Motorcycle deaths have steadily increased over the years. Investigations reveal a combination of the dangers of poor driving behavior paired with a mode of transportation that naturally exposes drivers to more harm than cars and trucks.
Motorcyclists who experience a sharp blow to the head or experience a hard landing are fortunate if they only suffer minor injuries. However, it is more common for accidents to result in severe disfigurement, disability, burns, paralysis, and sometimes death. Motorcycle wreck victims might suffer from physical and mental impairment, ongoing pain and mental anguish, strained intimate relationships, financial challenges, ongoing medical expenses, and many other challenges that seriously compromise their quality of life.
We know there are many obstacles to overcome after a motorcycle accident. A motorcycle accident lawyer with Constant Legal Group can help you take legal action which, if successful, can take one more thing off your plate: the never-ending financial burden of dealing with a long-term injury.
Common Causes of Motorcycle Accidents
Certain driving choices and conditions lead to motorcycle accidents and injuries. Drunk and impaired driving, reckless and distracted driving, and dangerous road conditions could pose threats while on the road.
A personal injury lawyer can help you pursue compensation after a traumatic motorcycle accident disrupts your life.
Speeding
According to the Air Force Safety Center, poor driving behavior, like reckless or excessive speeding, is responsible for 34% of all fatal motorcycle crashes—a higher percentage than large and light trucks and cars.
Impaired Driving
Drivers under the influence of drugs, alcohol, or both are a danger to all on the road, including cyclists. Drunk drivers can strike a motorcycle at high speeds or make a wrong turn, resulting in critical harm or a fatal crash.
Distracted Driving
Distracted or inattentive driving is the cause of many accidents, including motorcycle accidents. Distracted driving can include looking at a cell phone, eating while driving, or other disrupted driving that takes attention away from the road. Distracted drivers can unexpectedly hit motorcyclists and cause a severe accident.
Lane Splitting
Lane splitting is illegal in most states except for California. Lane splitting is when motorcyclists drive between clearly marked lanes or rows of slow-moving or stopped traffic.
Other drivers can strike a motorcyclist as they make a lane change. If the car driver doesn’t see the motorbike, a multi-car accident could be imminent.
Collisions
More motorcycle collisions happen with a fixed object rather than a moving one. The National Highway Traffic Safety Administration cites that 1/3 of motorcycle deaths occur at intersections after colliding with a car or another two-door or more vehicle.
How Many Motorcycle Accidents Happen Each Year?
Motorcycle riders are more prone to accidents, and fatalities are 30 times more likely than other modes of transportation. Every year, there are nearly 90,000 motorcycle accidents across the United States.
Based on registered motorcyclists, just over one percent of them will be involved in severe accidents. Of those reported, more than 5,000 will be fatal accidents or catastrophic injuries.
Common Motorcycle Accident Injuries
Motorcycle riders do not have the same protection as other drivers on the road, so injuries are more serious and often deadly. Brain injuries impact about 54% of motorcyclists. This injury type is responsible for more deaths and disabilities than spinal cord injuries.
Collisions caused by lane switching, other vehicles making a left turn, or crashes due to hazardous road conditions can lead to some of these common motorcycle accident injuries:
Spinal Cord Injuries
Spinal cord injuries are 400 times more likely to happen to motorcycle riders than other drivers. Spinal cord injuries can cause limb paralysis like tetraplegia or quadriplegia or target specific areas like the lower body, resulting in paraplegia.
Traumatic Brain Injuries
Head injuries impact motorcyclists after a serious accident and can force a driver to slip into a coma for days, weeks, or months. Traumatic brain injuries are one of the most common accident injuries. TBIs can lead to impaired motor function, causing an individual to struggle with basic functions.
Head Injuries
A direct blow to the head or any sudden movement after a collision can cause concussions. Concussions can cause temporary or permanent damage. Healing and recovery can last from a few weeks to months or years.
Skin Rash and Burns
Road rash and burns happen when a motorcyclist hits the pavement at high speeds. These usually happen simultaneously with other injuries and wounds. Treating road rash can be complicated and costly depending on the severity, as debris must be removed before treatment, like stitches or surgery.
Internal Injuries
The force of a motorcycle crash can be so great it can damage a rider’s internal organs and cause internal bleeding, sometimes without the victim knowing.
Catastrophic internal injuries can surface immediately or take a longer time to present. Damaged veins or arteries and blood leaks that impact other areas of the body are of particular concern.
Soft Tissue Injuries
A motorcycle crash can harm soft tissue like muscles, tendons, and ligaments. Swelling, bruising, and pain can be minor or last weeks and months, and nerve damage is a possibility as well. These injuries can prevent a person from engaging in daily activities or their job.
Broken Bones
Fractured and broken legs, wrists, ribs, and other areas of the body account for almost 95% of motorcycle injuries.
Who May Be at Fault in Motorcycle Accidents?
Proving fault in any motor vehicle accident is tricky, and motorcycles are no different. It is common for people to point fingers and place blame in accident situations.
A motorcycle injury attorney is key in sorting out the details and reaching a beneficial agreement. Multiple parties can be involved. An injured biker may be able to sue another driver, a motorcycle manufacturer due to defective parts, or a dealership.
With so many moving parts and considerations regarding liability, Constant Legal Group can investigate all aspects of your accident case to create clarity.
How to Prove Negligence in a Motorcycle Accident
It is necessary for any personal injury lawyer to successfully prove negligence in a motorcycle accident case to win compensation for their client. Negligence claims must prove four things: duty, breach of duty, causation, and damages.
