Liability Issues With Motorcycle Accidents
In motorcycle accident cases, establishing liability is critical, as motorcyclists are often unfairly perceived as being at fault. Proving the other party’s negligence may require hiring an accident reconstructionist as well as thorough documentation of injuries such as fractures, road rash, head trauma, and soft tissue damage. Detailed medical records are essential for building a strong case.
Legal representation is highly recommended to handle the complexities of insurance claims and potential blame-shifting tactics by the at-fault party’s insurer. Without an experienced plaintiff’s attorney, you may find yourself on defense. To ensure fair compensation, be sure to consult with an experienced personal injury attorney immediately following a motorcycle accident.
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Damages—Medical Expenses
Lawyers work closely with medical professionals, experts, and other resources to ensure these damages are fully accounted for. The lawyer collects records as well as medical bill summaries for hospital stays, doctor visits, surgeries, therapy sessions, medications, and medical supplies. These are the foundation for calculating past costs.
If the plaintiff’s insurance paid for any portion of the treatment, those amounts are also documented to determine the total expenses and out-of-pocket costs. Every expense directly related to the injury—such as ambulance fees, diagnostic tests, and rehabilitation services—is included.
Lawyers consult with treating physicians and independent medical experts to understand the long-term prognosis, potential complications, and future treatment needs. For severe or permanent injuries, a life care planner may be hired to outline the expected medical care over the plaintiff’s lifetime, including surgeries, rehabilitation, or assistive devices like prosthetics or wheelchairs. This includes therapy, follow-up visits, prescription medications, and recurring medical needs.
Future medical expenses are adjusted for inflation to reflect the increasing cost of healthcare over time. For long-term care needs, the lawyer uses financial experts to calculate the present value of future expenses so that damages accurately reflect the required funds today.
If the injury necessitates modifications like wheelchair ramps or stairlifts, these costs are included. If travel expenses for specialized care or frequent medical appointments are needed, those costs will be considered. Additionally, if a family member or professional caregiver is required, this cost is also added to the damages.
EXPERTS USED FOR CALCULATING DAMAGES:
MEDICAL EXPERTS
ECONOMISTS
VOCATIONAL SPECIALISTS
ACTUARIES
FORENSIC ACCOUNTANTS
In most cases, you need experts to justify damages.
Damages—Wage Loss & Future Earnings
To determine wage loss and future earning capacity loss, personal injury attorneys collaborate with various experts who provide detailed evaluations and projections. These experts play a critical role in accurately calculating economic damages.
Vocational experts assess how an injury impacts a person’s ability to work in their current job or transition to a new role. They analyze the plaintiff’s skills, education, work history, and the physical or mental limitations caused by the injury. They also evaluate the availability of jobs the plaintiff might qualify for post-injury and estimate the potential income in those roles.
Contribution of Economists
Economists calculate the financial impact of lost wages and diminished earning capacity over the plaintiff’s lifetime. They consider factors such as current and future wages, Inflation rates, work-life expectancy, employee benefits (health insurance etc), and potential raises or promotions the plaintiff might have earned.
Medical experts provide critical input on the plaintiff’s injuries, recovery timeline, and long-term medical prognosis. They determine whether the plaintiff will face permanent disabilities that limit their ability to perform certain jobs or work full time.
Rehabilitation specialists focus on the plaintiff’s functional limitations and the types of accommodations or retraining needed for them to return to work. They provide insight into costs for retraining programs or assistive devices necessary for future employment.
Forensic accountants analyze the plaintiff’s financial records to assess actual wage loss and calculate past income discrepancies caused by the injury. They ensure all income, including bonuses, commissions, and secondary earnings, is accounted for in the claim.
Actuaries use statistical data to project life expectancy, career length, and the financial implications of the plaintiff’s injuries over time. This information helps quantify long-term losses.
The attorney collaborates with the plaintiff’s employer to obtain pay stubs, tax records, and employment verification to calculate wages lost due to the injury. Where the plaintiff cannot return to work, this will also help determine future earning capacity. Experts assess the plaintiff’s ability to earn income in light of their injury and provide detailed reports estimating the financial impact over the plaintiff’s remaining work-life expectancy.
Personal injury attorneys are paid based on contingency fees. Than means,
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Pain & Suffering And Other Non-Economic Damages
Non-economic damages in a personal injury case refer to compensation for intangible losses that don’t have a direct monetary value, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are highly subjective, so proving them requires a strategic approach involving evidence, testimony, and expert opinions.
