Best Practices for Handling Your Motorcycle Accident Case

Involved in a motorcycle accident? This guide explains everything you need to know about handling your motorcycle accident case. Learn about immediate steps, gathering evidence, proving fault, and working with insurance companies.

Key Takeaways

• Motorcycle accident cases hinge on proving negligence, with key evidence including accident documentation and witness statements.
• Victims can claim both economic damages (e.g., medical expenses) and non-economic damages (e.g., pain and suffering) post-accident.
• Legal representation is critical for navigating insurance negotiations and filing lawsuits, ensuring adequate compensation and protection of rights.

The Basics of a Motorcycle Accident Case

The fundamentals of a motorcycle accident case start with recognizing the concept of negligence. Negligence, in the context of car and motorcycle crashes, is established when it is shown that the responsible party failed to fulfill their duty of care on the road. Lawyers call this a “breach” of the duty of care. All drivers have a duty to operate their vehicle safely and with due regard for other vehicles (and pedestrians, etc.) on the roadway. So a breach of that duty occurs when a person 1) does something a reasonable person would not do, or 2) does not do something that a reasonable person would. No list could cover every negligent act, but some common examples would include driving on the wrong side of the road, following too closely, failing to stop at a red light, not slowing down in a school zone, driving impaired by alcohol or other drugs, driving too fast for the road conditions, etc. 

Ultimately, a negligence case is about holding the at-fault driver responsible for harms caused by driving carelessly. Negligence cases hinge on proving what the person did, how that caused the accident, and what the resulting injuries were.

Motorcycle crash cases in particular often have more severe injuries than similar cases involving drivers of cars. This is due to the limited protection a motorcycle affords its rider in a crash. Additionally, motorcycles typically lack the many protective features found in cars, like airbags, seatbelts, and crumple zones. Thus motorcyclists face a significantly higher risk of serious injuries or fatalities compared to car occupants when involved in a crash.

Thorough documentation of the accident and the injuries is key to substantiating claims. Take photographs at the accident scene and gather witness statements to provide a clear account of events. This evidence is often indispensable in negotiations with insurance companies, or in presenting the case to a jury. These initial steps at the scene lay the groundwork for a robust motorcycle accident claim.

Immediate Steps to Take After a Motorcycle Accident

In the chaotic moments following a motorcycle accident, ensuring your safety and health is paramount. Start by checking for injuries, both for yourself and others involved. Even if injuries seem minor, seek immediate medical attention to prevent later complications. This safeguards your health and creates a medical record pivotal to your claim.

Next, exchange information with the other party involved, including names, contact details, and insurance information. Photographing the accident scene captures critical details like vehicle positions, road conditions, and visible damages, substantiating your account of events. This visual evidence can be invaluable when proving negligence and establishing liability.

Gathering witness information and statements offers unbiased perspectives to clarify the accident’s circumstances. A witness that gives a short statement into a phone camera can provide crucial evidence supporting your version of events, especially when fault is disputed. These immediate steps strengthen your case and set the stage for a smoother claims process.

Proving Fault in a Motorcycle Accident

Proving fault in a motorcycle accident relies on gathering evidence. Some of the most valuable kinds of evidence in a motorcycle accident case are accident scene photos, witness statements and contact information, and police investigation reports. These elements help establish how the accident occurred and who was responsible. In some cases, scientifically reconstructing the accident scene is necessary. This includes a detailed analysis of vehicle speeds, trajectories, and collisions. This analysis can shed light on a crash even when the people involved cannot remember (or due to injuries cannot testify) how it occurred. 

Unfortunately, negligent behavior on the road is all too common. Some kinds of negligence that regularly lead to motorcycle accidents include distracted driving, failing to yield, and driving under the influence. Proof of the negligence can be had through various means, such as showing that the driver violated a traffic law, had been engaged in reckless driving, or failed to see something (like a motorcyclist) that was there to be seen. A motorcycle crash lawyer will look for evidence of negligence, such as phone records that prove whether a driver was distracted, surveillance cameras from nearby businesses that may have captured the crash, or witness statements describing how a driver was acting before and after the event.

