Motorcycle Accident Attorney

How Will a Motorcycle Accident Lawyer Determine a Fair Payout in My Case?

A motorcycle collision lawyer near you will know how to navigate the claims process and negotiate for the money you may qualify to recover. Alternatively, they can sue the at-fault driver and present strong evidence to a jury about your accident. This will include documentation of your recoverable damages.

The payouts in motorcycle crash cases vary widely. Each case has its expenses and losses, and depends greatly on the type and severity of injury suffered and the available compensation options. In general, victims can recover economic and non-economic damages. Family members may be able to recover wrongful death damages if their loved one died from their crash injuries.

Economic Damages

You could qualify for:

• Past and future medical expenses for accident injuries
• Emergency room and hospital bills
• Therapy and rehabilitation costs
• Prescription medications
• In-home care or nursing services
• Lost wages and other income
• Diminished earning capacity for long-term injuries
• Property damage, including motorcycle repair or replacement
• Home or vehicle modifications if there are new disabilities
• Other out-of-pocket costs due to the accident, injuries, or treatments

Non-Economic Damages

Your non-financial damages could include:

• Pain and suffering
• Mental anguish
• Emotional distress and trauma
• Reduced quality of life
• Permanent disfigurement or scarring
• Loss of independence

Wrongful Death Damages

Who can file a wrongful death action and how they distribute the money recovered in these cases can vary from state to state. Each state sets its laws about this process. However, surviving family members may be eligible to receive compensation for some or all of the following:

• Funeral and burial expenses
• Loss of income and financial support
• Loss of benefits
• Loss of household services
• Loss of companionship and emotional support
• Loss of parental guidance
• Medical expenses related to the fatal accident
• Pain and suffering of the victim before death (in some states)
• Pain and suffering of survivors (in some states)
• Punitive damages (in some states)

How Goldwater Law Firm Helps Motorcycle Accident Victims Nationwide

The Goldwater Law Firm has dedicated the last 20 years to helping accident victims. We have built strategic partnerships with large, successful law firms across the United States, allowing us to help people in all 50 states. Let’s discuss your case during a free case review, and we can connect you with a co-counsel near you to proceed with your claim or lawsuit.

We are a widely recognized law firm with a strong reputation for recovering compensation for our clients. We understand your need for results and want to help you in any way we can. This includes connecting you with our law firm partners and ensuring they have access to the resources they need for your case, including our robust team of experts and specialists.

All of our strategic partnerships are with law firms that work based on contingency fees. Our co-counsels never ask accident victims to pay upfront fees. Instead, they work for a percentage of the payout in the case. You will only pay if they win your case and secure compensation for you. Contact us today to get started.

How Do Motorcycle Accident Injury Cases Work?

When another driver causes a motorcycle accident, the case usually revolves around proving fault and liability. However, the applicable laws where the crash occurred could play a role. In most states, fault-based laws apply to these collisions. This means the at-fault driver is generally financially responsible for the injuries and damages that occur.

In these cases, negligence will play a central role. To hold another party accountable, your attorney will need to have evidence to show that the party acted negligently. A driver is negligent when they fail to exercise reasonable care. This includes four elements:

• Duty of Care: The other driver had a duty to operate their vehicle according to traffic laws.
• Breach of Duty: The driver breached that duty by violating a traffic law.
• Causation: The driver’s actions directly caused the collision.
• Damages: You suffered injuries or monetary loss as a result.

Some of the most common ways a motorist acts negligently and causes a motorcycle crash include:

• Failing to see the motorcyclist when changing lanes
• Turning left in front of an oncoming motorcycle (failure to yield)
• Rear-ending a motorcycle because they were not paying attention to stopped traffic
• Running a red light or stop sign

How Can a Motorcycle Accident Lawyer Recover Compensation for Me?

In states where motorcycle accidents are handled fault-based, the at-fault driver is liable for paying for any damages they cause. In most cases, the at-fault driver’s auto liability insurance policy is where this money comes from. If they are uninsured or do not have enough insurance coverage, the motorcyclist can file a claim based on their own uninsured/underinsured motorist (UM/UIM) coverage.

Even states with no-fault auto insurance laws often manage motorcycle accidents based on fault. While the general principles of these cases are similar in most areas, the specific laws vary by state. Your state’s laws could affect how you recover damages.

While most states allow you to pursue an insurance claim or file a personal injury lawsuit against the at-fault driver after a motorcycle accident, the rules about comparative or contributory negligence and caps on damages could affect your ability to recover compensation. You will want to work with an attorney familiar with your local laws and cases like yours. Our team can connect you to a co-counsel in your area.

Motorcycle Accident Injuries Often Require Specialized Care and Support

Motorcycle accidents often cause fatal, catastrophic, or serious injuries. These accidents are often life-altering. According to the Insurance Institute for Highway Safety, 6,222 motorcyclists lost their lives in crashes across the country in 2022. Of those who survived, many required care for injuries such as:

• Road rash
• Broken bones, including serious compound fractures or crush injuries
• Traumatic brain injuries (TBI)
• Spinal cord injuries with or without paralysis
• Internal injuries
• Facial fractures
• Hip and pelvis fractures
• Amputations
• Burns
• Other limb injuries, often to the legs

Some of the possible types of treatment required for these injuries include:

• Resuscitation and life-sustaining care
• Emergency medical care, including ambulance or medevac transportation
• Surgery for orthopedic, neurological, or internal injuries
• Hospitalization and ICU care
• Imaging and diagnostic testing
• Pain management
• Physical therapy
• Occupational therapy
• Mental health counseling and trauma therapy
• Assistive devices, including crutches, wheelchairs, and prosthetics
• In-home nursing or personal care
• Inpatient rehabilitation
• Follow-up visits with specialists
• Plastic or reconstructive surgery

Many injured motorcyclists require care in a high-level trauma facility. These facilities are verified by the American College of Surgeons (ACS). There are hundreds of Level I trauma centers in the United States. These hospitals provide the highest level of care available for those with serious traumatic injuries from a crash.

However, the costs associated with this high level of care and support add up quickly. Many motorcycle accident case payouts reach six or seven figures, especially if the victim cannot return to work or otherwise has lasting impairments.

How a Motorcycle Accident Attorney Will Build a Convincing Case for Compensation

When you work with our co-counsel near you to develop a case and seek compensation, they will investigate your crash and gather evidence to show what happened and who is liable. Some key evidence in these cases could include:

• Crash reports filed by police
• Eyewitness statements
• Traffic camera footage or dashcam video
• Accident reconstruction reports compiled by experts
• Medical expert opinions

If the evidence clearly shows the other driver caused your motorcycle accident, their liability insurance carrier should offer a fair settlement. If they dispute fault or refuse to offer a fair settlement, your attorney may file a lawsuit and prepare to litigate the case.

Each state also has its own deadlines. These are called statutes of limitations. They generally range from one year in Tennessee and Kentucky to six years in North Dakota and Maine. Most states give victims two or three years to file a lawsuit. However, you want to get started as soon as possible. Our law firm partners will protect your rights and ensure you have a compelling case for compensation. Contact us today to get started.