All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.
What Does a Motorcycle Accident Lawyer Do?
After a crash, a motorcycle accident attorney will listen to your story and work to secure the compensation you need to pay your medical bills, fill your prescriptions, and move on with your life.
If you’ve been involved in a devastating motorcycle accident that’s left you in pain, with medical bills piling up, and an insurance company harassing you at every turn, a motorcycle accident lawyer can help you recover solid compensation.
A motorcycle accident has the potential to upend your life. The impact it may have on your mental, physical, and emotional state is no joke. The worry you’re feeling may become more intense when you add the stressors of missing work, paying medical bills, missing time with your loved ones, and fighting off insurance companies. But we believe you shouldn’t have to face these companies alone. A lawyer will take on the legal worries for you so that you can focus on healing instead.
Before an attorney even gets involved, you should seek medical attention to limit the possibility of injury complications. Your health is, first and foremost, what matters. After, it’s time to find a motorcycle crash lawyer who has your best interest at heart and the legal skills to win.
Why Should I Obtain an Attorney?
Help from an attorney will ease the pressures of daily logistics that come from the aftermath of an accident. They can do this by:
- Gathering evidence like police reports, medical records, and witness testimonies
- Establishing who was liable and the total value of damages that occurred
- Handling all negotiations with your insurance company and any others involved
- Filing a lawsuit on your behalf if all other methods fail
The sooner you obtain legal representation, the better the chances are that we’ll be able to preserve the critical evidence necessary to build an unshakeable case. Plus, the sooner you get legal help, the sooner you won’t have to worry about dealing with the hassle of the other parties.
Medical bills can quickly pile up. One of our motorcycle accident attorneys will handle all insurance and legal concerns to help bring a strong case on your behalf. We’ll be with you every step of the way to ensure your right to maximum compensation is protected.
Call our offices today to speak directly with an attorney and schedule your free consultation.
When Should You Get a Lawyer for a Motorcycle Accident?
Any kind of motorcycle accident is stressful and disorienting. Working with an experienced, highly knowledgeable motorcycle accident lawyer will provide you with priceless support just when you need it most. An attorney is highly recommended when:
- Multiple parties are involved
- A settlement can’t be reached
- Liability between you and other involved parties is unclear or disputed
- Severe injuries or wrongful death occurs
- The other party’s representation uses unethical tactics to invalidate your claim
- You need legal assistance for hearings, depositions, and court proceedings
- Insurance companies refuse to offer fair compensation
According to the National Highway Traffic Safety Administration for Motorcycle Safety (NHTSA), bikers are four times more likely to be injured in a crash and 28 times more likely to die than other motorists. Why is that? Because they have significantly less protection than drivers of other motor vehicles. Motorcycle riders accounted for 14% of all traffic fatalities in 2022. Even though state and federal lawmakers do their best to enforce safety measures, accidents still happen.
When thinking about when you should get a lawyer for a motorcycle accident, consider this: How can you prove the other driver(s) were at fault? Have you been experiencing trouble with their insurance company? Is there any reason to think why the alleged at-fault party may not be the sole cause of the crash? An attorney’s assistance is highly valuable in any of the above-illustrated circumstances, especially if severe injuries are involved.
While the EMTs will do their best to assess you for injuries, not all are visible to the naked eye, and these are the most dangerous. Internal injuries such as traumatic brain injuries (TBIs) and spinal cord injuries are severe and can lead to permanent disability. Even injuries that aren’t as big of a cause for concern, such as a sore neck or back, can cause problems further down the road if not taken care of properly when the injury first occurs. Delaying medical care after an accident is not a good idea. In some instances, receiving immediate care could mean the difference between life and death.
The most common injuries sustained in a motorcycle collision are:
- Dislocations
- Internal hemorrhaging
- Skull fractures
- Bone fractures
- Broken noses, jaws, and cheekbones
- Neck or back injuries
- Broken hands, wrists, and arms
- Eye injuries
- Internal organ injuries
- TBIs
- Soft tissue sprains, strains, and tears
A motorcycle crash lawyer will work hard to achieve the maximum compensation necessary to pay your medical bills, fill your prescriptions, and make up for lost wages that resulted from the crash—having legal representation to fight for you in court while you’re in pain will give you peace of mind.
How Can a Motorcycle Accident Lawyer Help?
