About Motorcycle Accidents

A motorcycle accident is a serious event and it can change someone’s life completely. Injuries from motorcycle accidents are most often catastrophic ones that can include:

  • Lost Limbs
  • Brain Injuries
  • Spinal Cord Injuries

According to statistics from the NHTSA (National Highway Traffic Safety Administration), in 2006, 11% of all traffic deaths were directly made up from motorcyclists and 13% of all the occupant fatalities and 4% of all occupants were injured.

Just as with any other vehicle, motorcycles can get hit by another vehicle from about almost any direction. In 2006, according to the NHTSA, 51% of all motorcycles that were involved in a fatal crash had collided with another vehicle type that was in transport. Of all those, 79% of them involved the motorcycle being hit from the front. Of all two vehicle motorcycle accidents, 5% of them involved the motorcycle being hit from the rear.

Motorcycle Accident Statistics
In 2007, according to the NHTSA, there were 5,154 motorcyclists that were killed in accidents, 4,810 in 2006 which was up 5% from 2005. Moreover, there were 88,000 motorcyclists that were injured in 2006.

Further noted by the NHTSA is that approximately 137,000 motorcyclists have died in traffic accidents since the 1966 enactment of the Highway Safety and National Traffic and Motor Vehicle Safety Act. This act was designed in order to ensure that every state has a program for highway safety in order to reduce the amount of traffic accidents. Furthermore, the act served to create a mandatory motor vehicle federal safety standard.

Motorcycle Accident Injuries
Due to the decreased visibility and stability of motorcycles than a passenger car, have a higher likelihood of being in an accident than a car would. Moreover, when a motorcycle is involved in a crash, due to the fact that they offer far reduced levels of protection than a car does, the motorcycle riders are more likely to sustain an injury or be killed.

Often, motorcycle accidents will result in very serious injuries, including:

  • accident attornysEscalating Medical Bills
  • Physical Pain
  • Long Months of Recuperation

The injuries that are associated with motorcycle accidents are numerous and include:

  • Lost Limbs
  • TBI’s (Traumatic Brain Injuries)
  • Chronic Pain
  • Spinal Cord Injuries
  • Emotional Trauma

Survivors of motorcycle accidents will often face many long months of rehabilitation and/or expensive medical care at which time they’re incapable of working. Recuperation can involve many different things, including:

  • Surgery
  • Physical Therapy
  • Medication(s)
  • More

Helmet Laws
Helmets are most generally regarded as a potentially lifesaving safety device, although not all states have laws that require a motorcycle rider wear their helmet. There are states that have laws that require their riders to wear helmets, others that require that some riders where helmets and a small handful of states that have no motorcycle helmet laws at all.

Legal Help for a Motorcycle Accident
If you’ve been involved in a motorcycle accident, or one of your loved ones has died as a result of a motorcycle accident, please contact the Doan Law Firm in order to speak with one of our motorcycle accident lawyers today with no charge or obligation.

personal injury law

Motorcycle Accident Settlements

Sometimes people will find themselves looking at a settlement for a motorcycle accident which can help provide at least a partial measure of security, at least when it comes to financial concerns. Motorcycle lovers love to ride and feel the wind in their face along with the sense of freedom that comes from a motorcycle ride. People will take advantage of the warmer temperatures and hop on their motorcycle for:

  • Adventure
  • Fun
  • Easier Transportation Mode

Although there is a lot of amusement that comes with the sport of motorcycle riding, the unfortunate reality is that it’s one of the most dangerous pastimes that someone can undertake.

Accidents Can and Do Happen

There is risk in all of life’s areas and nobody is able to ensure against an unforeseen accident that could happen in the future. Motorcycle accidents will more often than not involve a larger passenger vehicle. The primary reason that motorcycle accidents are so dangerous is the fact that they have to share the road with trucks and larger passenger vehicles. The reality is that drivers aren’t always aware of their surroundings and there’s a much greater risk to hitting a vehicle that’s harder to see and smaller than they are, then it would be to see another truck or car that’s on the road. In instances where the accident is the fault of the other driver, the need for the hiring of an experienced motorcycle accident lawyer and the filing of a motorcycle accident claim will become apparent.

Some motorcycle accidents will occur due to riders that are underage or just careless; however, the majority of all of them is due to drivers of other passenger vehicles and will require a motorcycle accident lawsuit/settlement in order to resolve them. If there is a person killed in a motorcycle accident and the blame has fallen on the other party through an act of negligence or carelessness, the victim’s family is able to file a lawsuit on the deceased family member’s behalf in order to recoup money to cover hospital costs and/or other expenses related to the motorcycle accident. The responsible party will be liable for any and all of the damages and will need to answer to the dependents, families or beneficiaries of the deceased party.

Instances like the above will often require assistance from an experienced motorcycle lawsuit lawyer and the Doan Law Firm has experienced motorcycle lawyers standing by to give you legal guidance. In the case a family member has died a wrongful death lawsuit may be necessary and will cover accidents where negligence or carelessness were at play.

You Have Rights

People that have suffered injuries or their family that has lost a family member as the result of a motorcycle accident should be aware of the order of proceedings and all of the rules that will follow. Those people who are familiar with all of their rights and how the system is intended to work will be able to ensure they receive the compensation that they deserve. For those that aren’t, and even those that are, will find the assistance of an experienced motorcycle accident lawyer invaluable as experienced personal injury lawyers in motorcycle accidents will know if your settlement is fair and be able to take it to court if it’s not to ensure you get what you deserve.

