Because motorcycles share the roads with other motor vehicles, they also must deal with the same risks. But because of the unique characteristics of motorcycles, certain types of accidents may occur more frequently, and oftentimes with far greater consequences. According to the Department of Transportation’s groundbreaking Hurt Report, 98% of multi-vehicle accidents involving a motorcycle result in injury, with 45% resulting in serious injuries.
Injury Smart Law accepts personal injury cases on a contingency basis, meaning there are no out-of-pocket costs to retain one of our motorcycle accident attorneys. We are paid a percentage of the damages you recover. If we don’t win, we don’t get paid. But our first concern is never getting paid, but rather ensuring that you get the best legal representation possible.
Who May Be Held Liable?
Depending on the circumstances of your motorcycle accident, you may be able to hold the driver, the driver’s employer, and your bike’s manufacturer, and even a property owner liable for your accident.
The defendant must be legally obligated to behave in a certain way with regards to the motorcycle rider. In almost all circumstances, the driver of a vehicle is obligated to show reasonable care when sharing the road with motorcyclists and other vehicles.
Breach of Duty
Once the legal duty has been established, it must be shown that the other driver failed to fulfill that duty to show reasonable care while driving. For instance, if it is shown that they exceeded the legal speed limit, this is a demonstration of a breach of duty, as the driver carelessly or recklessly broke the law.
Proof of Damages
The motorcyclist must be able to show that the accident harmed them in some legally relevant way – they were injured, their property was damaged, and/or they incurred financial losses (via medical bills, time off from work, etc.).
After establishing the damages, it must be shown that the defendant caused those damages. This is typically done by showing that if the defendant had not acted in a certain way, that the accident and resulting consequences would not have occurred (e.g., If the driver had not sped and lost control of their car, they would not have hit the motorcyclist). Alternatively, if road conditions were the cause, you must be able to show that a failure to maintain the road was responsible for the accident (e.g., potholes that have gone for months without repair, despite constant reports from the victim or other drivers.)
Lastly, it must be shown that the consequences of the defendant’s actions could have been anticipated. For instance, it could have readily been foreseen that speeding or driving recklessly could potentially result in an accident.
Why You Need A Motorcycle Accident Attorney
Motorcyclists have the same right to the road as other drivers. Unfortunately, motorcycle riders are often considered risk-takers who place themselves in danger, a stereotype that persists even when they are not at fault for their accidents. It affects the perception others have on the road, and even inside the courtroom before a jury.
In addition to this, insurance companies often play off this stereotype when working on motorcycle accident claims. Insurance adjusters are trained to look for anything that could be used to limit their pay out for an accident. They will try to use the riders own social media profiles against them, looking for contradictory statements or photos to prove that their injuries were not as severe as reported. They may even try to use lane splitting as cause to limit a settlement or insurance pay out.
The motorcycle accident attorneys at Injury Smart Law are familiar with the various tactics used by insurance companies. We can counsel you on how to respond to questions from opposing attorneys or insurers. Our extensive experience with motorcycle accident cases means that we know how to gather the evidence necessary to prove your claims in court. We even work with independent experts, in order to accurately recreate your accident, and challenge any counterclaims made by defendants.
If you are a motorcycle victim, or the family of a victim, contact Injury Smart Law to set up a free consultation today. 1-886-934-1237.
Personal Injury Compensation for a Motorcycle Accident
If you or a loved one has been involved in a motorcycle accident in Utah, you may be struggling with everything from high medical bills to loss of mobility in the aftermath. Although it’s impossible to go back in time to prevent the accident from occurring, you can still take steps to ensure you receive any damages you deserve.
That involves coordinating with an experienced personal injury attorney. Because motorcycle accident laws vary from one state to another, you need to work with professionals who understand how to build a case. If you or someone you love has suffered as a result of a motorcycle accident, contact the Injury Smart Law today to learn what steps you should take next.
Contacting a Motorcycle Accident Lawyer
Motorcycle riders are more likely than other drivers to sustain major injuries when accidents occur. That’s simply due to the fact that they aren’t protected by the exterior of their vehicles. Without that extra protection, they can experience greater harm than another driver in an accident.
This is a major reason why it’s important to contact a personal injury lawyer if you’ve been involved in this type of incident. Having a professional on your side is key to addressing the financial and emotional consequences of a motorcycle accident. You need help from an expert who understands how to determine negligence in a case like yours. Because motorcycle accidents can differ from other auto accidents, you need to work with a motorcycle accident lawyer who specializes in these cases.
Discussing Your Case with a Personal Injury Attorney
In the immediate aftermath of your accident, the most important thing to do is make sure you receive medical attention for any injuries you may have sustained. You should also take all steps necessary to safely move away from other vehicles on the road.
Ideally, the other driver involved in the accident will remain on the scene. However, even if the other driver left the scene, it’s still important to call the police. Doing so is key to preparing for your consultation with an Injury Smart Law motorcycle accident attorney. Having an objective party at the scene to document it simply helps you build a stronger case. That said, if your injuries don’t prevent you from doing so, you should also take pictures and write down your own memories of the incident. Bring these, along with relevant medical records and insurance policies, when you first meet with Injury Smart Law for a consultation.
Getting Motorcycle Accident Help
Again, drivers who cause motorcycle accidents don’t always remain on the scene. When that happens, you need to get a motorcycle accident help from a professional attorney. They’ll work with the police to determine the status of the investigation into the identity of the other driver, while also leveraging their own resources to ensure the accident is investigated thoroughly.
Even if the other driver did remain at the scene, you still need motorcycle accident help from a qualified attorney at Injury Smart Law who understands how to prove negligence. Because many factors can contribute to a motorcycle accident, determining who is at fault is often a complicated process. Attorneys will review all documentation, interview witnesses, and coordinate with law enforcement (and any other necessary parties or agencies) to help you build the strongest case possible.
The Consequences of a Motorcycle Accident Injury
Remember, because motorcycle riders are less protected on the road, the physical consequences of a motorcycle accident injury can be substantial. Working with an attorney boosts your odds of getting proper compensation for any medical bills you may incur in the aftermath of the accident.
However, that’s not the only type of damages you may be eligible for. After all, a motorcycle accident injury can have a major impact on your quality of life. Maybe your injury has resulted in limited mobility. This may prevent you from working. It could even prevent you from being able to independently perform basic daily tasks. This results in an emotional toll on top of your physical injuries. In some cases, you may also receive damages to address such consequences as well.
Calculating a Motorcycle Accident Settlement
You may clearly understand the financial, physical, and emotional consequences you’ve experienced as the result of a motorcycle accident. That doesn’t mean you have the experience necessary to prove you deserve a certain amount of compensation. Calculating a motorcycle accident settlement involves evaluating many factors. You’re much more likely to get the best possible outcome if you work with attorneys who understand these cases thoroughly.
At Injury Smart Law, that’s exactly the kind of expertise we offer. If we decide to represent you, we’ll work hard to ensure you receive a proper motorcycle accident settlement. Contact us at 1-435-688-1919 today to schedule a Free Consultation.