Motorcycle Crash Compensation (2024): Get What You Deserve!

Factors that Influence a Motorcycle Accident Settlement

According to LawlinQ, numerous factors can significantly impact the outcomes of motorcycle accident settlements [1]. Below are some of the key elements to consider:

• Liability: The determination of who was at fault in the accident is a primary factor. If the other party is clearly liable for the accident, it can strengthen your case and lead to a higher settlement.
• Extent of Injuries and Medical Costs: The severity of injuries sustained in the accident is a crucial factor. More severe injuries often translate to higher settlements due to increased medical expenses, including hospital bills, surgeries, rehabilitation, and ongoing medical treatment.
• Property Damage: The extent of damage to your motorcycle and other property can also influence the settlement amount. Repair or replacement costs are factored into compensation calculations.
• Lost Wages: If the accident resulted in missed work or diminished earning capacity, you may be entitled to compensation for lost wages. This aspect can significantly impact settlement figures.
• Insurance Coverage: The insurance policies of both parties involved can affect settlement negotiations. Limited coverage on the part of the at-fault party may constrain the maximum settlement achievable.
• Comparative Negligence: California’s comparative negligence system means that if you share some responsibility for the accident, your settlement may be reduced proportionally. The degree of fault assigned to each party can affect the final settlement amount.
• Pain and Suffering: Non-economic damages, such as physical pain and emotional distress resulting from the accident, are also considered. Quantifying these damages is complex but essential in settlement discussions.
• Legal Representation: Engaging an experienced attorney can have a significant impact on your settlement. Skilled lawyers can advocate on your behalf, gather compelling evidence, and navigate legal complexities to potentially secure a higher settlement.
• Statute of Limitations: California imposes a statute of limitations on personal injury claims. Failing to file a lawsuit within the specified timeframe can jeopardize your ability to obtain a settlement.
• Evidence and Documentation: The strength of your case relies on the evidence presented. This includes accident reports, witness statements, medical records, and other relevant documentation.
• Negotiation Skills: Effective negotiation skills, both on the part of your attorney and the willingness of the insurance company to negotiate, can influence the final settlement amount.
• Precedent and Case Law: Previous court rulings and established case law can set precedents that impact your case’s handling and potential settlement amount. Keeping abreast of legal precedents is essential for informed negotiations.

What Should I Do if I Was Involved in a Motorcycle Accident?

According to John Foy, motorcycle riders are often portrayed as reckless, most motorcyclists are careful and responsible drivers. Even so, motorcycle accidents can happen when other drivers on the road are not prudent enough. If you were hurt in a motorcycle accident, there are certain actions you can take right at the scene of the accident to protect your rights and help you begin building a legal case [2].

Here are the essential steps to take at the scene of a motorcycle accident:

• Stay Calm and Move to Safety: Despite feeling panicked or emotional, try to remain composed and move to a safe location away from traffic. Take deep breaths and assess the situation.
• Seek Emergency Medical Attention: Motorcycle accidents can result in severe injuries. If anyone is seriously injured, call for emergency medical assistance immediately. Keep injured individuals calm and comfortable until help arrives.
• Gather Information: If you’re able to stay at the scene, collect vital information from all parties involved, including names, contact details, driver’s license numbers, vehicle makes and models, insurance information, and license plate numbers. Ensure everyone’s safety and secure the accident scene.
• Document the Scene: Capture photographic evidence of injuries, vehicle damage, and the overall accident scene using your phone camera. Take various shots to depict the situation comprehensively, including close-ups, wide angles, and relevant details like road conditions and weather.
• Report the Accident to the Police: Always notify the police to create an official accident report, documenting the incident’s details. Obtain the attending officer’s information and request the accident report number for future reference.
• Speak to Witnesses: Gather contact information from any witnesses present at the scene. Witness statements can provide valuable support for your case.
• Contact a Motorcycle Accident Lawyer: Reach out to an experienced motorcycle accident lawyer promptly, ideally within 48 hours of the accident. A legal professional can guide you through the process, protect your rights, and pursue compensation on your behalf.

How to Recover from a Motorcycle Accident

According to K&M Group, recovering from a motorcycle accident can be physically and emotionally taxing. Most motorcycle crashes result in injuries, which can leave feeling pain and discomfort for weeks. As distressing as this time can be, there are a few things you can do to help you recover both physically and financially [3].

