One of the worst situations you can find yourself in while driving is a motorcycle accident, especially if you are the rider. In addition to the potential for serious physical harm and psychological distress, a motorcycle accident can attract a burdensome debt or even necessitate filing for bankruptcy due to overwhelming financial difficulties.

Fortunately, you have the legal right to hold the at-fault party liable for your property damage, injuries, and other losses caused by the motorcycle accident, including emotional distress. It is common for parties involved in a motorcycle accident to resolve their differences out of court. However, you do not have to accept a settlement offer that does not fully compensate you for your losses.

There is a high chance that you could receive adequate compensatory damages for your losses when you file a lawsuit against the at-fault party. That is where the services of a seasoned personal injury attorney become critical. The attorney you choose can explain your legal rights, prepare your claim, and file it on your behalf as you recuperate.

If everything works in your favor, you will receive compensatory damages for all your losses and punitive (exemplary) damages to punish the at-fault party for his/her reckless or intentional behavior.

Common Causes of Motorcycle Accidents and Injuries You Can Sustain

Undoubtedly, riding a motorcycle is a fun and convenient means to maneuver busy streets and roads to reach your destination as soon as possible, especially if time is not on your side. Unfortunately, you are at risk of an accident anytime you choose to ride your motorcycle. Even the most cautious motorcyclists could be involved in an accident due to the following possible causes:

  • Loose gravel or potholes on the roadway.
  • Parts malfunction.
  • Cars merging into the cyclist's lane.
  • Uneven road conditions.
  • Dangerous weather conditions like hail stones or fog.
  • Tailgating.
  • Stationary objects on the road, like lampposts or signs.

Regardless of the cause of your motorcycle accident, the aftermath could include severe injuries such as:

  • Scarring.
  • Concussions.
  • Facial disfigurement.
  • Bone breakages.
  • Burns.
  • Internal bleeding.
  • Loss of a limb.
  • Road rash.
  • Nerve damage.
  • Head injuries.
  • Spinal and neck injuries.
  • Eye injuries.

Immediate Steps to Take After a Motorcycle Accident to Increase Your Odds of Obtaining Damages

The steps you will take immediately after a motorcycle accident can mean the difference between obtaining maximum compensation for your losses and losing the claim or lawsuit. Below are steps you should take to protect your best interests and increase your chances of securing substantial compensation for your losses resulting from the motorcycle accident:

  1. Seek Medical Help

Even though you feel okay and do not have any physical injuries, you should seek immediate medical attention because some injuries will not manifest until later. Your doctor will conduct an examination and diagnosis to determine whether you have an internal injury and offer the necessary treatment.

  1. Gather Evidence and information That Can Strengthen Your Claim

If you are lucky to be safe and can move, you should begin collecting information and evidence you can use to strengthen your compensation claim against the at-fault party. You can do that by:

  • Talking to eyewitnesses to hear their side of the story about what could have led to the accident and whether they can testify in court.
  • Taking pictures and videos of the accident, capturing the position of the vehicle involved on the road, your injuries, your bike condition, nearby road signs, road condition, and weather pattern.
  • Take insurance details of the other involved party and their contact numbers.

  1. Do Not Accept Accident Liability

Even though you feel like the accident was your fault, accepting liability is not a wise idea because your accident could be due to other factors you do not know anything about. For instance, the other driver could be liable for your motorcycle accident because he/she was drunk driving or speeding.

  1. Report Your Motorcycle Accident to the Police

Once you call the police, they will come to the accident scene to assess the situation and create a report of the accident, which contains the following crucial information:

  • Names and contact details of all the parties involved.
  • Date and location of the accident.
  • A copy of the driver's licenses of the involved parties.

Remember to obtain a copy of the accident report from the police since you will need the above information to help prove liability at trial for the best possible outcome on your claim.

  1. Report the Motorcycle Collision to Your Insurance Provider

According to the terms of your insurance policy, you have to report any accidents as soon as they happen. Your insurance company will send an insurance adjuster to inspect the accident scene after you report a motorcycle collision.

The insurance adjuster will also ask you tricky questions about the accident, but you are not obligated to answer any of them because they can use what you decide to disclose against you.

  1. Retain the Services of a Personal Injury Attorney

The insurance providers are profit-making companies and will not award you your compensation request without a blow. In most cases, they will deny your claim or award you a low settlement offer, even if you deserve more. That is where the services of an attorney become important.

