Motorcycle Crash Lawsuit: Average Settlements and Duration Explained

Wondering how to secure compensation after a motorcycle accident? A motorcycle crash lawsuit can help you recover medical expenses, lost wages, and other damages. This article will guide you through the average settlements, key steps, and timeline involved in these lawsuits, helping you understand what to expect and how to protect your rights.

Key Takeaways

• Motorcycle crash lawsuits require proving negligence and establishing liability to secure compensation for medical expenses, lost wages, and related costs.
• The severity of injuries and liability determination significantly influence the amount of settlement in motorcycle accident cases, highlighting the importance of gathering evidence and legal representation.
• The legal process of filing a motorcycle crash lawsuit can be complex and may vary in duration, emphasizing the need for experienced legal counsel to navigate negotiations and court proceedings effectively.

Understanding Motorcycle Crash Lawsuits

Motorcycle crash lawsuits are an attempt to prove liability on the at-fault driver and secure compensation for the injured party from the driver (or their insurer). These motorcycle accident lawsuits also must show that the negligence directly led to the accident and the resulting injuries. The ultimate goal is to obtain compensation for the victim’s harms and losses, including medical expenses, lost wages, and other related costs, as well as money to compensate for pain and suffering.

While filing a lawsuit can seem daunting, having the right legal representation can put your mind at ease. Experienced motorcycle accident lawyers play a pivotal role in navigating the complexities of these cases, ensuring that necessary evidence is gathered and presented effectively.

Why File a Motorcycle Crash Lawsuit?

Filing a motorcycle accident lawsuit protects your rights and can be needed to secure the compensation you deserve. If you have sustained injuries due to another driver’s negligence, you have the right to seek compensation for your injuries and financial losses, including future medical needs and lost income. Acting within the statute of limitations is vital to preserve your right to pursue a claim.

Consulting with an experienced motorcycle accident lawyer can significantly improve your chances of obtaining a fair settlement. Severe injuries from motorcycle accidents, such as brain injuries and broken bones, often require extensive medical treatment and a strong legal strategy for motorcycle accident injuries.

Key Elements of a Motorcycle Crash Lawsuit

A successful motorcycle accident lawsuit hinges on proving several key elements. First, it is essential to demonstrate that the other party breached their duty of care, that is they did something a reasonable person would not have, or didn’t do something a reasonable person would have. Second, that breach must cause or contribute to causing the crash. And lastly, that there was some kind of harm or loss, like a bodily injury or loss of property.

Compensation is available for harms and losses sustained in the crash.

This includes medical costs, property damage, lost wages, as well as compensation for physical pain, mental anguish, loss of enjoyment of life, loss of use of the body, & disfigurement. 

In cases of gross negligence, that is where the other driver knew of an extreme risk of harm from their behavior but proceeded anyway, punitive damages may also be awarded. Early action is crucial for gathering evidence and building a strong case.

Initial Steps After a Motorcycle Crash

Knowing what steps to take immediately after a motorcycle accident is crucial. This knowledge helps protect your legal rights and ensures your well-being. If you are unable to take these steps yourself, a trusted family member or friend can assist.

Ensuring Safety and Medical Attention

The importance of safety and immediate medical attention after a motorcycle accident cannot be overstated. Immediate aid may be needed to preserve life. Wyly & Cook sponsors scene management classes to teach riders how to provide immediate first aid and help secure or stabilize injured riders until professional medical assistance can arrive. We urge every rider to take such a class. 

Once medical assistance arrives, it is important for all injured riders to seek reasonable care. Severe injuries may not be immediately apparent, making it crucial to get a thorough medical check-up even if a person has only minor pain after a crash. Riders who may have suffered a blow to the head may be confused and refuse medical treatment, yet it is critical that they be evaluated to ensure they are not suffering life-threatening injuries. 

Even once the scene is cleared and injured riders have returned home (whether from the scene or a hospital ER) medical treatment may be required. Many orthopedic injuries require physical therapy or even surgical intervention. Brain injuries can require extensive occupational therapy to help an injured rider compensate for losses in function. Psychological injuries may require counseling, psychiatric medication, or specialized therapy to cope with.

Legally, documenting injuries and receiving all appropriate medical treatments is important for supporting injury claims. Waiting too long to seek treatment can give insurance companies an argument that you were not really hurt. Likewise, missing appointments or failing to comply with medical recommendations can hurt an injury case. Proving a person was injured is very difficult when there is inadequate medical documentation. 

Gathering Evidence at the Accident Scene

Gathering evidence at the accident scene can be a pivotal step in presenting a strong motorcycle accident claim. Photos of the accident scene, damage to the vehicles, and visible injuries are invaluable. Collecting witness contact information or even video statements can also provide valuable support for your claim. 