Key factors in non-economic damages are severity of injuries, duration of suffering, permanent conditions, and how the injuries impact the plaintiff’s normal activities, work, and relationships. The extent and nature of the injuries, such as permanent disabilities, chronic pain, or scarring, play a significant role in determining non-economic damages. More severe injuries generally result in higher non-economic damage awards.
The length of time the plaintiff has endured and will continue to endure pain, emotional distress, or other effects is considered. Long-term or permanent conditions typically justify higher compensation. Additionally, loss of enjoyment of life or inability to perform daily tasks can increase non-economic damages.
Emotional and psychological impacts are also considered. For example, anxiety, depression, PTSD, or other mental health conditions stemming from the accident or injuries are relevant factors. The intensity and frequency of these experiences are taken into account.
How Do Attorneys Prove Non-Economic Damages
Like economic damages, experts are the key to proving non-economic damages. Doctors and mental health professionals can testify about the severity and long-term impact of injuries, pain levels, and emotional trauma. Psychological evaluations may demonstrate conditions like PTSD or depression.
The attorney may also present information from the plaintiff in various methods, such as “day in the life” videos, that illustrate firsthand accounts of the injury victim’s pain, emotional struggles, and changes in daily life to personalize the impact of the injuries. Family, friends, and coworkers may provide declarations or testify about how the plaintiff’s injuries have affected their behavior, mood, relationships, and quality of life.
The Demand
A Demand is a formal request made by an injured party (or their attorney) to the at-fault party’s insurance company, outlining the compensation sought for injuries and damages caused by an accident. It serves as the foundation for settlement negotiations and includes a detailed explanation of the claim.
The key elements include a detailed account of the incident, how the at-fault party caused the injury, and why they are legally liable. It also has a clear explanation of the injuries sustained, supported by medical records, doctors’ notes, and diagnostic tests.
The damages section will include a calculation of economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life).
To support the Demand, the attorney will want to include police/accident reports, photographs, witness statements, and expert opinions to support the claim. It may also reference applicable laws or precedents that demonstrate the at-fault party’s responsibility as well as specify a specific dollar amount the plaintiff believes is fair compensation for the injuries.
The demand created by your attorney will include a combination of these factors as they pertain to your particular damages. These factors, as well as many others, must be considered by the insurance companies when negotiating the claim and before making a settlement offer.
The demand letter kickstarts settlement negotiations by providing the insurance company with a clear understanding of the claim’s value. It often leads to back and-forth negotiations, with the goal of reaching a fair settlement without needing to file a lawsuit or go to trial.
With No legal fees upfront,
take the time for a case evaluation.
Contact us Today
(360) 792-1000
We do not handle nor offer case Evaluations for worker’s comp/ medical Malpractice, or most slip & fall claims.
Common Reasons For Motorcycle Accidents
Motorcycle accidents can happen for all types of reasons but it is more common to see certain fact patterns. Regardless of the reason, it is important to reach an experienced personal injury lawyer to avoid liability-shifting by the insurance companies. Depending on the fact pattern, the at-fault driver’s insurance may claim the motorcyclist is at fault or contributorily negligent.
Left-hand turns by other vehicles
A common motorcycle accident cause is cars making left-hand turns, as this leads to unavoidable collisions. A car usually strikes the motorcycle as it is going straight through an intersection. While this type of accident is common among cars, the motorcycle’s relatively smaller size makes it less visible for the turning driver. The at-fault driver may claim the motorcyclist sped up or did some sudden maneuver that did not allow the driver to avoid the collision and, therefore, the driver is not at fault.
Lane Splitting
Motorcycle lane splitting is a common cause of motorcycle accidents. It happens when a motorcycle drives in between two lanes of cars, typically when the vehicles are stopped or moving slowly due to a traffic jam. Lane splitting can be quite dangerous due to the motorcycle’s reduced maneuvering space, the proximity between the cars and the bike, and the unpredictability of lane splitting.
Lane splitting is illegal in Washington. There are some exceptions for passing slow or stalled traffic. Consequently, if the at-fault driver is inaccurately claiming that the injured motorcyclist was lane splitting, you need an experienced personal injury lawyer on your side to defend that allegation and preserve your rights to seek recovery.