Sometimes, even more is required. Expert testimony from accident reconstruction professionals can clarify the specifics of the collision. These experts are able to analyze the accident scene details, witness statements, and police reports to provide a comprehensive explanation of the incident. Their insights are crucial for proving negligence and establishing liability, holding the at-fault party accountable. Often they can create a video animation that lets an insurance adjuster (or a jury) see just how the accident happened.

Types of Damages You Can Claim

Victims of motorcycle accidents can seek various types of damages to compensate for their losses. Economic damages include incurred medical expenses, lost wages, money needed to refit a home due to a permanent impairment, money necessary to replace household work done by the injured person, as well as replacement or repair of property damaged in the crash (such as the rider’s motorcycle). These quantifiable damages usually require documentation, such as invoices, medical bills, and proof of lost income.

Non-economic damages, though harder to quantify, hold equal importance. These include emotional suffering, loss of enjoyment in life, loss of use of parts of the body, disfigurement, and other negative changes to the victim’s quality of life.

In cases of wrongful death, family members can claim damages for the loss of financial support, any inheritance, the loss of companionship and the loss of advice from their loved one, as well as compensation for the family’s emotional suffering caused by the loss. In most cases where a person has died, the person’s estate may make a claim for their medical costs incurred prior to their death, as well as any pain or suffering they consciously experienced before their death. This can include pre-impact fright or awareness of impending death, that is compensation for the fear of perceiving that they are about to be involved in a crash or awareness that they are about to die. Compiling comprehensive documentation of injuries and damages supports a motorcycle accident claim and ensures fair compensation for all losses.

Working with Insurance Companies

Dealing with insurance companies after a motorcycle accident can be challenging. Reporting the accident to the insurance companies (yours and the at-fault driver’s) starts the claims process for damages or injuries. However, initial settlement offers from insurers are usually lower, as they aim to close cases quickly and minimize payouts. Wyly & Cook can effectively negotiate with insurance companies to secure better settlement offers.

Insurance adjusters frequently blame the rider for the crash, arguing they are totally or partly at-fault in the hopes that prejudice against riders may save the insurance company some money. Adjusters may misinterpret medical records to argue that pre-existing conditions contributed to the injuries. They regularly downplay the extent of pain and suffering associated with injuries in motorcycle accident claims. Needless delays in the claims process can pressure victims into accepting lower settlements because they need money for medical bills or to replace lost income. Such tricks and tactics are designed to save the insurer money without regard to whether the settlement offered covers all your accident-related losses and makes you whole again.

An experienced legal team like Wyly & Cook can address these insurance company challenges and secure a fair settlement. They understand the tactics used by insurance companies and can advocate for your rights, ensuring you receive the compensation you deserve.

The Role of Wyly & Cook

Consulting with Wyly & Cook can protect your rights and help you navigate the complexities of filing a claim. Their legal guidance helps in understanding the nuances of traffic laws and regulations affecting motorcycle accidents. Hiring an experienced motorcycle accident attorney at Wyly & Cook is necessary to navigate legal complexities and avoid being cheated by insurance companies.

Wyly & Cook focuses on personal injury claims, ensuring victims receive appropriate compensation. They can assist in obtaining compensation for medical expenses related to the motorcycle accident. Before accepting a settlement offer from an insurance company, it is crucial to get legal representation to secure a fair compensation amount.

Most motorcycle accident cases settle out of court, but if no agreement is reached, they proceed to trial. Wyly & Cook can navigate the specifics of the lawsuit and protect your rights throughout the process. Their expertise holds responsible parties accountable for compensation, providing the best defense against low insurance settlements.

Calculating Pain and Suffering

Because there is no easy and objective way to assign a dollar value to harms like physical pain or emotional suffering, calculating these “non-economic” damages is difficult. Several common methods include applying a multiplier to economic damages, considering a “per diem,” and evaluating the components of the loss on a scale from minor harms to catastrophic losses. The multiplier method calculates pain and suffering by multiplying economic damages by some number based on the severity of the injury. The per diem method assigns a daily monetary value for each day from the accident until maximum recovery, based on pre-accident income. The scales method tries to isolate each factor of the harm and weigh it independently before combining the factors to determine the ultimate recovery. 