Immediate evidence collection is essential. Over time, evidence can deteriorate or become more challenging to obtain. Witnesses who leave the scene are extremely difficult to find again. Once the vehicles are moved, vital information about where they came to rest is lost. Vehicle damage is quickly repaired after a crash, and injuries begin healing immediately. Surveillance video from nearby cameras may be regularly deleted (sometimes in a time frame as short as one week). 

While the police investigate most crashes (and the resulting police reports are often critical evidence to support a case), it is best not to rely on the police alone. The police rarely, for example, seek to secure video of a crash from nearby businesses.

Reporting the Accident

Reporting the accident to law enforcement and your insurance company promptly is essential. An official police report creates a record of the incident, which is crucial for your motorcycle accident lawsuit. Notifying your insurance company is necessary for filing a claim and seeking compensation under your policy. Notifying the other driver’s carrier is also important, but care must be taken. The at-fault party’s insurer may try to get damaging admissions from you, such as that you are not seriously injured or that the crash may be somehow your fault. Like they say on TV, “anything you say can and will be used against you in a court of law.” Letting your lawyer speak to the at-fault insurer on your behalf is safer. 

And if you proceed without counsel, you should be cautious with early settlement offers from insurance companies, as they may not fully reflect your total damages. An experienced motorcycle accident lawyer can help navigate these negotiations to ensure you receive fair compensation.

Legal Process of Filing a Motorcycle Crash Lawsuit

The legal process of filing a motorcycle crash lawsuit involves several key steps, starting with consulting a qualified attorney. This process can be complex, requiring thorough documentation and a strategic approach to secure fair compensation.

Consulting with Wyly & Cook

Experienced motorcycle accident lawyers like Wyly & Cook can significantly enhance the chances of a favorable outcome. Their skill in navigating personal injury claims and familiarity with traffic laws are critical for proving fault and maximizing compensation.

Wyly & Cook effectively gather and present evidence, offering the legal support needed to strengthen your case. Choosing them can make all the difference in your motorcycle accident lawsuit.

Prosecuting the Lawsuit

Winning a motorcycle accident lawsuit ultimately requires submitting necessary evidence to persuade a jury that the rider was injured and the other driver was at fault. 

This formal process begins with the filing of the suit, which initiates the legal proceedings that will ultimately end in a trial. Additionally, filing suit often sets the stage for negotiations. 

During the suit, both sides will engage in discovery. That is the formal process of learning information about the crash, the injuries, and the other party. This process can include answering written questions, producing documents or things, allowing inspection of persons or property, and testifying under oath about the claim.

During discovery, the parties may involve expert witnesses to provide opinions about the matters at issue. One common example of an expert witness is a doctor who treats the injured rider, to testify about how the injuries were caused, treated, and what effects they have on the rider. 

During or after discovery, the parties can file various motions asking the court to rule on issues. These can include asking the court to order that matters withheld in discovery are disclosed, preventing an expert from testifying, or even to rule that there are no facts in dispute and one side is entitled to win the case without even needing a trial. 

An experienced personal injury lawyer is your guide through these processes. They ensure that all paperwork is correctly filed and deadlines are met, increasing the likelihood of a successful outcome.

Negotiating with Insurance Companies

Negotiating with insurance companies can be challenging, as adjusters often aim to minimize compensation payouts. Effective negotiation is critical for securing a fair settlement that truly reflects the extent of your damages.

A skilled attorney like Wyly & Cook can greatly improve negotiation outcomes. They understand the tactics used by insurance companies and can advocate on your behalf to ensure you receive the compensation you deserve.

Factors Influencing Motorcycle Crash Settlements

Several factors influence the amount and duration of motorcycle crash settlements. Understanding these factors can help set realistic expectations and prepare you for the legal process.

Severity of Injuries

The severity of serious injuries plays the dominant role in determining the settlement amount in motorcycle accident cases. Common severe injuries include traumatic brain injuries, spinal cord injuries, and multiple fractures. Settlements for severe injuries can reach into the millions of dollars. 

Thoroughly documenting injuries, including all medical treatments and bills is critical for motorcycle injury claims. This evidence supports the extent of your injuries and helps justify the settlement amount.

Liability and Fault Determination

Liability and fault determination also significantly influence motorcycle accident settlements.. Aggravating factors, like a driver who demonstrates callous disregard for the rules of the road, was drinking and driving, or has multiple prior felony convictions can increase the value of a case. On the other hand, partial fault on the injured rider can decrease what can ultimately be recovered and thus reduce the settlement value of the case. 

In multi-vehicle accidents, shared liability can make the determination of who is responsible for how much compensation complex. This complexity can influence the settlement process and the final amount awarded.

Available Insurance Coverage

While the availability of insurance coverage doesn’t affect a trial verdict in a case, it can govern the recoverable amount in motorcycle accident settlements. The limits of the available insurance policies often reflect the maximum amount that is available, even if a jury would easily award many times as much. That’s because many drivers do not have assets that could be collected from them in the event of a judgment. As a result, the available insurance may be all that can ever be collected.