• Follow Your Doctor’s Instructions: Your doctor’s guidance is paramount during your recovery. Adhere to their recommendations regarding rest, medication, and activity levels. Obtain written documentation if your doctor advises you to take time off work.
• Prioritize Rest and Relaxation: Allow your body the time it needs to heal by getting ample rest and relaxation. This not only facilitates physical recovery but also helps reduce stress levels.
• Maintain a Healthy Diet and Hydration: Nourish your body with nutritious foods and stay hydrated to support the healing process. Incorporate plenty of fruits, vegetables, lean proteins, and whole grains into your diet.
• Adhere to Pain Management: Take prescribed pain medication as directed to effectively manage discomfort. Consistency in taking medication is crucial during the initial stages of recovery to prevent increased pain levels.
• Participate in Physical Therapy: Attend scheduled physical therapy sessions to enhance recovery, regain strength, and improve mobility. Complement these sessions with prescribed at-home exercises to maximize progress.
• Stay Active Within Limits: While rest is essential, engage in gentle exercises and stretches within the parameters set by your doctor. Avoid overexertion and prioritize adherence to medical advice.
• Seek Emotional Support: Lean on the support of loved ones, friends, or professional therapists to navigate the emotional challenges of recovery. Consider joining support groups or seeking solace from fellow bikers who understand your journey.
• Keep Track of Expenses: Document all medical bills and related expenses incurred due to the accident. This information may be valuable for insurance claims or personal injury lawsuits.
• Avoid Alcohol and Drugs: Refrain from consuming alcohol and drugs during your recovery, as they can impede healing and potentially interact with medications.
• Maintain a Positive Outlook: Stay optimistic and patient throughout the recovery process, celebrating small victories along the way. Remember that healing takes time, and every step forward is a significant achievement.

By prioritizing your physical and emotional well-being and following these guidelines, you can navigate the road to recovery with greater ease and resilience.

Also Read: Where Do Most Motorcycle Accidents Occur?

Motorcycle Accident Statistics

• Motorcycles constitute only 3% of all registered vehicles and 0.7% of total vehicle miles traveled in the US; however, motorcyclists represented 14.6% of all traffic fatalities and 3.5% of all injuries in 2022.
• Helmet use is a critical factor influencing motorcycle fatality rates.
• Motorcycle rider and passenger fatalities increased by 1% from 2021 to 2022, yet the fatality rate per 100 million vehicle miles traveled decreased by 16%.
• This decrease is attributed to a notable 21% increase in miles driven during the same period.
• Over the past decade, motorcycle deaths have surged by 32%, with death rates climbing by 13%.
• Presently, there are 6,218 motorcycle fatalities, with a fatality rate of 26.16 per 100 million vehicle miles.
• Nonfatal injuries saw a 2.6% increase, but the injury rate decreased by 19% from 2021 to 2022.
• Since 2016, the National Highway Traffic Safety Administration (NHTSA) shifted from the National Automotive Sampling System (NASS) General Estimates System (GES) to the Crash Report Sampling System (CRSS), rendering injury estimates incomparable to earlier years.
• Post-2016, injuries have seen a 20% decrease, with injury rates plummeting by 31%.

Source: National Safety Council Injury Facts [4]

Related Articles:

• Major Cause of Death in Motorcycle Accidents
• Most Common Causes of Collision between Cars & Motorcycles
• Fault in Pedestrian vs Motorcycle Accidents

FAQs

How does the statute of limitations affect my ability to seek compensation for a motorcycle accident?

The statute of limitations sets the deadline for filing a lawsuit after a motorcycle accident. This period varies by state but generally ranges from one to three years from the date of the accident. If you fail to file a lawsuit within this timeframe, you may lose your right to seek compensation.

What should I do if I am offered a settlement for my motorcycle accident claim?

If you are offered a settlement, consult with your lawyer before accepting it. Your lawyer can help you determine whether the offer is fair and in line with the damages you have suffered, or if you should negotiate for a higher amount or proceed to trial.

What should I do if my motorcycle accident compensation claim is denied?

If your claim is denied, work with your lawyer to review the reasons for the denial and explore your options for appeal or litigation. Your lawyer can help you challenge the denial and pursue the compensation you deserve through further negotiations or by taking the case to court.

See all related motorcycle accident lawsuits our attorneys covered so far.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:

1. https://www.lawlinq.com/average-motorcycle-accident-settlement-amount-california/
2. https://www.johnfoy.com/faqs/what-should-i-do-at-the-scene-of-a-motorcycle-accident/
3. https://kassandmoses.com/blog/10-things-to-do-when-recovering-from-a-motorcycle-accident/
4. https://injuryfacts.nsc.org/motor-vehicle/road-users/motorcycles/