A motorcycle accident attorney will work to prove the other parties involved in your case were negligent. Driving recklessly or negligently could look like speeding, ignoring traffic signals, driving under the influence, fatigued driving, tailgating, or more. Other negligent actions that could have caused the accident include:
- Failure to stop at a posted sign
- Driving poorly in bad road conditions
- Distracted driving
- Driving with equipment you know is defective
- Inexperience and lack of attention
- Aggressive driving
- Driving under the influence
- Failure to follow rules of the road
- Following too closely
- Failure to Yield
- And failing to adequately check the surroundings before pulling in or out
Though proving negligence can be challenging, your attorney will thoroughly investigate eachvery angle of the crash to determine what happened leading up to the accident and who was at fault. Doing so includes obtaining police reports and photographic evidence, contacting the police officer on the scene, analyzing property damage, talking with witnesses who saw the accident, and reviewing cameras that faced the scene.
A motorcycle crash lawyer will also work to recover compensation for you. Compensation can include economic and non-economic damages such as:
- Medical Bills. Expenses include hospital stays, doctor’s visits, surgery, physical therapy, prescription medication, medical equipment, and more. One trip to the hospital could mean a hospital bill, an ER physician bill and a radiology bill.
- Loss of Income. This includes any income you could not collect while not working due to your injuries or any changes to your income since the collision occurred. Insurance companies like to see doctor notes excusing people from work duties so its important to speak with your medical practitioners about your work status and how your injuries have impacted your ability to work, as well.
- Property Damage. This includes any damage to your bike, repair or replacement costs, and damage to your clothes, helmet, or other property. Car seats that have been in collisions can also be claimed under property damages.
- Pain and Suffering. Pain and suffering includes physical pain, emotional distress, mental anguish, and a loss of enjoyment of life caused by your injuries.
- Wrongful Death. This compensation may cover up to the full value of the loss of life of a loved one in many instances. For example, loss of income the deceased may have earned in his or her lifetime if they were not killed in the crash may be considered. Who can bring the claim is dependent on the state where the crash occurred.
In the days following the accident, a motorcycle accident attorney will listen closely as you describe the events leading up to the crash. After hearing your story, we’ll gather evidence, offer you our advice on how to move forward, handle the insurance companies and others involved, and last but not least– diligently pursue compensation so that you can begin to focus on healing.
An Attorney Can Help You Navigate Biker Bias
All you wanted to do was enjoy a nice, relaxing bike ride. Instead, you’ve ended up hospitalized. More than likely, the other involved parties’ representation will attempt to place the blame on you, characterizing you as a reckless daredevil who didn’t pay attention to the road. This is what we call “biker bias.” Even though biker bias is nothing more than a harmful stereotype, it could cause problems in your case.
There are a few main ways biker bias can work against you in court. One, the insurance adjuster and jury could automatically assume you were at fault by driving dangerously, even if you were actually going below the speed limit. Two, you could be offered less compensation than you deserve just because you ride a bike. They’ll try to shift the blame on you to reduce what they have to pay. And three, if the case is presented to a jury who fall for the aforementioned stereotypes, you won’t have a fair shot at a trial that’s reflective of the facts.
Motorcycle accident lawyers know that in reality, many bikers prioritize safe driving for themselves, and others they encounter while out for a cruise. According to the NHTSA, most motorcycle crashes occur when the bike is traveling at less than 30 mph and only .1% of accidents involve speeds over 85 mph. That’s why we push back against this harmful bias. Insurance adjusters have a bag of tricks they’ll try to use to get you to accept an insultingly low settlement. This includes:
- Appearing friendly and sympathetic
- Blaming you for all or partially for the crash
- Denying coverage for injuries that surface later on
- Playing on existing biases with the jury (ie; bikers are reckless, more prone to injury, and are likely at fault)
- Downplaying the severity of your injuries
We won’t let anyone undervalue your claim and will work to get you what you deserve. By gathering evidence that proves you weren’t at fault, challenging assumptions, working with reconstruction experts, and educating the journey on biases, we’ll present a case that they opposition will have a hard time beating.
Types of Motorcycle Accidents
According to Forbes Advisor, 34% of motorcycle fatalities involve speeding, and states without motorcycle helmet laws have the highest death rate. Though the reasons you need a motorcycle accident lawyer may vary, our attorneys will always work aggressively to defend you. Our roster of lawyers have been defending victims of all types of motorcycle accidents for decades.
Head-On Collisions
Head-on motorcycle collisions happen when a car strikes a motorcycle directly in the front. These collisions are the most deadly ands, depending on the speed, the biker could be crushed or thrown through the air.