That’s why every driver and rider can and should carry underinsured/underinsured motorist (UM/UIM) insurance on their own insurance policy. UM provides an additional source of recovery when the at-fault driver doesn’t have insurance, or their insurance is inadequate to fully compensate for the harms and losses caused.

Common Types of Damages Recovered

Victims of motorcycle accidents can recover various types of damages, depending on the nature and extent of their injuries. Understanding these damages is crucial for ensuring fair compensation.

Economic Damages

Economic damages cover quantifiable financial losses, such as medical expenses, lost wages, and property damage. Common medical expenses include hospital bills, rehabilitation costs, and future medical expenses related to the injuries.

Lost wages refer to the income a victim misses while recovering from their injuries, which can be included in economic damage claims. The extent of damage to the motorcycle and any related property also affects the total amount of economic damages that can be claimed.

Non-Economic Damages

Non-economic damages compensate for intangible losses, such as emotional distress or loss of enjoyment of life due to injuries. These damages are subjective and can vary significantly based on the individual circumstances of each case.

Punitive Damages

Punitive damages, known more commonly in Texas as exemplary damages, are awarded in cases of gross negligence or intentional misconduct by the at-fault party. These damages aim to penalize egregious behavior and deter others from committing similar acts. They are called “exemplary” because they are awarded to make an example of the bad actor and deter similar bad acts in the future. They are not always awarded but can significantly increase the total compensation in a motorcycle accident case. However, some insurance policies exclude coverage for punitive damages, so it can be important to decide whether to push a punitive damage claim if it is potentially not insured.

Duration of Motorcycle Crash Lawsuits

The duration of motorcycle crash lawsuits can vary widely. Some cases will settle shortly after the suit is filed. Others may need to go to trial. Depending on the severity of the injuries and the complexity of the other facts, it could take a year or more for a case to go to trial. Sometimes factors outside anyone’s control can make a case take longer. For example, in Harris County, Texas, flooding caused the courts to be shut down for a while, resulting in cases taking longer than normal, as cases that couldn’t be heard in the normal timeframe due to flooded courtrooms had to be addressed.

Pre-Lawsuit Negotiations

Pre-lawsuit negotiations are the attempts to reach a fair settlement without court involvement. Effective negotiations can often resolve the case more quickly, reducing the need for prolonged litigation. Often a pre-suit demand package will contain much of the evidence and information that will ultimately be offered at trial, so the insurer can see that the evidence has been gathered and the injured person’s lawyer can present the evidence effectively. 

Settlement or Trial Verdict

Hopefully, a case can be resolved through a settlement agreement after negotiations. Otherwise, the case may proceed to a trial verdict. Settlements usually result in immediate payment of the agreed amount. A verdict may result in some immediate payment, especially if there is insurance involved. However, it can also result in an appeal, which is an attempt to get the judgment changed by a higher court by arguing the trial court made a mistake. Once a judgment is final, the injured person can take efforts to collect on the judgment, including garnishing bank accounts or seizing assets for sale. However, there are limits on what collection efforts can be used and what items can be seized.

Hiring Wyly & Cook

Wyly & Cook can ease the settlement and litigation process for motorcycle accident victims. Their experience in handling personal injury claims, gathering evidence, and negotiating with insurance companies enhances the likelihood of a favorable outcome.

Wyly & Cook handle the complexities of the case, allowing victims to focus on their recovery. Wyly & Cook can make a substantial difference in your motorcycle accident lawsuit’s outcome.

Contingency Fee Arrangements

Wyly & Cook is pleased to offer their legal services to injured people, including motorcycle accident victims, on a contingency fee basis. This means that injured clients only pay attorney fees if and when Wyly & Cook makes a recovery on their behalf. As a result, an injured person doesn’t need to come up with a cash retainer to hire skilled trial attorneys like Wyly & Cook. The contingent fee also makes hiring experienced litigators like Wyly & Cook affordable to injured people without regard to their ability to pay. A contingent fee also reduces the financial risk for clients, because they will not have to pay any fee if the case doesn’t result in a recovery. Lastly, as the fee is a percentage of the recovery, the client will never pay a fee that exceeds the amount recovered on their behalf—which can easily occur when a lawyer bills by the hour of work performed.

Most importantly, contingency fee arrangements align the interests of the client and the attorney, motivating the lawyer to secure the best possible outcome. This arrangement provides peace of mind for clients, knowing that they will not incur legal expenses unless they receive compensation and that the lawyer has no incentive to run up expenses at the client’s expense.

Frequently Asked Questions

Why should I file a motorcycle crash lawsuit?

What are the key elements of a motorcycle crash lawsuit?

How long does a motorcycle crash lawsuit typically take?

What types of damages can I recover in a motorcycle accident settlement?

How does hiring Wyly & Cook benefit my motorcycle accident case?