Motorcycle accidents are common occurrences. Thousands of individuals are involved in motorcycle crashes in the US annually. Unfortunately, these incidents often place victims and their families in the difficult position of pursuing both medical and legal recovery. They face medical bills piling up, insurance adjusters pushing back, and the challenging task of proving who's at fault. A motorcycle accident lawyer in St. Petersburg can break down the legal options available and protect your right to compensation.
To learn more about these accidents and what a lawyer can do following a motorcycle accident, read on.
Causes of Motorcycle Accidents
Most motorcycle accidents happen due to negligence. This refers to a failure to take proper care when operating a motor vehicle, resulting in harm or damage to someone else. Regarding motorcycle accidents, negligence can occur when a driver does not act responsibly or follow the traffic laws, leading to a crash. It is essential to understand these causes to help you determine liability and establish the strength of your legal claim. Common causes of motorcycle crashes are:
Distracted Driving
Distractions while driving are a common cause of serious crashes. For example, taking your eyes off the road as you drive through an intersection can cause deadly crashes. Also, common distractions involving texting or tweaking a GPS can steal focus from drivers, leaving you no room to react.
Speeding
Excessive speed can turn a manageable situation into a serious accident. Mostly, drivers speed when they are late for work or trying to meet a schedule. Unfortunately, speeding riders or drivers are unable to react on time to road situations, as brakes can't hold fast enough when needed. This can cause a crash, most likely preventable with reasonable speeds.
Lane Splitting
In states where it's legal, sliding between cars in traffic may feel exhilarating. But sometimes, it may threaten the safety of the rider greatly. For instance, weaving between a truck and a sedan while the truck driver swerves left to check his mirror can be quite dangerous. The other drivers may not see you, and their sudden movements can easily squeeze you inside or even knock you down.
Driving Under the Influence
Alcohol can slow reflexes, leading to misjudgments while driving. For example, if you are driving under the influence, you are likely to misjudge your speed. Unluckily, an impaired action on the road can cause an inconvenience that you can't handle, causing an accident.
Failure to Yield
Intersections often turn into accident hotspots, especially for those who are impatient at stop signs. One prevalent cause of many deadline accidents is the failure to yield. A common type of collision resulting from this is a T-bone crash.
Road Hazards
Navigating the streets on two wheels can feel like walking through a minefield. It is not uncommon for a deep pothole, jagged and neglected in the city grid, to send riders spiraling out of control. Also, loose gravel on a mountain pass can loosen your grip on the road. After a storm, wet leaves and pooling oil at traffic lights make it tricky to keep your balance.
Defective Motorcycle Parts
Your bike is essential until it breaks down. Worn or poorly made brake pads can grab unevenly, making it hard to control the motorcycle. If your tires have hidden issues, like a sidewall bubble from the factory, they can blow out while you're turning. When these defects catch you off guard while riding, the results may be catastrophic.
Why Do You Need a Motorcycle Accident Lawyer
Following a motorcycle accident that left you with injuries, you deserve justice to reclaim your life. There are many reasons you need a lawyer to ensure your push for justice prevails. Below are important reasons you need to work with a motorcycle accident attorney to secure financial resources to take care of your injuries:
Learn Your Legal Rights
After a crash, you might find yourself in a state of confusion. Can you really file a claim for a custom exhaust that got wrecked? What if the insurance company pushes back the claim?
Luckily, a lawyer breaks it down for you and clarifies rules like lane-splitting regulations in certain states or helmet requirements in others. They'll help you understand your rights in pursuing damages for your injuries. With their guidance, you can understand the law and how to use it to your advantage.
Prove Liability and Negligence
In most motorcycle accident cases, fault is rarely clear-cut. Different parties may shift blame to others in an attempt to avoid liability. However, a motorcycle accident lawyer can dig in and examine the facts of the crash. They may obtain dash cam clips, track down witnesses who saw the crash unfold or hire an expert to sketch the crash's physics. They can prove how someone's carelessness broke the rules and injured you.
Find Medical Care, If Needed
Injuries can distract you and steal your focus. However, a lawyer understands your situation and may connect you with an orthopedic surgeon for a broken knee or a neurologist if you have headaches later. They may refer you to doctors who can treat you right away, billing your settlement later. This way, you can access quality medical care to help facilitate your focus on recovery.
Increase Compensation
Insurers are good at providing initial offers that can't meet your overall damages. For example, they may make a settlement offer that covers an emergency visit but ignores the costs of months of rehabilitation. A lawyer understands the bigger picture where there can be future surgeries, jobs you can no longer do, and the pain that drains you emotionally. They can build a strong case to secure a payout that reflects your actual situation.
Deal with Difficult Insurance Companies
Adjusters play an important role in the process, but it's important to understand that their main aim is to protect the interests of the insurer. They may scrutinize your account of the incident, delay decisions with "pending reviews," or suggest that you bear some responsibility for the situation.
In such cases, a lawyer can provide key evidence associated with the incident to strengthen your case. They are well-versed in the terminology and processes of the insurance industry, which can help ensure that you get a fair assessment of your claim.
Represent You in Court
In many personal injury cases, a settlement is often reached, but there are instances where negotiations do not lead to an agreement. If the compensation offer is low, your attorney may choose to take the case to trial. During this process, the lawyer will illustrate the circumstances of the incident to a jury. They will offer details like the movement of your helmet and the other party's sudden U-turn without signaling to ensure you secure a favorable verdict.