Lane Splitting Accidents
This happens when a motorcyclist is between two lanes of stopped or slow-moving vehicles. Accidents like this occur due to the proximity of the car and the motorcycle, the reduced space the motorcycle has to maneuver, and vehicles not anticipating someone passing them. Keep in mind that lane-splitting legality depends on the state.
Left Turn Accidents
Left-turn accidents are the most dangerous kind of accident for motorcyclists. They usually occur when a car strikes a motorcycle going straight through an intersection or passing.
Merging Accidents
Merging accidents happen when a car merges into the motorcyclist’s lane without realizing they are there. As motorcycles are easily obstructed in the blind spots of a driver’s car, this is a common type of accident.
Blindspot Accidents
When riders find themselves in places where drivers of bigger vehicles can’t see them, accidents occur and can result in painful injuries. Blind spots happen because a driver can’t see a spot using their eyes or mirrors.
How to Find A Reputable Motorcycle Accident Lawyer
In the days following your accident, you will ask, “How do I find a suitable motorcycle accident lawyer?” We understand that the task can seem daunting. After all, you want an attorney you feel you can trust and that actually cares about your case’s outcome. To find an attorney that’s right for you, follow a few simple suggestions.
- Word-of-mouth recommendations
The best place to start is always by asking around to trusted sources, such as friends, family, or coworkers you know who have experienced a motorcycle accident requiring a lawyer’s assistance. Ask about their overall experience with the attorney they worked with, if they were satisfied with how the case was resolved, and if they would recommend them. - Do online research.
Before reaching out to set up a consultation, do a little digging online to see what you can find. Online reviews will give you a chance to see what others are saying about various motorcycle accident firms and individual attorneys. You can see just how long a particular firm has been in business. Is it a new firm or one that has been in practice for decades? It’s also an easy way to compare multiple firms at once by their experience, specializations, or other offered services. - Contact a lawyer you know.
If you know an attorney, asking them for advice or recommendations could be highly beneficial. Most lawyers will have a network covering various practice fields, which could give you a foot in the door. - Check with the State Bar.
Your state’s Bar Association may have information on hand that helps determine which attorney to use. You can also find contact information for individual lawyers this way. - Confirm they work on a contingency basis.
Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if they can win your case. When this happens, their legal fees are taken out of the total recovery, which is ideal for victims as you aren’t at risk of paying a losing attorney.
If you’ve followed all of these steps and are still unsure which motorcycle crash lawyer you’d like to work with, that’s okay. There are many choices out there, a great deal of which have solid track records. You want to select a firm with an expansive list of attorneys specializing in various areas, like motorcycle accidents. While any personal injury firm could take on your case, choosing one with a lawyer who knows the complexities of motorcycle accidents inside and out will give you the best chance at securing maximum compensation.
To find out which firms offer specialized attorneys, do online research and schedule a consultation during which you can ask specific questions. From there, make sure the attorney you’ve been assigned has a good reputation among former clients (and colleagues) and can show you their extensive experience in motorcycle accident cases.
When you’ve been injured by no fault of your own, the last thing you want to worry about is if your representation is too green around the gills to hold their own in court. Always remember to ask how long they’ve been practicing law. Ideally, your motorcycle accident lawyer should be able to provide references to past clients who had cases similar to yours and that they won to demonstrate their abilities.
Come prepared for the consultation with questions, and don’t be afraid to ask them to explain something if you’re unsure. Use this time with the attorney to get to know them and verify that they’re a good fit for you, and vice versa. It’s essential you feel comfortable with your attorney so that you feel that you are on the same page. You should leave the consultation feeling confident in their skills and that you’re in good hands.
Montlick Law. Winning Cases and Maximizing Settlements for 40 Years.
If you’ve been the victim of a motorcycle accident, contact Montlick to set up a free consultation today. Our team of skilled attorneys will apply years of experience and valuable knowledge that spans many areas to fight for you and ensure you receive maximum compensation. Work with a motorcycle crash lawyer that you can count on to keep your stress levels low, minimize frustration, and build a way to move forward. Work with Montlick.
Montlick’s team of nationwide injury lawyers has been handling difficult insurance companies and shady opposition lawyers for decades. We pride ourselves on protecting victims’ rights and providing them compassionate representation. Don’t let a motorcycle accident derail your future. Call us today for help with your case.
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At Montlick, we believe comprehensive legal representation is a right, not a privilege. That’s why we provide our services on a contingency fee basis. You only pay when we win.