Delaware Motorcycle Accident Attorney

A Collision Attorney Knows the Common Causes of Motorcycle Accidents

At The Goldwater Law Firm, we work with trusted co-counsels nationwide, representing injured motorcyclists and managing their injury claims while they heal and rehabilitate. When you work with a personal injury attorney to develop your case and pursue damages for your losses, they will investigate the cause of your crash and who is liable.

Some common ways other motorists cause motorcycle accidents include:

• Failing to yield the right of way
• Making improper lane changes
• Running red lights or stop signs
• Tailgating or following too closely
• Turning left in front of a motorcycle
• Failing to check blind spots
• Not using turn signals

They may also participate in activities that significantly increase the risk of a crash, such as distracted driving, driving under the influence of alcohol or drugs, and speeding or aggressive driving. Documenting these activities can strengthen the case against them.

When there is evidence to show what happened and how the motorist caused the crash, Delaware law allows injured motorcyclists to hold them legally responsible. An attorney can file a claim based on the at-fault driver’s auto liability insurance or sue them in civil court.

An Accident Lawyer Can Help If the At-Fault Driver Blames You

Many people falsely believe that motorcyclists cause their own accidents. They blame bikers for aggressive driving or putting themselves in danger. However, these collisions are often the fault of another driver.

A motorcycle accident attorney in Delaware will know how to handle these allegations and work to minimize any fault assigned to you. This is important because of the state’s modified comparative negligence statute, 10 Del. Code § 8132.

Under this statute, you can recover compensation in a crash if you are 50 percent or less at fault for the accident. However, the money you can recover goes down based on the percentage of fault a jury assigns to you. Limiting or eliminating any blame is essential to recovering maximum compensation in a case.

A Delaware Accident Lawyer Understands the Severity of Motorcycle Injuries

While some motorcycle accidents occur at low speeds or other factors limit the severity of the injuries suffered, many involve serious or catastrophic injuries. Motorcycle collision attorneys understand that those with significant injuries must focus on their recovery and rehabilitation.

They also know the extensive expenses and losses that can occur in these cases. Some of the injuries motorcyclists might suffer in a collision include:

• Traumatic brain injury (TBI)
• Spinal cord injury
• Numerous broken bones
• Crush injuries
• Severe road rash and other burns
• Amputations
• Internal organ injuries
• Pelvis or hip injuries
• Chest and abdominal injuries
• Punctured lungs or a collapsed lung
• Neck and back injuries

While some injured motorcyclists might receive stabilizing care at a nearby hospital, many require transfer to a designated trauma center that can handle life-threatening injuries and rehabilitate catastrophic TBIs or spinal cord injuries. Christiana Hospital in Newark is the state’s only adult Level I trauma center. This facility provides comprehensive care for severe motorcycle accident injuries. ​

What Damages Are Available in a Motorcycle Accident Case?

The damages you may qualify to recover from your accident in Delaware will depend on your injuries, treatment, expenses, and losses. Your attorney will document these recoverable damages and use the documentation to show the insurance company or jury how much the case might be worth.

Each case has its own unique list of recoverable damages and potential settlement value. Some of the most common types of recoverable damages include:

• Expenses for ambulance or medevac transportation, emergency department care, and hospitalization
• Costs of hospital visits, surgeries, medications, rehabilitation, and future medical care
• Expenses related to physical therapy, assistive devices, or long-term care
• Compensation for income lost due to the accident
• Money for the future loss of earning capacity if there are permanent injuries
• Repair or replacement of the motorcycle and other personal property damaged in the accident
• Compensation for the physical pain and emotional suffering caused by the accident
• Losses for anxiety, depression, and trauma related to the injury
• Damages for the loss of activities and hobbies you can no longer enjoy due to your injuries

Wrongful Death Following a Motorcycle Accident in Delaware

If you lost a loved one in a motorcycle accident, an attorney can help you understand the applicable laws and what you can do to pursue damages. You may qualify to seek a wide range of expenses and losses for surviving family members, including:

• Funeral and burial expenses
• Medical expenses related to the accident
• Loss of financial support, such as future earnings from the victim
• Loss of companionship, care, and guidance
• Emotional distress, grief, and trauma caused by the loss
• Loss of consortium

If your loved one died in a Delaware motorcycle accident or from their injuries, contact us today. Our team can review your case and connect you with our co-counsel, who can help you fight for justice for your family.

Our Team Connects You With a Lawyer From Our Law Firm Partners

The Goldwater Law Firm has strategic partnerships with trusted law firm partners across the country that allow us to help people in all 50 states. We are one of the country’s most widely recognized firms and have a strong reputation for helping the wrongfully injured get results. We work with many large and successful co-counsels.

When you call our team, we will treat you with empathy, respect, and dedication. We understand you need help to learn about your options and rights, and have a family and community that rely on you. Let us review your case and assess how our co-counsels can help. We will connect you with an attorney from our law firm partners who can handle your claim and pursue the money you may qualify to recover.

All our law firm partners work on a contingency fee basis. You will not need to pay any upfront fees or related costs. Your attorney will even have access to our network of experts who can provide additional testimony and support for your case without paying upfront. You can learn more during your free consultation with our team.

What Will an Attorney Do to Build a Compelling Accident Case?

Our law firm partners in Delaware will investigate your accident and develop a compelling case by:

• Obtaining the police report
• Interviewing all drivers and other witnesses
• Gathering video evidence from any available source
• Requesting relevant medical records from your doctors
• Surveying and analyzing the accident scene
• Examining any other technology available, such as a vehicle black box
• Collecting any key traffic and roadway condition updates
• Identifying and reviewing the available insurance coverage
• Consulting with experts as necessary
• Documenting damages and assessing a fair settlement range

Throughout the claims process, the attorney will also protect your rights and manage communication with the at-fault driver and their insurer.

How Will an Accident Attorney Secure Compensation?

Most injury accident cases settle without going to trial. Some of them do not require filing a lawsuit, but some do. The legal strategy will depend greatly on the circumstances. Your motorcycle accident attorney will develop an approach that they believe will work best to help you recover maximum compensation.

There are generally two ways to recover money based on your injuries. One includes negotiating a settlement, and the other includes receiving a jury verdict and court award. If the insurance company will not make a fair offer, litigating the case might be necessary.

If you need to file a lawsuit, there is a two-year statute of limitations based on 10 Del. Code § 8119. Your attorney will ensure you meet this deadline as long as they manage your case in time. Some people may have less time to act, so you will want your lawyer on your side as soon as possible.