What Does a Motorcycle Accident Lawyer Do? – TonaLaw (2024)

Motorcycle accidents can be devastating, leading to severe injuries, significant property damage, and a range of legal issues. When you or a loved one is involved in a motorcycle accident, it’s essential to understand the role of a motorcycle accident lawyer and when you might need their services. In this article, we will discuss the responsibilities of a motorcycle accident lawyer and provide insights into when it’s crucial to seek their assistance.

Investigating the Accident

One of the primary responsibilities of amotorcycle accident lawyeris to investigate the accident thoroughly. This involves gathering evidence, speaking with witnesses, obtaining police reports, and assessing the scene. Investigating the accident is critical for determining liability and building a strong case.

Establishing Liability

Motorcycle accident lawyers work to establish liability by identifying the at-fault party or parties. This may involve proving negligence, reckless behavior, or a breach of duty on the part of another driver, a manufacturer, or even a government entity responsible for road maintenance.

Dealing with insurance companies after a motorcycle accident can be challenging. Insurance adjusters often aim to minimize payouts to claimants. A skilled motorcycle accident lawyer can negotiate on your behalf to ensure that you receive fair compensation for your medical expenses, property damage, and pain and suffering.

Calculating Damages

Determining the full extent of your damages can be complex. Motorcycle accident lawyers have the experience to calculate both economic damages, such as medical bills, lost wages, and future medical expenses, and non-economic damages such as emotional distress. This helps ensure that you receive compensation that accurately reflects your losses.

Representing You in Court

If negotiations with insurance companies fail to result in a fair settlement, your motorcycle accident lawyer can take your case to court. They will represent your interests in front of a judge and jury, presenting the evidence and arguments necessary to secure a favorable outcome.

Handling Legal Paperwork

Navigating the legal process can be overwhelming, especially when you are recovering from injuries. A motorcycle accident lawyer will handle all the necessary paperwork, ensuring that deadlines are met and making sure that your case proceeds smoothly.

When Do You Need a Motorcycle Accident Lawyer?

Serious Injuries

If you or a loved one has sustained serious injuries in a motorcycle accident, it’s crucial to consult with a lawyer. Severe injuries often result in high medical expenses, long-term rehabilitation, and substantial pain and suffering. A lawyer can help you seek compensation that covers these costs adequately.

Wrongful Death

Tragically, some motorcycle accidents lead to fatalities. When a family member loses their life due to a motorcycle accident caused by someone else’s negligence, you should contact a motorcycle accident lawyer. The lawyer can help you pursue a wrongful death claim to hold the responsible party accountable.

Complex Liability Issues

In some cases, liability in a motorcycle accident may not be a clear-cut issue. Complex issues like shared fault, multiple parties involved, or third-party liability may arise. A motorcycle accident lawyer can navigate these complexities and ensure that you receive a fair settlement.

Disputes with Insurance Companies

Insurance companies may dispute or deny your claim, delaying or denying the compensation you deserve. If you encounter difficulties with your insurance company, it’s time to seek the expertise of a motorcycle accident lawyer to protect your rights.

Unclear Insurance Policies

Insurance policies can be complex and filled with fine print. Motorcycle accident lawyers can interpret your insurance policy, and make sure you understand your coverage so that you can pursue the maximum compensation available.

Time Limitations

Many states have strict time limits, known as a statute of limitations, for filing personal injury claims. If you wait too long, you may lose your right to seek compensation. A motorcycle accident lawyer can ensure that you meet all deadlines and take the necessary steps to preserve your claim.

Defective Motorcycle or Equipment

If your motorcycle accident was caused by a defective motorcycle or faulty equipment, you may have a product liability claim against the manufacturer. A motorcycle accident lawyer can help you pursue this type of claim, holding the manufacturer accountable for their faulty product.

Limited Coverage

In some no-fault insurance states, you may have limited coverage that restricts your ability to sue for pain and suffering unless you meet certain criteria. A motorcycle accident lawyer can evaluate your case and help you navigate these restrictions to maximize your compensation.

Uninsured or Underinsured Motorists

If the at-fault party is uninsured or underinsured, you may need to make a claim against your own insurance policy. A motorcycle accident lawyer can assist you in seeking compensation through your uninsured or underinsured motorist coverage.

When you are involved in a motorcycle accident, the guidance of a skilled motorcycle accident lawyer is often invaluable. They play a vital role in investigating the accident, establishing liability, negotiating with insurance companies, calculating damages, representing you in court, and handling all the necessary legal paperwork. Knowing when to seek the help of a motorcycle accident lawyer is crucial, particularly when dealing with serious injuries, complex liability issues, disputes with insurance companies, unclear insurance policies, time limitations, defective equipment, limited tort coverage, or uninsured/underinsured motorists. By partnering with a dedicated lawyer, you can increase your chances of receiving the compensation you deserve and focus on your recovery during this challenging time.

