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What Does a Motorcycle Accident Lawyer Do?

Looking for a top motorcycle accident lawyer? This guide explains what they do, the costs and benefits, and tips for getting the most compensation for your claim.

evident Editorial Team
November 28, 2023
motorcycle accident, road

Navigating the aftermath of a motorcycle accident can be overwhelming, particularly if you have sustained severe injuries. Besides dealing with medical treatments, you'll need to deal with insurance companies, medical bills, loss of wages, and even a potential legal battle. This is where a motorcycle accident lawyer comes in. 

In this article, we'll explain what a motorcycle accident lawyer does, the costs involved, why motorcycle accident claims are uniquely complicated, the compensation you may be entitled to in a motorcycle accident claim, and much more. 

Armed with this information, you will be better equipped to navigate the complexities of the legal and insurance landscape following a motorcycle accident. 

Key Takeaways

What Does a Motorcycle Accident Lawyer Do?

A motorcycle accident lawyer is a specific type of personal injury lawyer that represents individuals injured in a motorcycle accident. These lawyers specialize in tort law, including negligent acts and intentional acts. 

Motorcycle accidents can have devastating effects, from serious physical injuries to financial burdens. It's in these moments that experienced motorcycle accident lawyers become invaluable to you and your personal injury claim. 

Here's what they can do:

  • Expertise in Motorcycle Accident Law: Laws surrounding motorcycle accidents can be complex and vary from state to state. An experienced motorcycle accident lawyer understands these laws and can guide you through your motorcycle accident case, ensuring you make informed decisions.
  • Handling Insurance Companies: Insurance companies often aim to minimize payouts or find reasons to deny claims. Your lawyer can protect you from such tactics, handling negotiations with the insurance company to ensure you get a fair settlement.
  • Accurate Valuation of Your Claim: Determining the value of your claim can be tricky. It's not just about current medical bills and lost wages. You must also consider future medical expenses, potential loss of earning capacity, and non-economic damages like pain and suffering. A knowledgeable lawyer can help you accurately estimate these costs, ensuring you pursue the full compensation you deserve.
  • Preparing for Trial: Your case may go to trial if a fair settlement cannot be reached. This requires extensive preparation, gathering evidence, assessing the accident scene, interviewing witnesses, and building a strong case to present before a judge or jury. A seasoned motorcycle accident attorney has the experience and expertise to handle this process effectively.
  • No Upfront Fees: Most motorcycle accident lawyers work on a contingency fee basis. You don't have to worry about legal fees unless your lawyer wins your case. This allows you to get the legal help you need without additional financial stress.
  • Peace of Mind: Dealing with a motorcycle accident can be stressful and overwhelming. Having a lawyer handle the legal aspects of your case allows you to focus on your recovery.

In essence, hiring a motorcycle accident lawyer increases your chances of securing the best possible outcome for your case. They bring experience, expertise, and tenacity, tirelessly fighting for your rights and the compensation you are entitled to.

The journey from a motorcycle accident to recovery can be long and complex, but you don't have to walk alone. Competent motorcycle accident attorneys can be your guide, advocate, and support system throughout the process.

Why Are Motorcycle Claims Complicated?

girl, motorbike, fashion

Navigating the intricacies of a motorcycle accident claim can be a daunting task for several reasons. 

First, bias against motorcyclists can be a significant hurdle. Many people have preconceived notions about motorcyclists, often viewing them as reckless or risk-takers. This bias can permeate all aspects of the claim process, from dealing with insurance adjusters to presenting your case to a jury. An experienced motorcycle accident attorney understands this bias and can work to combat these stereotypes in the pursuit of a fair settlement or verdict.

Second, establishing liability can be more complex in motorcycle accidents. Due to their smaller size, motorcycles can be more challenging to see on the road, and accidents may occur because other drivers fail to notice the motorcyclist. Proving that the other driver was at fault can require extensive investigation and the use of expert witnesses, which a lawyer can effectively coordinate.

Third, the injuries sustained in a motorcycle accident are often severe and may require long-term medical care. Accurately estimating the cost of future medical care can be challenging, and insurers may dispute these costs. A motorcycle accident lawyer can work with medical professionals to comprehensively understand your medical needs and advocate for fair compensation.

Finally, motorcycle accidents often involve multiple parties and insurance companies, each with its team of lawyers and adjusters. Negotiating with these entities requires knowledge of the law, tenacity, and skill, all of which an experienced motorcycle accident attorney can provide.

Given these complexities, navigating a motorcycle accident claim without legal representation can be risky. A seasoned motorcycle accident law firm can help protect your rights and work towards obtaining the compensation you need and deserve.

How Much Does a Motorcycle Accident Lawyer Cost?

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Cost is one of the most common concerns for individuals considering hiring a motorcycle accident lawyer. Fortunately, most personal injury attorneys, including those specializing in motorcycle accidents, work on a contingency fee basis. This means that you don't pay any upfront costs or hourly fees. Instead, the lawyer's fee is contingent (i.e., dependent) on them winning your case.

The lawyer's fee is typically a percentage of the settlement or award they secure for you. This percentage can vary depending on the complexity of the case, the lawyer's experience, and the stage at which the case is resolved, but it generally ranges from 25% to 40%. 

For instance, if your lawyer negotiates a $100,000 settlement with the insurance company, and their contingency fee is 33%, their fee would be $33,000. 

This arrangement aligns your interests with your lawyer's: they only get paid if they successfully recover compensation for you. This also means you can secure legal representation even if you don't have the financial resources to pay for a lawyer upfront. 

