Motorcycle Accident Compensation: What You Need to Know

After a motorcycle accident, getting the motorcycle accident compensation you deserve can cover your medical bills, lost wages, and more. This guide will explain the key factors influencing your compensation and the steps to take to secure it.

Key Takeaways

• Compensation for motorcycle accidents is primarily influenced by fault determination, injury severity, and limits on available sources of recovery.
• Economic damages encompass medical expenses and lost wages while non-economic damages include pain, suffering, and emotional distress.
• Legal representation is crucial for navigating claims, negotiating settlements, and ensuring fair compensation in motorcycle accident cases.

Factors Influencing Motorcycle Accident Compensation

Several key factors play a crucial role in determining the amount of compensation awarded in motorcycle accident claims. The first determinant is the establishment of fault. If someone besides the motorcyclist did not cause the crash, there will be no one to recover from! However, in most cases involving a motorcycle and another vehicle, fault is attributed to the other driver. Statistics have shown that in 64% of motorcycle crashes involving more than one vehicle, the other driver was at fault. Fault determination can affect the recovery in several other ways, discussed more below.

Injury severity also dramatically impacts the settlement value of an injury case. Motorcyclists are ten times more likely to suffer severe injuries compared to car passengers, often leading to higher compensation due to extensive medical expenses and prolonged recovery times. Additionally, the total medical costs and non-economic damages, such as pain and suffering, are critical in determining the final settlement amount or verdict awarded.

Another factor is the availability of insurance or other sources of recovery. The insurance coverage available to both parties involved in the accident significantly affects the potential settlement. All too often, the amount of money that can ever be made available to a motorcycle accident victim is limited by the applicable limits of the insurance policies involved.

Lastly, it’s important to consider that legal representation can strongly influence the settlement outcome. Motorcycle accident lawyers navigate the intricacies of the insurance and legal systems, ensuring accident victims receive fair compensation for their injuries and losses.

Types of Damages in Motorcycle Accident Claims

Motorcycle accident claims can encompass various types of damages, broadly categorized into economic and non-economic damages. Economic damages include tangible costs like medical expenses and lost wages. Medical bills are usually the largest portion of these claims, especially given the severity of injuries typical in motorcycle accidents.

Lost wages cover the income you would have earned had the accident not occurred, reflecting both immediate and future earning potential in a motorcycle accident lawsuit. Other economic damages can include costs of property damaged or destroyed, costs for refitting a home to accommodate a disability caused by a crash, or money to replace household services an injured person can no longer perform.

Non-economic damages, on the other hand, account for the intangible aspects of your suffering. This includes physical pain, mental anguish and emotional distress, loss of enjoyment of life, loss of use of the body, and disfigurement. Pain and suffering compensation often represents  the largest share of a personal injury case’s recovery, reflecting the profound impact a serious injury sustained in a motorcycle accident can have on your overall well-being. Factors such as the severity and duration of the pain, and how it affects your daily life, are considered when calculating the damages awarded for a motorcycle crash injury.

Detailed records of all medical treatments, expenses, and the impact of injuries on your daily life are crucial. This documentation substantiates both economic and non-economic damages, ensuring a comprehensive claim that accurately reflects the hardships you’ve endured.

How to Prove Negligence in a Motorcycle Accident Case

Proving negligence in a motorcycle accident case is critical for securing a recovery. This process begins with collecting evidence immediately after the incident. Critical types of evidence include police reports, witness statements, and photographs or videos of the accident scene and damages. These pieces of evidence help reconstruct the events leading to the accident and establish negligence.

Proving negligence requires demonstrating four elements: duty of care, breach of duty, causation, and damages. Conveniently, all drivers have a duty of care to operate their vehicles safely and so this element is easily met in almost all motorcycle crash cases. A driver breaches that duty by doing something a reasonable person would not, or not doing something a reasonable person would. This can be anything from not seeing a motorcyclist, to running a red light, to driving drunk or impaired on drugs. The element of ‘causation’ asks whether the crash resulted from the driver’s breach of their duty? If the breach was a substantial reason the crash occurred and the crash (or something like it) was a foreseeable result of the breach, then this element is met. Lastly, the breach must have resulted in some harm. 

Taken all together: A driver is “negligent” when they act unreasonably in a way that foreseeably causes an injury.

Motorcycle crashes tend to cause more serious injuries than similar crashes in a car would. Insurance companies and defense attorneys are motivated to fight motorcycle claims because of the exposure to potentially high damages. Thus, having a meticulous approach to gathering and presenting evidence is essential for proving negligence and securing the compensation you deserve in motorcycle accident lawsuits.

Calculating Pain and Suffering in Motorcycle Accident Settlements

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 might attempt to downplay these aspects to minimize payouts. Additionally, they 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. 

Experienced lawyers like those at Wyly & Cook can help accurately estimate, document, and present your pain and suffering, ensuring fair compensation with the assistance of an insurance adjuster.

What If You Are Partially at Fault?

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.

The Role of Insurance Companies in Motorcycle Accident Claims

The amount of insurance coverage available from both parties significantly impacts the potential settlement. Insurance coverage limits often constrain the final settlement amount because they represent all of the reasonably available money that can be recovered in a motorcycle accident case.

Uninsured and underinsured motorist coverage is crucial for protection against drivers with inadequate insurance. Motorcyclists often face bias from insurance companies, which may lead to unfair claim denials or reduced payouts. Insurance companies might also delay or deny claims based on misinterpretations of policy terms or the extent of damages.

Safeguard your interests by documenting all communications with your insurance company and avoiding statements without legal consultation. Additionally, never sign any documents or settlement agreements without legal advice. Understanding your policy specifics is an essential step in managing your claim effectively.

Why Legal Representation Matters

Having legal representation can significantly influence the outcome and value of your motorcycle accident claim. A motorcycle accident lawyer can provide essential assistance for navigating complex claims processes and achieving fair settlements. Lawyers can effectively negotiate with insurance companies to secure fair compensation, ensuring that your interests are prioritized.

Moreover, legal representation allows accident victims to focus on recovery while the legal complexities are managed by professionals. Experienced lawyers can also gather concrete evidence to persuade jurors and bolster your case.

Choosing a lawyer you can trust is vital for maximizing your compensation and ensuring a positive outcome.

Steps to Take After a Motorcycle Accident

Knowing the right steps to take after a motorcycle accident can be crucial for your safety and the success of your compensation claim. First, gather all relevant evidence, including photos of the accident scene, vehicle damage, and injuries. This documentation is vital for supporting your claim and proving fault.

Next, ensure you get proper medical treatment and keep detailed records of all related expenses and treatments, including your medical bill. Sending surgery photos and medical documentation to the insurance company can strengthen your claim.

Following these steps can help secure a fair settlement and facilitate your recovery process.

Frequently Asked Questions

What factors influence the amount of compensation in motorcycle accident claims?

What types of damages can be claimed in a motorcycle accident case?

How is pain and suffering calculated in motorcycle accident settlements?

Can I receive compensation if I am partially at fault for the accident?

Why is legal representation important in motorcycle accident claims?