Call Our Law Firm After Your Motorcycle Accident Injury

Call The New York Personal Injury & No-fault Collections Law Firm if you or someone you love has been injured in a motorcycle accident, consult with a personal injury attorney to explore your legal options, and pursue the compensation you are entitled to. We are equipped with the knowledge and expertise to help you build a strong case tailored to your unique circ*mstances.

Consulting with anexperienced personal injury attorneycan help you navigate the complexities of your case and work toward a fair resolution, whether through negotiation or litigation. Road safety is a shared responsibility, and by understanding the common types of motorcycle accidents, we can all contribute to safer roadways for everyone. We will be your advocates, ensuring your rights are protected and that justice is served.Contact our client-centered practicetoday.

What Does a Motorcycle Accident Lawyer Do? – TonaLaw (2024)

FAQs

What ability should the best motorcycle accident lawyer have? ›

A top-notch motorcycle accident lawyer should have a deep understanding of California's motorcycle laws and regulations, extensive experience handling personal injury cases, strong negotiation skills, and the willingness to take your case to trial if necessary.

What is the average settlement for a motorcycle accident in Texas? ›

In Texas, the average payout for a motorcycle accident claim is right around $200,000. Given the limited physical protections that motorcycles provide in comparison to cars, the average settlement amount is substantially higher than that of an average car accident.

What should you do if you are a victim of a motorcycle accident? ›

What Should You Do After a Motorcycle Accident?
  1. Prioritize Your Safety and Health. ...
  2. Contact the Authorities. ...
  3. Gather Information. ...
  4. Document the Scene. ...
  5. Seek Medical Attention. ...
  6. Report the Accident to Your Insurance Company. ...
  7. Consult with an Attorney. ...
  8. Preserve Evidence.
Aug 21, 2023

How much are most motorcycle accident settlements? ›

Common California Motorcycle Accident Settlement Amounts
Severity of AccidentAverage CA Motorcycle Accident Settlement
MinorApproximately: $10,000-$50,000
ModerateApproximately: $50,000-$150,000
SevereApproximately: $150,000-$500,000+
Sep 12, 2023

Who is most often at fault in motorcycle car crashes? ›

A car or truck driver is more likely to be at fault for a motorcycle-related crash. According to the National Highway Traffic Safety Administration (NHTSA), most multi-vehicle motorcycle accidents happen when another driver doesn't see a motorcycle rider.

What percentage does a lawyer get in a settlement case in Texas? ›

How Much Do Lawyers Take From Settlement In Texas? Personal injury lawyers in Texas typically charge a contingency fee of between 33% to 40% of the final settlement. Each lawyer's fee can range, so it's important you speak with your legal representative upfront about this cost.

What is the maximum injury compensation in Texas? ›

There a caps on damages with a TTCA claim. The maximum amount that can be recovered from the state for a single occurrence is $250,000 per person and $500,000 per occurrence for personal injury or death. For property damage, the maximum recovery is $100,000 per occurrence.

How long does a personal injury settlement take in Texas? ›

In some cases, a personal injury case may settle in a few months if it's relatively straightforward and both parties are eager to resolve it. However, if a lawsuit is filed and a case goes to trial, it may take several years to reach a conclusion.

What happens to the body after a motorcycle accident? ›

Motorcyclists can suffer whiplash in an accident when their neck “whips” back and forth after the impact of the crash. Serious neck injuries can cause damage to the spinal cord, resulting in paralysis. A rider's face is vulnerable to cuts and burns, resulting in permanent scars and disfigurement.

How long does it take to recover from a motorcycle accident? ›

Recovering From a Motorcycle Accident

Minor injuries such as scrapes, bruises, and mild sprains may only require a few days to a couple of weeks to heal. However, more serious injuries such as broken bones, internal injuries, and head trauma can take weeks, months, or even years to fully recover from.

What to do immediately after a bike accident? ›

Document Your Bike Accident Injuries

Seek immediate medical attention for your accident-related injuries, even if they're minor. The fact that you sought medical attention will serve as proof that you were injured, and medical records will document the extent of those injuries.

What is a major factor in motorcycle accident? ›

Loss of control, speeding and impaired driving are the leading motorcycle accident causes, all resulting from a multitude of factors that, when analyzed, reveal both preventable and uncontrollable causes.

How do you get over a motorcycle accident? ›

Here are some tips to help you manage fear and anxiety after a motorcycle accident.
  1. Seek Medical Attention. A doctor or mental health professional can assess your symptoms and help you determine the best course of treatment. ...
  2. Seek Emotional Support. ...
  3. Take Time to Rest. ...
  4. Stay Active. ...
  5. Practice Relaxation Techniques.
Mar 15, 2023

What type of motorcycle is involved in the most accidents? ›

Super-Sport and Superbikes

Super-sport bikes are the fastest and the most dangerous motorcycle types to control. IIHS statistics show 1,169 fatalities involving this bike type in 2021, accounting for 20% of all motorcycle fatalities, despite making up only 6.3% of registered motorcycles!

What are the odds of having a motorcycle accident? ›

The National Highway Traffic Safety Administration records that about 72 out of every 100,000 motorcycle riders will experience a crash, which is . 07% of bikers.

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