the evidence-gathering process through official discovery requests, Freedom of Information Act demands, and on-scene investigations. Delay can permanently compromise an injury claim.
Leverage in Negotiations
Insurance companies employ teams of adjusters skilled at lowballing settlement offers, trying to settle injury claims for much less than fair value before a rider even hires counsel. An experienced attorney understands valuation metrics and has a track record of success in demanding and achieving significantly higher compensation that more accurately reflects the damages. They also know how to properly reject unfair low-ball offers and take the case to court if needed.
Avoiding Legal Pitfalls
The statutes of limitations that dictate when a legal claim must be filed are often only 1-3 years from the crash date. Failing to meet these deadlines means a rider effectively loses their right to pursue monetary damages, regardless of fault or injuries. An attorney ensures all required paperwork and notice is submitted on time. They can also identify and avoid technical affirmative defenses that sometimes bar recovery, even in very strong cases.
Mediating Complex Medical Issues
Proving the full extent and permanency of crash injuries often requires correlating a complex history of medical care, bills, missed work, activities limited by impairment, future treatment projections, and more. Motorcycle accident lawyers have seen it all before and know how to weave compelling medical narratives that clearly illustrate all aspects of the damages for judge or jury consideration.
In summary, insurance companies and at-fault parties have teams of legal and claims professionals fighting to minimize payouts. Riders deserve equal firepower on their side to demand the maximum possible compensation they are legitimately owed under the law. A specialist motorcycle accident attorney levels the playing field.
Documenting and Proving Your Injuries
Should you need to seek legal compensation after being injured in a motorcycle accident, thorough documentation of your trauma and recovery process is crucial from the start. Your attorney will rely on comprehensive medical records and evidence to build a persuasive case in court, so stay organized and gather all related details. Here are the key elements to track:
Hospital/ER Records
Any emergency room or hospitalization paperwork from immediately after the crash is extremely valuable. Records from ambulance transport and initial trauma assessments help establish the gravity and early treatment of injuries. Ask for copies of all records at each provider visit.
Specialist Reports
If you were referred to or saw additional medical specialists like orthopedists, neurologists, physical therapists etc. Obtain their examination notes, test results, procedures performed, diagnosis conclusions, and prescribed treatments as relevant to injuries sustained in the crash.
Ongoing Treatment Logs
Document all follow up care appointments, medications, procedures, therapeutic activities and dates with outcomes for as long as treatment is ongoing. Note how injuries progress or stabilize over time under medical supervision. Physical therapy appointments, chiropractic visits etc. should be logged.
Milestone Reports
Request progress reports from doctors around important milestones like first return to work attempt date and any work limitations, impairment ratings, surgery dates, test dates showing ongoing issue resolution or permanence of conditions.
Medical Bills, Lost Wages Documentation
Collect all related out-of-pocket expenses, including bills, wages/income documentation pertaining to missed work, job changes, or limitations caused by crash injuries. Quantify economic losses where possible.
Photos of Injuries
Take photos of external injuries as they appeared shortly after the crash and periodically as healing progressed through scarification or resolution. Date stamp photos are used for accuracy, and electronic and print copies are retained.
Daily Pain/Symptom Diary
Keeping an ongoing diary of pain levels, limited activities, and functional recovery progress on a daily/weekly basis helps attorneys argue the “general damages” of past and future pain and suffering.
With all related medical documentation and records assembled in one organized portfolio, an attorney can effectively prepare arguments for proving the full extent and impact of a motorcycle crash injury claim. Insurance companies leave no stone unturned to minimize payouts – riders deserve to hold them fully accountable.
Exploring Your Legal Options
Once liability has been established and the nature/extent of injuries and losses are clear, a motorcycle accident lawyer will help advise injured clients on the best legal options and strategic path forward. Common potential routes that may be considered include:
Negotiating a Settlement
In most personal injury cases, a negotiated settlement with the at-fault party’s insurance carrier is preferable to lengthy and uncertain litigation when a fair valuation can be agreed upon. However, settlements must fully and fairly compensate all claimed damages. An experienced attorney knows the local marketplace values.
Mediation or Arbitration
If direct negotiations reach an impasse, these alternative dispute resolution methods bring all sides together with a neutral third party in hopes of facilitating a mutually agreeable resolution. Their decisions are binding but avoid the risks/costs of trial while allowing some degree of party control.
Filing a Lawsuit
When liability, damages, and fairness cannot be reasonably resolved through less formal means, a civil complaint and official lawsuit may become necessary. Litigation gives the strongest leverage but also uncertainty – trials can have unpredictable juries. However, skilled attorneys know how to effectively prepare and present injury cases.
Pursuing an Appeal
Should the initial trial ruling not achieve the maximum possible compensation, your attorney may advise appealing adverse decisions to a higher court for another review of the facts, evidence and law. Not all trial losses warrant an appeal however due to costs and longshot odds of reversal.