Every case and the rules surrounding them will vary. Those who wish to pursue a lawsuit need to be aware of all the laws and rules that surround their case. Those who are just looking for compensation or retribution need to be aware of the statute of limitations (the amount of time that a victim or victim’s family has to file a lawsuit and get justice from the person at fault for the accident) that will apply to their case. Depending on the severity of the incident it can vary to a year to several years. After the statute of limitations has passed the fault of the other party will no longer be contested in court.

Bringing Your Case to Court
The process of filing a lawsuit and pursuing settlement for your motorcycle accident personal injury claim can be very confusing. Victims that are serious about gaining compensation for hospital costs, other costs or injuries need to seek the help of an experienced motorcycle accident lawyer immediately. Motorcycle accident personal injury lawyers understand the turmoil and stress from an accident like this and can provide all of the help that’s necessary in order to bring a timely end to the process.

When the case has to be presented within a court of law, the motorcycle accident personal injury lawyer will be able to provide advice and counsel and lead their client through all of the necessary steps to bring the action into court through a lawsuit and achieve a settlement that’s satisfactory. At the Doan Law Firm we have the reputation and reputable history to bring your action into court and get you the desired result you deserve. We’ll ensure that you know the rights that you’re entitled to and will work closely with you in order to ensure that the facts surrounding your case are kept accurate and presented properly.

Final Thoughts
Man is much weaker than steal, therefore accidents involving a motorcycle and a passenger vehicle at a high rate of speed will often lead to serious injuries and sometimes death. Motorcycle accident lawsuits and subsequent settlements will help recuperate the necessary financial aid that will be necessary for the victim or the victim’s family to cope with the financial repercussions resulting from the unforeseen motorcycle accident. Nobody is guaranteed tomorrow, and as a result, everyone needs to exercise caution in all areas of their life. When a motorcycle accident occurs an experienced motorcycle accident lawyer can ensure that this unforeseen circumstance isn’t an unneeded and unnecessary financial burden.

Motorcycle Accident Claims Settlements Timing

If the responsible party for the motorcycle accident is insured, prior to any settlement offer being made, the insurance adjuster for their carrier will request and gather all of the required documentation involving:

  • Inflicted Injuries
  • The Accident
  • An Itemized List of Incurred Expenses

The records will most typically include things like:

  • Medical Records
  • Past, As Well As Future Medical Expenses
  • Witness Statements
  • Lost Wage Evidence
  • Traffic Collision Reports
  • Any Other Documentation That Involves Injuries That Are Permanent As A Cause of the Motorcycle Accident

After all of the required documentation is received, their insurance company will then make a determination of liability and the claims adjuster will also review all of the medical records. An initial valuation is then made through entering the information into the insurance company’s proprietary system (computer program). The majority of insurance companies have the requirement that their claims adjusters submit their requests to a supervisor with full authority. In the alternative, they may send all claims to what’s called a round table review with other claims adjusters. Once the offer is made and accepted the case will be finalized. At that point you will just need to sign a release and you’ll then receive your check from the insurance company.

Why You Should Still Hire a Lawyer
Dealing with insurance companies is often difficult and will require the help of an experienced lawyer and law firm in order to get you the settlement that you deserve. It’s extremely common for offers that are made to be very unacceptable. Your lawyer will negotiate for you and if the offer made is unacceptable your lawyer may initiate a lawsuit on your behalf against the responsible party. If you’ve already filed a lawsuit, your lawyer will pursue it on your behalf. Please be aware that if your motorcycle accident involves a lawsuit it can take a significant amount of time. It varies by county but the normal amount of time from filing to settlement is 12-18 months.

After The Lawsuit Is Filed
After the lawsuit has been filed both parties will investigate the claims alleged in the lawsuit and make preparations for the trial. This is a process that’s known as discovery. The discovery process includes:

  • Exchanging Written Information
  • Party Initiated Medical Examinations
  • Taking Depositions from All Involved Parties
  • Obtaining Records via Subpoena

Once this point of the process is reached both parties may agree to enter into mediation, arbitration or additional negotiations to see if a settlement can be reached. Should the case not reach an amicable resolution during this process, the expert witness part of the discovery process will commence. This part of the process includes examination and identification by deposition of all the scientific experts and medical staff that both parties intend to call at the trial. The date for the trial will be set by the court and it can be continued as needed depending on the needs of the parties or the court schedule.

The Trial
Once you reach the trial you have the opportunity to tell your story in front of a jury of your peers. Depending on how complex your case is, this can take anywhere from just a few days to weeks or even months. Everyone is going to hold their own opinion on how much a case is valued at, however, only at trial are you able to get a judgment via community. After the trial has concluded and the judgment reached either side may make a motion for a new trial. The reasoning behind is usually either the plaintiff (you) or the defense (other party) may determine there was an error and request a new trial. Additionally, appeals can also be made to a higher court. In the majority of all motorcycle accident trials, the trial will provide an amicable and final judgment.

Having an experienced motorcycle claims lawyer on your side to navigate you through the entire process and take your case to trial if needed is invaluable. Contact us for a free consultation with an experienced lawyer today.