Collisions With Fixed Objects
Around a quarter of motorcyclist deaths involve the driver colliding with a fixed object such as a concrete barrier, a post, or a building. Colliding with fixed objects is more dangerous for motorcycle drivers because they don’t have as much protection as drivers in cars. These accidents are often due to speed or reckless driving. However, where the cause is due to a defectively designed or maintained road, the injured motorcyclist may consider suing the state, county, municipal government or third party contractors.
Road Design Defect Claims
Motorcycle accidents can occur due to no fault of the rider or a driver. Where a road is designed or maintained poorly, the condition of the road can be so hazardous as to cause the accident. The key to these claims is liability—the defect design or maintenance must be the direct cause of the accident.
When a motorcyclist hits an unprepared pothole, steep drop off, or a road that does not have proper drainage, simply driving the speed limit and with reasonable care is not enough to avoid a catastrophic accident. Roads are not required to be in perfect condition at all times but there are standards that must be maintained on public roadways.
If you believe an unsafe road condition, improper design, or lack of maintenance directly caused your accident and injuries, consult an experienced personal injury attorney. Handling road defect cases is incredibly complex, and statutes require filing notice within strict timelines. Of all personal injury cases, road defect can be one of the most complex so do not try to initiate one of these claims without the experience of a lawyer.
To learn more, read our blog regarding Road Design Defect claims.
Avoiding the Costly Mistake of a “Gap in Treatment”
After motorcycle accidents, delaying medical care—known as a “gap in treatment”—can severely harm your case. Insurance adjusters often use delays to undervalue your injuries and reduce compensation. Watch this video to understand why timely care is crucial for protecting your claim and ensuring fair recovery.
Document, Document, Document—Evidence For Liability & Damages
The most important thing that you can do after a motorcycle accident is collect evidence. This starts with the police or state patrol but you can’t rely entirely on them. Your lawyer will reach out to witnesses, collect statements, and determine if there are nearby homes or businesses with camera footage. It is important to have photos of the scene as well as photos of your damaged bike. Do not get rid of any evidence, including your clothing, helmet, and bike. Your attorney will assist with this process and present the evidence so the insurance company can not dispute fault.
Frequently Asked Questions
Always contact a lawyer. Even if you decide you don’t want to hire a personal injury lawyer, you should be informed of the process that is about to take over your life. It is important to know the tricks that significantly reduce your chances of a positive outcome and could even leave you owing money for the negligence of another.
Yes, an accident report is very important for establishing liability. It does not rule out challenges that the at-fault driver’s insurance may assert regarding liability or allocation of fault but it serves as strong evidence for liability disputes. If you were in an accident and law enforcement did not come to the scene, you can still file a report at Washington State Patrol’s website.
In most cases, law enforcement will come to the scene of an accident and conduct an investigation, make observations, collect witness information, and generate an accident report. Depending on the injuries sustained, the officer will ask the parties to make statements about the accident. This can be a bit tricky. If you are in shock or sustained a concussion, you might not be in the best situation to make accurate statements. Even stating, “I’m sorry” conveyed in compassion that you and the other party are in a terrible situation, can later be used to assert that you meant the statement as an apology for fault. It is always best to avoid any discussion of fault or making any statements that could be used to insinuate acceptance of fault.
Depending on the severity of the injuries, the report should be available via the Washington State Patrol website shortly after the accident. It may take several days or weeks before the officer files the report. If you hire Witt Law Group, we can pull the collision report and any additional information from local law enforcement who may have arrived on scene. Additionally, we will contact the witnesses on your behalf.
If you are coherent and able to speak with witnesses, you can ask them to take video and pictures of the scene. They should also try to gather as many names and phone numbers of people who witnessed the accident. If you could not take photos of the scene, your attorney might still get video from nearby homes or businesses. While officers should collect witness names, numbers, and photos, chaotic scenes like rush hour can lead to missed details or fleeing witnesses. It is always best to have more evidence to establish who is the at-fault party. In the absence of clear evidence, insurance companies often try to shift the blame to you.
Be very careful about this decision. Whether you are informed or not, you are held to the same standard as a lawyer when it comes to knowing the law on subrogation. This means that you are likely required to pay back all money that was paid on your behalf for care. If you were taken to the hospital by ambulance, it may take months to receive the resulting bills. Accepting a $5,000 settlement when your medical bills total $10,000 means you must cover the extra $5,000 yourself. Once you settle, you cannot request more money from the insurance company, even if new bills appear later.
