Motorcycle accidents differ from any other type of accident on the road. Unlike other vehicles, such as cars, a motorcycle offers its rider almost no protection, resulting in a severe — if not deadly — impact. While a helmet and protective gear can help reduce the impact of a crash, it can’t protect riders from being thrown from their bike, nor can it entirely prevent trauma to the head or face.
If you’re in a motorcycle accident, you may be entitled to file a motorcycle accident claim to recover compensation for your injuries.
Speaking of injuries, it’s not uncommon for motorcyclists to suffer broken bones, spinal injuries, traumatic brain injuries, road rash, facial and dental trauma, and more. Amputation is also a serious risk for motorcyclists, as bikers can trap a limb beneath their motorcycle and suffer restricted blood flow.
There’s no doubt about the danger a motorcycle accident poses, and it’s backed up by evidence from the National Highway Traffic Safety Administration (NHTSA). According to data, riding a motorcycle is far more dangerous than driving a car, with motorcyclists four times more likely to sustain injury and 29 times more likely to die in a crash compared to car passengers.
With motorcycle accidents so inherently dangerous and the potential for motorcyclists to sustain severe injuries, victims can face hefty medical bills, substantial time off work, and ongoing pain and anguish. In some cases, victims may be left permanently disabled, which impacts every aspect of their life, from their ability to work and form relationships to their independence.
But motorcyclists injured on the road don’t have to suffer the financial burden alone. A compensation claim can allow motorcycle accident victims to recover past and future lost wages and medical expenses and additional damages for pain, suffering, and the impact of their injuries on their quality of life.
But how do you file a motorcycle accident claim?
In this guide, we explain everything you need to know.
Each section explores a key element of a motorcycle accident, from the common causes of motorcycle accidents and what to do afterward to the big question: how much compensation can you expect after your motorcycle accident?
Navigating the complexities of filing a motorcycle accident claim is not easy, but this ultimate guide will help you understand what to expect during the process.
How to File a Motorcycle Accident Claim: The Complete Guide
What Are the Main Causes of Motorcycle Accidents?
Determining why an accident happened is vital when filing a motorcycle accident claim.
Understanding the cause of the accident helps a motorcycle accident lawyer determine who is liable and, therefore, who is responsible for compensating the victim.
If a car driver causes a motorcycle accident because they are driving while intoxicated or distracted, they may be liable for the motorcyclist’s injuries.
However, if the motorcycle accident is caused by an auto defect and doesn’t involve any other motorists, a completely different party — such as the manufacturer of the faulty part — might be liable.
We look at the most common causes of motorcycle accidents.
Making Sense of Texas Motorcycle Helmet Laws
With 8.6 million registered motorcycles in the United States, you might assume that most — if not all — of them wear a helmet when they’re on the road.
But you might be surprised to find that’s not the case.
Despite motorcycle helmets offering vital protection against head trauma in an accident, not all states mandate that riders wear a helmet. As a result, not all motorcyclists do.
But what do the motorcycle helmet laws say, and can you file a motorcycle accident claim if you were not wearing a helmet? We answer your questions.
What to Do After a Motorcycle Accident?
Your actions immediately after a motorcycle accident play a huge role in your chances of securing compensation.
You need to be very careful with what you do and say after your accident, which can be difficult when you’re vulnerable and likely in a lot of pain. Innocent actions like foregoing a doctor’s appointment because you can’t afford treatment or posting a social media update online to tell your friends and loved ones that you’re okay could be used against you and derail your compensation claim.
This resource outlines the five key steps you should take after a motorcycle accident.
What Is a Texas Crash Report and Why Do You Need It?
To successfully recover compensation after filing a motorcycle accident claim, you need to meet the burden of proof. Ultimately, you need to show the accident was caused by the negligent or reckless actions of another.
But what evidence can prove that?
After an accident on the road, the police will arrive and compile a crash report document. This report comprises a full overview of what happened, who was present, and — most importantly — the key factors that contributed to the accident. These contributory factors include driver inattention, cell phone use, and road rage. As the crash report can identify when the other party has engaged in these behaviors, it can form a vital part of your case.
We look at why your Texas crash report is so important, how you can get a copy, how to read it, and how to dispute it if it’s incorrect.
How Much Compensation Will I Get for a Motorbike Accident?
How much compensation can you expect from a motorcycle accident claim? In this blog, our Texas personal injury lawyers answer that question.
We can never guarantee an exact settlement, as personal injury claims are complex and dependent on several factors. However, we can explain what those factors are and how the severity of your injuries and the strength of your evidence impact your claim.
In this blog, we look at the three different types of “damages” you may be entitled to and how the specifics of your case influence how much of each you might receive.
11 Questions to Ask a Personal Injury Lawyer Before Hiring Them for Your Case
As with any legal action, filing a motorcycle accident claim is complicated. Gathering evidence, negotiating with insurance companies, and navigating legal jargon can be stressful, tedious, and intimidating. That’s why it’s always wise to consult a dedicated motorcycle accident lawyer. But how do you choose the right personal injury lawyer to represent you?
Before settling on an attorney, you should find out what types of cases they’ve worked on, what settlements they’ve negotiated in cases similar to yours, and what will happen if you choose to go to trial.
Ask a personal injury lawyer these questions so that you know your case is in good hands.
Personal Injury Court Procedure: What to Expect if You Go to Trial
Personal injury cases rarely go to trial, but there are advantages to taking your motorcycle accident claim before a judge and jury. If the insurance company of the person or party liable for your motorcycle accident refuses to budge on an unfair settlement offer — and you have a strong case — you might decide a trial is worth the risk. If successful, you could receive a far more substantial compensation payout than any figure previously on the table.
Of course, going to trial is also a risk, as the jury may find that you shouldn’t receive any compensation. This blog examines how many personal injury cases reach the trial stage and what to expect.
If you’re looking for a motorcycle accident lawyer in McAllen or San Antonio, get in touch with Patino Law Firm today for a free, no-obligation case review. We’ll ask you some questions about your accident and give you an idea of how much you could receive in compensation and how long your claim might take. Get started today by filling in the contact form or calling 855-LAW-NINJA.