Injuries in Motorcycle Crashes
Compared to the passengers in vehicles like trucks or cars, motorcyclists have less protection during an accident. They rely solely on their helmets and protective gear to safeguard them from impact with the ground. As a result, if a motorcycle collision occurs, riders can experience devastating injuries that may lead to prolonged incapacitation.
Ultimately, the resulting injuries depend on the intensity of the collision and whether the rider was in any protective gear. Injuries sustained during motorcycle accidents include the following:
- Traumatic Brain Injuries (TBI): Even with helmets, motorcyclists can suffer concussions or severe brain damage, leading to cognitive impairments.
- Spinal Cord Injuries: Damage to the spine has been associated with paralysis, impacting mobility and independence.
- Fractures and Broken Bones: High-impact crashes frequently result in broken limbs, ribs, or pelvis injuries.
- Road Rash: Severe abrasions from sliding on pavement can lead to infections, scarring, and nerve damage.
- Internal Injuries: Organ damage, internal bleeding, and punctured lungs are common in high-speed crashes.
- Amputations: In extreme cases, crushed limbs may require surgical amputation, permanently altering a victim's life.
The severity of these injuries directly impacts the amount of compensation a victim may be entitled to recover. Your lawyer will assess how these injuries have reshaped your life to determine the damages you can claim.
Who Can You Sue for Motorcycle Accident Damages?
Liability in motorcycle accident cases can extend beyond just the other driver. Potential defendants include:
- Other Drivers: The driver who texts while driving or speeds recklessly is often a top concern. If they are proven to be negligent, their insurance or personal wealth will help cover your recovery.
- Government Entities: It is not uncommon for government agencies to neglect roads, leaving potholes, missing signs, and unlit curves. If these issues are proven to have caused the crash, you can sue the agency responsible to recover damages.
- Manufacturers: If a helmet that cracks or a brake that fails is the reason behind the motorcycle accidents, you can place the blame on the manufacturer. To prove that a product is poorly designed, your lawyer may collaborate with experts to provide proof linking the defective product with the crash.
- Third Parties: Other parties may be responsible for the accident, such as a delivery truck rushing deadlines. Your lawyer is key when it comes to identifying all liable parties to widen your net for justice.
- Employers or Commercial Entities: If the at-fault party was driving for work, their employer may bear accountability under the doctrine of vicarious liability. This means that the employer bears responsibility for the negligence of their employee while they are performing job-related duties.
A lawyer will investigate all possible negligent parties to ensure their clients secure the maximum compensation they deserve. If the liable party pushes back against claims, your motorcycle accident attorney can gather and present more evidence, negotiate more, or take legal action to ensure you receive your rightful compensation.
How Much Is a Motorcycle Crash Injury Worth?
A motorcycle accident settlement is different from other cases. Motorcycle accident claims involve unique injuries and losses. So, it's almost impossible to pinpoint a single figure without a comprehensive analysis by an attorney. Since each motorcycle accident case is unique, settlement amounts also vary based on specific factors.
Here are the factors that lawyers consider to ascertain the value of a motorcycle accident injury claim:
Severity of Injuries
The extent and nature of injuries play a role in calculating the value of a motorcycle crash injury claim. More severe injuries lead to higher settlements due to increased medical costs, prolonged recovery periods, and the long-term impact on a victim's life. This includes:
Also, if you are unable to work due to temporary or permanent disability, your compensation should cover lost income and potential future earnings. If the crash resulted in immense physical pain and emotional distress, the courts and insurance companies will consider this when determining settlements.
Permanent impairments are also a key consideration. For example, paralysis or amputations may greatly diminish your ability to undertake daily activities, hobbies, and social interactions, increasing compensation. Your lawyer can also pursue disability benefits to ensure you are properly compensated.
Medical Expenses
Medical costs that come from treating motorcycle injuries can be overwhelming. Compensation should account for emergency medical care, including ambulance services, emergency room treatment, and surgeries. The lawyer will also ensure ongoing medical expenses, such as rehabilitation are considered. They will include the cost of assistive devices and medical equipment and all treatment related to accident-related injuries.
Insurance Coverage
The compensation amount largely depends on the insurance policies involved. If the negligent driver has minimal coverage, you may need to seek additional compensation through other means, such as uninsured/underinsured motorist coverage. If the at-fault party lacks sufficient insurance, you can pursue your own policy and may provide coverage, depending on their policy limits.
Victim's Age and Income
Younger victims or those with high-earning potential may receive larger settlements because they may have decades of lost earnings, which increases the compensation amount. Also, high-earning individuals who can no longer work at full capacity are entitled to larger settlements due to their financial dependence and career trajectory.
Speak to a Motorcycle Accident Lawyer Now
If you or a loved one has suffered an injury in a motorcycle crash, it is advisable to hire a trusted motorcycle accident attorney as soon as possible. People involved in serious crashes face great losses and often can't figure out what to do to safeguard their rights. You should always work with a legal advocate to protect your rights, negotiate on your behalf, and fight for rightful compensation.
Contact a personal injury attorney today and take the most critical step aimed at securing justice.