Chaos with medical bills and collection is one of the most common reasons new clients contact us. The problem is that the “order of operations” on paying medical providers is very tricky. Believe it or not, the at-fault driver’s insurance is NOT paying your medical bills while you are treating.
At the end of your case, following a settlement or jury award, your attorney will “pay back” the medical providers’ liens as well as L&I, Medicare, or any other medical insurance liens, or PIP (this process is often referred to as subrogation). Until the case settles, there are several options for avoiding being sent to collections that you can discuss with your lawyer.
One of the first steps to avoid being sent to collections is to provide the correct insurance policies to your medical team. For example, if you have PIP, you want to provide that policy information immediately to your medical provider because PIP must be exhausted before your medical insurance or Medicare/Medicaid can begin paying your bills during the duration of the case. If you make this mistake, all billing will have to be reimbursed and re-billed in the proper order. Do not try to handle this process alone. Most often, injury victims will injure their credit in the process.
Pain and suffering is the most obvious claim for damages but that category covers a lot of things. It can include all the ways in which your pain impacted your previously normal life. Perhaps you can no longer be intimate with your partner due to neck or back pain and you can’t lift your young children. Perhaps you missed out on a family vacation to Disneyland because you are no longer able to join in on rides. There are many short and long term consequences to living with pain that may fall under this category.
Medical expenses is the category that scares people the most. If you were in a car accident and went right to the emergency department to be checked out, you are likely looking at $3,000-$7,000 in bills depending on how many X-rays or other imaging was ordered. If you went via ambulance, you can add another thousand to that total. Medical bills quickly add up. If you include follow-up care like chiropractic or physical therapy, you could be looking at $10,000 more in bills. Contrary to popular belief, the insurance company does not just pay 3x medical and the more you rack up in bills does not equate to a higher settlement.
Reasonable Medical Care and Subrogation
Medical care must be within reason and, if you go over the reasonable medical care for your type of injury, it is likely you will be paying out of your own pocket. There are a lot of moving parts after an accident and it is critical that you understand what the reasonable limits are on certain injuries and how subrogation (pay back) works for your unique case. We will need to know whether you have medical insurance, PIP, UM/UIM, and determine all sources of insurance so that we can give you advice on how your case might resolve financially. If you would like to know more about PIP benefits, check out our PIP link.
Lost wages and loss of opportunity for advancement, bonuses, and other compensation are all common losses that occur after an accident. Most people handling their own case fail to maximize this aspect of their claim. If you had to leave work to attend physical therapy or spend long hours on the road to get to your medical provider, you can also claim medical travel and treatment time. Don’t miss out on being compensated for your time.
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This can happen at other firms. At Witt Law Group, we have never accepted more compensation than our clients receive. We will literally move our money to your column if it looks like a settlement will be unfair. Good luck trying to get another firm to put that in writing.
If you want to know how personal injury attorneys get paid, check out our Fees link. It is your injury and your settlement so it makes sense that you want to know if you will come out ahead. On some small accidents, the settlement may not be large and it’s important to know that you will be the priority in terms of physical and financial recovery.
Lawyers who help accident victims understand Tort law. This area of law is extremely broad but it essentially covers wrongs or injuries done to an innocent person. There are unique elements of each claim but the lawyer has to address each case with consideration for the duty, the breach of duty, causation, and injury.
The most common sticking point in most personal injury cases is causation. The at-fault party’s insurance may deny fault, argue contributory fault, or claim the injuries are unrelated to the accident. Even when an officer provides an accident report, the adjuster may dispute the facts or present irrelevant theories. If the adjuster refuses to cooperate, the attorney may need to file a lawsuit.
Every client has a story to tell. We want to tell yours.
No accident is the same and, therefore, the impact to your life is unique. The details of that impact might unfold immediately or it may take some time to discover just how much you have lost. We will work patiently with you so that we capture your authentic story. Whether you lose your ability to make a living or need long-term care, one thing is for sure, your life will change after an accident. It is important that you have passionate advocates fighting for you.
The insurance companies report billions in profits every year because their job is to report to shareholders. To be successful in this endeavor, they must pay the least amount of money to accident victims. Profit is the bottom line. You can help their shareholders or you can let us look out for your future.
Personal injury accidents are personal for the attorneys at Witt Law Group. We handle the stress of dealing with insurance adjusters, investigations, and managing medical bills and ledgers. Your job is to heal, while ours is to secure the best settlement or jury award for your pain, injuries, and inconvenience.
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