Your attorney can help you file a personal injury lawsuit against the at-fault party and present the necessary evidence to support his/her argument for the best possible outcome. Aside from calculating your claim's worth and filing a lawsuit on your behalf, your attorney will be your legal counsel through the entire process for the best attainable outcome. Ensure the attorney you will hire is:

  • Credible and reputable.
  • Qualified and experienced.
  • Available.
  • Legally licensed.

As mentioned above, the reliability of the attorney you choose after sustaining injuries in a motorcycle accident can increase your odds of securing a favorable outcome in your lawsuit. If you have a friend or family member who has had a successful injury lawsuit in the past, you can ask him/her to recommend a reliable personal injury attorney.

Phases of a Motorcycle Collision or Accident Lawsuit

If litigation is the only way to obtain compensation for injuries resulting from a motorcycle accident, you should file a lawsuit against the at-fault party. Your attorney can guide you through every step or phase of the motorcycle accident lawsuit or litigation process to obtain the best possible outcome. These steps include:

Filing a Lawsuit

The confusing litigation process begins with filing an injury lawsuit against the at-fault party or his/her insurance provider. Ensure your lawsuit papers contain all the details necessary to prove the defendant is liable for your injuries. Then, the at-fault party insurance provider will investigate the case to determine whether to offer you damages.

The Discovery Process

During the discovery stage of your injury lawsuit, the defendant and your attorney will exchange and share their evidence regarding the motorcycle accident that led to your injuries, including:

  • Police reports.
  • Medical records.
  • Eyewitness testimonies.

The Arbitration or Mediation

Depending on the facts of your case, you can choose to resolve your injury claim through arbitration or mediation, meaning your case does not have to proceed to trial. During arbitration or mediation, a third party will work with the defendant and your attorney to reach a fair settlement for your claim.

The Trial

You must appear in court on the appointed date if you choose to proceed with a trial after arbitration or mediation fails to produce a fair settlement to cover your losses. During the trial phase of the lawsuit, your injury attorney will present his/her evidence and arguments to prove to the court that the defendant's negligence led to the motorcycle accident that caused your injuries.

Here are various elements of negligence that your attorney must prove to obtain damages for your losses:

  • The defendant owed you a duty of care.
  • The defendant breached his/her duty of care.
  • The breach caused your injuries.
  • You incurred damages due to your injuries.

In some motorcycle accident cases, you do not have to prove the other motorist's negligence led to the accident that caused your injuries if he/she violated a traffic law enacted to prevent these accidents. For instance, if the defendant was speeding beyond the posted speed limit for that area, your attorney does not have to prove the above elements of negligence.

Providing the court with sufficient evidence to prove the defendant was speeding is enough to qualify for compensatory damages for your losses caused by the motorcycle accident.

Your case could take several days or weeks to resolve, depending on the severity of your injuries, the intricacy of your case, and the availability of eyewitnesses. If your attorney's arguments work to your advantage, you will receive compensatory damages for all your losses caused by the motorcycle accident.

What Should I Do if Poor Road Condition Was the Cause of My Motorcycle Accident?

Even if a poor road condition led to your motorcycle accident, you could qualify for compensatory damages for all your losses. According to premises liability law, the government could be liable for your injuries for failing to maintain the road in a reasonable and safe condition to prevent auto accidents. Under this law, the government has the legal responsibility to:

  • Maintain and inspect roads to ensure they are safe for motorists.
  • Repair any potential or dangerous road condition, like a pothole.
  • Warn motorists of any hazardous road condition(s).

When filing an injury claim against the government, state, or city after sustaining injuries in a motorcycle accident, you or your attorney should prove the following facts before a judge:

  • The county, city, or state owns or has legal control over the property in question.
  • The property was in a hazardous condition at the time of the motorcycle accident.
  • The hazardous condition created a foreseeable risk of the type of injury that you sustained.
  • The county, city, state, or government had received notice of the dangerous condition on time, but they did not do anything to fix the problem.
  • You sustained an injury and incurred financial losses due to the dangerous road condition.

If everything goes in your favor, the court will award you damages for all your losses resulting from the accident.

Factors that Could Affect the Chances of Securing Fair Damages After a Motorcycle Accident

Unfortunately, not every person with an injury resulting from a motorcycle accident will receive compensation for the losses they will incur. The factors explained below can increase your odds of causing a motorcycle accident and could come into play at trial when determining whether to award you compensation for your losses:

Whether You Were Under the Influence

If you were riding the motorcycle while under the influence of alcohol or drugs, the court could deny you damages for your losses because your intoxication played a significant role in causing the accident.