Insurance companies often use proprietary software to calculate pain and suffering payments. This software may consider the above methods, but can also consider things like how much similarly injured people accepted in settlement of their claim, as well as whether or not the claimant is represented. The offer from the insurer can also turn on how an injury is described in the settlement demand and supporting records, and thus, thorough documentation and presentation by your legal representative is essential.

Regardless of how someone (be it an insurer, a lawyer, or a jury) calculates an amount for pain and suffering damages, the courts require that the injured person provide evidence of the existence and amount of the harm before they can recover. Examples of this evidence used to meet this burden are notes in medical records describing pain and limitations, personal journals, testimony from family, friends, or other members of the community, your own testimony, testimony from experts, and more.

Comparative Negligence in Motorcycle Accidents

In comparative negligence states like Texas, a motorcyclist can recover damages for an injury even if they were partially responsible for the crash, with compensation reduced by their percentage of fault. The rules for comparative negligence vary, with some states allowing recovery only if the injured party’s fault is under a certain threshold. This means a motorcyclist can pursue damages if partially liable for an accident.

In Texas, an injured person can recover their damages reduced by their percentage of fault up to 50%. If the injured person’s fault is 51% or more, then they may not make a recovery at all. For example, if a jury awarded $100,000 for an injury and the injured plaintiff was found 50% at fault, they would recover $50,000 (100%-50%=75%; 50% X $100,000 = $50,000). But if they were found 51% at fault, they would recover nothing. 

Insurance companies often employ strategies to shift blame onto motorcyclists, hoping that a jury will have prejudice against a motorcyclist. This can include suggesting risky behavior to reduce their liability. Partial liability can significantly influence the compensation a motorcyclist may receive for damages.

Understanding these rules and having experienced legal representation can make a significant difference in recovering fair compensation.

Filing a Motorcycle Accident Lawsuit

Filing a motorcycle accident lawsuit requires several steps and careful preparation. Consult an attorney to properly submit your motorcycle accident claim before the deadline. The pretrial process includes depositions, where witnesses provide sworn testimony. This phase is crucial for gathering detailed accounts and building a strong case.

The possible outcomes of filing a lawsuit after a motorcycle accident include trial, arbitration, or settlement. Each outcome has its own set of procedures and potential benefits. Legal representation helps navigate these processes effectively, ensuring your rights are protected and maximizing your chance of recovering damages.

Common Injuries in Motorcycle Accidents

Motorcycle accidents often result in a range of motorcycle accident injuries, some of them severe. The most frequently reported injuries among motorcyclists include:

• Lower extremity injuries due to the rider’s exposure during crashes.
• Abdominal injuries, which are more common in older riders, possibly due to changes in body structure and resiliency.
• Traumatic brain injuries, with severity often linked to helmet use. A motorcycle accident victim may experience these injuries to various degrees.

Chest injuries, particularly rib fractures, are more common in older motorcyclists compared to younger ones during accidents. Spinal injuries are significant, especially in high-impact collisions.

Post-traumatic stress disorder (PTSD) can occur in motorcyclists after severe accidents, impacting their mental health. Understanding these common injuries helps victims and their families prepare for the recovery process and associated claims.

Statutes of Limitations for Motorcycle Accident Cases

Statutes of limitations dictate the time frame for filing a motorcycle accident claim, varying by state. Missing the filing deadline generally results in the court rejecting your case. Timely filing of a motorcycle accident claim is essential to ensure the possibility of recouping damages.

In Texas, the statute of limitations for a motorcycle crash, like any other motor vehicle claim, is two years from the date of the crash. 

Also in Texas claims against governmental entities, like a City, a police department, public transportation buses etc., require that the government be given timely notice of the injury and claim. This can function like a statute of limitations and can require a timeframe as short as 90 days. One injured due to the fault of a governmental entity needs to make sure the proper notice is sent timely. 

In some cases, the countdown for the statute of limitations begins when the injury is discovered. Although this will rarely (if ever) apply to a motorcycle crash. Understanding these timelines and consulting an attorney ensures you meet deadlines, preserving your right to seek compensation for injuries and losses.

Frequently Asked Questions

What should I do immediately after a motorcycle accident?

How can I prove fault in a motorcycle accident?

What types of damages can I claim after a motorcycle accident?

How does comparative negligence affect my claim?

Why is it important to hire an experienced motorcycle accident attorney?