Motorcycle Accidents

Statistically, motorcycle accidents are more severe than auto accidents. For each mile driven, a motorcycle fatality occurs 29 times more frequently than a passenger car fatality. In 2015, there were 4,976 deaths from motorcycle accidents. In that same year, there were approximately 88,000 motorcyclists injured (National Highway Traffic Safety Administration).

Damages & Liability

When managing a motorcycle accident personal injury case, there are two key factors to consider. First, you must establish liability. Second, damages must be established. As far as liability, a motorcycle accident is generally handled in the same manner as an auto accident. However, motorcycle accidents are often subject to “blame shifting” by the at-fault party’s insurance company. Motorcyclists are perceived to travel faster and do more lane changes than a passenger vehicle. Insurance companies often use this perception to shift fault. Additionally, these cases often have larger damages and greater resistance by insurance.

Document, Document, Document

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. If you are able, talk to witnesses and collect their statements and contact information. Determine if there are nearby homes or businesses with security cameras. You can take photos of the scene and photos of your damaged bike. The goal is to collect evidence that establishes the other party was at fault. Your attorney will assist with this process and present the evidence so the insurance company can not dispute fault.

Once liability is established, damages are determined by evaluating property damage as well as medical expenses. There are additional damages that pertain to employment and relationships. This is a list of factors to consider when establishing damages. However, it is in no way an exhaustive list.

  • Cost of repair or replacement of the motorcycle
  • Medical bills—past, present, and future care
  • Loss of employment
  • Pain and suffering
  • Lost of consortium (loss of interaction with those you love)
  • Cost of speech therapy or other therapies due to brain injury
  • Cost of training for a new career

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 making a settlement offer. For this reason, it is critical that damages are accurately documented. When discussing your case with one of our attorneys, be sure to describe in great detail how the accident has impacted all areas of your life. Every situation is unique and it is important that we understand how your life has changed.