Whether You Were Wearing a Helmet

According to Vehicle Code (VC) 27803, all motorcyclists and passengers must wear helmets when riding a motorcycle. Aside from attracting hefty fines, a VC 27803 violation can affect your chances of obtaining compensatory damages after suffering injuries in a motorcycle accident.

Whether You Had a Legal and Valid Driver's License

Operating a motorcycle or driving requires proper training and the fulfillment of specific requirements. If you do not have a valid driver's license, the defendant could argue that you were unqualified to drive a bike, affecting your chances of obtaining compensation for the injuries caused by the motorcycle accident.

Potential Compensatory Damages in a Motorcycle Accident Lawsuit

If your motorcycle lawsuit is successful, meaning your attorney's evidence and arguments were viable, the court will award you compensatory damages for your injuries and losses resulting from the accident. The court will award you damages for the following economic and non-economic losses if your motorcycle accident goes in your favor:

  • Lost wages.
  • Medical expenses.
  • Lost earning capacity.
  • Pain and suffering.
  • Medication and medical supplies.
  • Occupational and physical therapy.
  • Scarring.
  • Hospital bills.
  • Disfigurement.
  • Loss of consortium.
  • Possible future medical expenses.

Every injury case is unique, and the possible damages you will receive after a successful motorcycle accident will depend on the severity of your injuries. You could receive compensation of up to $50,000 for minor injuries and property damage. However, for a severe injury like a traumatic brain injury, you could receive compensatory damages of up to $500,000.

Having an attorney by your side through every stage of the compensation claim process or lawsuit is the key to obtaining the utmost compensation for your injuries and losses caused by a motorcycle accident.

It is worth noting that if you lost a loved one in a motorcycle accident, you could also qualify for compensatory damages by filing a wrongful death claim. If your wrongful death claim is successful, you will receive damages for the following financial and non-financial losses:

  • Burial and funeral expenses.
  • Loss of emotional support and companionship.
  • The lost income the deceased could have earned if he/she were alive.

How Comparative-Fault Law Can Impact the Value of Damages in a Motorcycle Lawsuit

Also known as comparative negligence law, comparative fault law could impact the value of your damages in a motorcycle accident lawsuit. According to this law, if more than one party shares the liability or fault of the motorcycle accident that led to your injuries and property damage, the judge can apportion liability and damages.

That means the compensatory damages you will receive will lessen based on your degree of fault or negligence. If you were 40% at fault for the accident, you would only receive 60% of your damages from the defendant.

What You Need to Strengthen Your Motorcycle Accident Lawsuit

The evidence you or your attorney will provide during the trial hearing for your motorcycle accident lawsuit will play a critical role in determining whether you qualify for compensatory damages. Below are examples of evidence you will need to strengthen your motorcycle accident lawsuit against the at-fault party:

Repair Estimates

For the utmost compensation for your losses resulting from a motorcycle accident, your attorney should include the repair estimates of the motorcycle in your accident lawsuit. When calculating your claim's monetary worth, the court will consider these estimates and receipts to determine the total damages you should receive for your losses.

Medical Records

The medical records that could help strengthen your claim after a motorcycle accident lawsuit include the following:

  • Medical cost receipts for all the medications you will need.
  • Medical cost receipts for the necessary physical therapy.
  • Medical cost receipts for diagnoses and all hospital bills.

These medical record receipts will help your attorney prove the severity of your injuries resulting from the motorcycle accident for the utmost compensation for your losses.

Police Report

As mentioned above, obtaining a copy of the police report after a motorcycle accident is important because it contains crucial information and details your attorney will need to strengthen your lawsuit against the at-fault party, including:

  • Eyewitness testimonies.
  • Weather condition.
  • Photographs of the accident.

Find a Credible Personal Injury Attorney Near Me

The severe injuries you can sustain in a motorcycle accident can attract financial burdens you did not expect, but you have options. At the San Diego Personal Injury Law Firm, we can help you navigate the confusing legal justice system to obtain substantial compensation for your losses resulting from a motorcycle accident.

We invite you to call us at 619-478-4059 to schedule your initial obligation-free appointment for the quick and thorough legal representation you deserve to obtain the best possible outcome on your claim.