While hiring a motorcycle accident lawyer isn't free, the cost is typically manageable and justified, given the potential benefits that experienced legal representation can provide.

Common Causes of Motorcycle Accidents

Understanding the common causes of a motorcycle collision can help you stay safe on the road and also shed light on the complexities of pursuing a motorcycle accident lawsuit.

Here are some of the most common causes:

  1. Distracted Driving: Whether texting, eating, or using a GPS, any activity that takes a driver's attention off the road can lead to an accident.
  2. Left-Turn Accidents: These occur when a car makes a left turn in front of a motorcyclist. Often, the car driver fails to see the motorcycle or misjudges its speed.
  3. Lane Splitting: This refers to a motorcycle riding between two lanes of slow-moving or stopped cars. It's a controversial practice and can lead to accidents. (Note that laws vary by state and this maneuver may be regarded differently whether in Arizona, California, Florida, or Texas).
  4. Speeding and Reckless Driving: This includes any driver, whether on a motorcycle or in a car, who exceeds the speed limit or is driving aggressively.
  5. Alcohol and Drug Use: Impaired driving significantly increases the risk of an accident involving a motorcycle or any other vehicle.

Remember, if you've been involved in a motorcycle accident due to someone else's negligence, you may be entitled to compensation for your injuries and damages.

An experienced motorcycle accident lawyer can help you understand your rights and navigate the legal process.

Common Injuries in Motorcycle Accidents

Motorcycle accident victims often suffer severe injuries due to the lack of protection compared to passenger vehicles.

surgery, hospital, medical professionals

Here are some of the most common motorcycle crash injuries:

  1. Head Injuries: These can range from concussions to traumatic brain injuries, especially when the rider is not wearing a helmet.
  2. Road Rash: This occurs when a motorcyclist's skin scrapes against the road, which can lead to severe skin damage and infections.
  3. Bone Fractures: Motorcyclists are prone to bone fractures, particularly in the legs, arms, and collarbone, due to the lack of protection during a collision.
  4. Spinal Cord Injuries: These can lead to partial or total paralysis, impacting a victim's mobility and quality of life.
  5. Internal Injuries: Damage to organs or internal bleeding can occur due to the force of the impact.

Such injuries often require extensive medical treatment and can have long-term effects on your health and livelihood. A motorcycle accident lawyer or personal injury law firm can help you seek compensation for these damages.

Compensation Available for a Motorcycle Accident Claim

If you've been injured in a motorcycle accident due to someone else's negligence, you may be entitled to compensation for your injuries and damages.

Here's a look at the types of compensation typically available in motorcycle accident cases:

  1. Medical Expenses: This covers the cost of any medical treatment you've received due to the accident, from emergency care and surgery to physical therapy and ongoing treatment. It can also include the estimated costs of future medical care related to your injuries.
  2. Lost Wages: If your injuries prevent you from working, either temporarily or permanently, you may be compensated for the income you've lost and potentially for future lost earnings.
  3. Pain and Suffering: This is compensation for the physical pain and emotional distress caused by your injuries. It can also cover the accident's impact on your quality of life and any permanent disability or disfigurement.
  4. Property Damage: This covers the cost to repair or replace your motorcycle and any other personal property damaged in the accident.

Determining the value of your claim can be complex, and insurance companies often try to pay as little as possible. An experienced motorcycle accident lawyer can help you pursue the full compensation you're entitled to.

People Also Ask

1. What to do after a motorcycle accident?

The steps after a motorcycle accident are crucial to your health and potential legal case. Ensure you:

  • Get to safety
  • Call 911
  • Seek immediate medical treatment
  • Gather evidence at the scene if possible
  • Exchange information with other involved parties
  • Report the accident to your insurance company, and
  • Consider contacting a motorcycle accident attorney.

Your attorney can guide you through the process and help protect your rights.

2. What to do after a motorcycle accident in Florida?

Florida's no-fault insurance laws add a layer of complexity to motorcycle accidents. You should still follow the standard steps after an accident, but also be aware that Personal Injury Protection (PIP) insurance doesn't apply to motorcycles in Florida.

It's critical to consult a Florida-based motorcycle accident lawyer who can navigate these unique aspects of Florida law.

3. How long does it take to get over a motorcycle accident?

The recovery time after a motorcycle accident depends on your injuries' severity and overall health. Some injuries might heal within weeks, while others could take months or years. In some cases, victims may suffer from permanent disabilities.

It's essential to follow the advice from medical and legal professionals, and allow yourself time to recover fully. 

4. What to do after a motorcycle accident in California?

In California, you must report a motorcycle accident to the DMV within ten days if there's an injury, death, or property damage over $1,000. California is also a comparative fault state, which can affect compensation in an accident claim.

It's advisable to consult with a California motorcycle accident lawyer to understand your rights and obligations.

The Bottom Line

Motorcycle accidents can have life-altering impacts, causing severe injuries and significant financial burdens. Securing the services of the best motorcycle accident lawyer  available can make a substantial difference in navigating the complex landscape of personal injury law and obtaining the compensation you deserve.

These legal professionals bring in-depth knowledge, expertise in negotiation, and crucial support, allowing you to focus on your recovery while they champion your cause. Although each case is unique, the value of experienced legal representation is universal.

So, if you're the victim of a motorcycle accident, hiring a lawyer is not only a good decision—it's your best defense and a critical step towards achieving justice.