It is tricky to prove negligence in a motorcycle accident case. Luckily, an experienced attorney will have the knowledge and experience to gather the proper evidence to make success a reality. Retaining an attorney is often the difference between taking home a fair settlement or verdict or possibly nothing at all.
Constant Legal Group is a trusted and experienced legal resource with a history of successful personal injury cases.
Can a Motorcyclist Still Recover for Their Injuries if They Weren’t Wearing a Helmet?
States have different laws on motorcycle helmets, and the type of injury you sustain after an accident determines whether the opposing attorney might try to use it against you. For example, wearing a helmet is irrelevant when claims involve leg, back, or arm injuries. However, winning a case in your favor is more challenging if you were not wearing a helmet and sustained serious head injuries, like a traumatic brain injury.
Even still, a win may be possible if you were not deemed negligent in the accident. The modified comparative negligence rule states the other party can only recover a specific amount based on whatever percentage of fault is yours. For example, if the other party is 80 percent to blame, you may be able to recover 80 percent of the damages.
Motorcycle Accidents FAQ
Here are some of the more common questions we receive regarding motorcycle accidents.
What Does a Motorcycle Accident Lawyer Do?
A motorcycle accident lawyer is a type of personal injury lawyer who litigates motorcycle crash cases. The best motorcycle accident lawyers do all of the heavy lifting in your accident case and can take a significant burden off of your plate.
A motorcycle accident injury lawyer can:
- Offer sound legal advice, explain your rights, and help you understand motorcycle accident law and how they apply to your case.
- Track down and preserve evidence on your behalf to build a compelling case.
- Deal with insurance companies so you do not have to.
- Negotiate a fair settlement on your behalf, whether with your insurance provider or the at-fault driver.
Represent you in court if the case goes to trial and fight for the best possible verdict.
How Is a Catastrophic Injury Defined?
A catastrophic injury is one of the most worrying injuries after an accident. Significant motorbike injuries usually require lengthy and involved medical treatment and rehabilitation. Catastrophic injuries can be temporary or permanent and take months or years to heal, if at all.
These injuries can impact one or more delicate areas of the body. Catastrophic injuries can result in traumatic brain injuries, spinal cord injuries, paralysis, burns or disfigurement, disability, or loss of limbs.
Victims of catastrophic injuries often experience multiple surgeries, require ongoing medical support and care, often struggle to pay large medical bills, and have difficulty sustaining a physical, mental, and financial quality of life.
If I Was Injured in a Motorcycle Accident, How Can I Recover Damages?
The first step to consider after a motorcycle accident is scheduling a free consultation with an experienced motorcycle accident lawyer.
Dedicated attorneys should assess your case and gather important evidence to build a compelling case against the at-fault party. The stronger the case, the more likely it is to be awarded maximum compensation.
Is There a Limited Time After My Accident for Me to Take Legal Action?
Every state has a statute of limitations — laws that set the maximum time parties have to initiate legal proceedings. The time you have to file your case depends on the statute of limitations window, which varies by state.
Two or three years from the date of the accident is most common. It is best to file a lawsuit as soon as possible following an accident so there is little room to question the facts and evidence available to make an informed decision. Contact Constant Legal Group today for guidance on local motorcycle accident laws.
How Much Can You Sue for a Motorcycle Accident?
It is typical for a motorcycle accident victim to get more compensation with the help of a motorcycle accident lawyer rather than relying solely on an insurance claim. Most insurance carriers try to settle claims for as little as possible.
The damages one might recover typically depends on the following factors:
- How severe a victim’s injuries are and how they impact their quality of life.
- Consideration of past and future medical bills and expenses.
- The involvement of assistive medical devices and equipment to sustain their injuries.
- Any property damage and the extent of damages and necessary repairs.
- A victim’s short- and long-term prognosis.
- Any current or future lost wages that might hinder a victim’s ability to survive financially.
Non-economic damages related to pain and suffering, such as loss of consortium and companionship, among other intangible things.
How Long Does a Motorcycle Accident Lawsuit Take?
After a motorcycle accident, the insurance company should be promptly notified and a claim filed. The amount of time permitted for a response varies by state so, for example, in Ohio insurance companies have 15 days to respond to a claim. A motorcycle accident law firm near you can provide an answer based on your specific city and state.
Even if you sustained grave injuries, an insurance company might offer you a paltry sum that won’t cover your expenses. Their goal is to retain profit and close the claim quickly. Consult an expert in motorcycle accident case law so they can negotiate with the insurer instead of you.
A motorcycle accident lawsuit can be filed with the help of a motorcycle accident lawyer. Most accident cases usually settle outside of court within six months to a year. If more variables or disparities involve who is at fault, a case could take longer and go to trial.
How Much Does a Motorcycle Crash Lawyer Cost?
Most motorcycle personal injury lawyers, like those at Constant Legal Group, work on a contingency fee basis. We do not require any upfront fees or payments to take on your case, but we agree on a certain percentage of the final settlement if we win your case. If we don’t win, we don’t get paid.
Reach Out for a Free Consultation from an Experienced Motorcycle Accident Lawyer
Constant Legal Group advocates for motorcycle accident victims, and we share a common goal of helping you recover from the devastating financial trauma of another’s negligence. Our experienced motorcycle accident lawyers have helped many people in the same situation as you, and you can count on us to fight for your best interest.
Our seasoned motorcycle injury lawyers can review your case for free and discuss a strategic plan forward. Get your life back on track and regain control of your financial future when you contact us for a no-obligation, free consultation.