Get Full Compensation for Your Injuries With an Experienced Motorcycle Accident Attorney While any motor vehicle collision poses a potential for injury, motorcycles can be especially dangerous because of a motorbike’s unique design characteristics. The instability of motorcycles increases the probability that a motorcycle will be in a collision. Motorcycles are also relatively small, so […]
While any motor vehicle collision poses a potential for injury, motorcycles can be especially dangerous because of a motorbike’s unique design characteristics. The instability of motorcycles increases the probability that a motorcycle will be in a collision. Motorcycles are also relatively small, so they can maneuver into areas where drivers of passenger cars do not expect them. Since motorcycles also lack the safety equipment of passenger cars, like airbags, a reinforced passenger compartment, and seat belts, riding enthusiasts also tend to suffer serious or even catastrophic injuries when they are the victims of crashes caused by unsafe drivers of cars, trucks, and other motor vehicles. When a rider suffers permanent disability or disfigurement, the physical, financial, and emotional impact of a crash can take a devastating toll on the victim and their family. When this happens, a skilled motorcycle accident injury lawyer like the ones at Parker Waichman LLP can help by handling your legal claim and fighting to get you the fair compensation you deserve, so you can focus on your rehabilitation and recovery.
Drivers who are speeding, intoxicated or distracted endanger everyone on roadways, but a wealth of evidence shows the special threat they pose to motorcycle enthusiasts. Motorcycle crashes claim the lives of more than 4,000 people every year, and motorcycle riders are 27 times more likely to be killed in a collision than passenger car drivers on a per-mile-driven basis, according to data from the federal government. Although traffic-related fatalities have declined in recent years because of motor vehicle safety innovations, twice as many people died in motorcycle crashes during a recent 12-month period than during the same time period 18 years earlier.
Motorcycles lack the protective benefits of cars, but helmets can make a significant difference in the outcome of a crash. Because impact to the head is the most frequent cause of fatal injuries for motorcyclists, helmet use often saves riders’ lives. Motorcycle helmets are 37 percent effective in preventing fatalities and 67 percent effective in the prevention of brain injuries, according to the National Highway Traffic Safety Administration (NHTSA).
When motorcycles are involved in multi-vehicle accidents, the other driver typically causes the collision by violating the rider’s right-of-way, according to the Hurt Report, a famous study that analyzed motorcycle accident risks and causation factors. A motorcycle rider typically has less than two seconds to compensate for an error or the inattention of a passenger car driver. The rider also cannot engage in the same exaggerated countermeasures, such as slamming on the brakes or oversteering, to avoid a collision. Some of the practices of other drivers that cause motorcycle accidents include:
A news report posted on chronline.com states that fatal motorcycle accidents increased in 2020, according to accident data provided by the Washington Traffic Safety Commission (WTSC) and the state Department of Licensing (DOL). The news article reports that Washington officials are urging motorists of all types of vehicles two drive safely and share the road.
The month of May is National Motorcycle Safety Awareness Month. State and local law enforcement, along with safety advocates, are reminding drivers to watch out for motorcyclists. The number one cause for motorcycle accidents is drivers failing to see an approaching motorcyclist and then pulling out in front of the motorcyclist, causing a collision. Motorcyclists are reminded to use their high beams during the day and to wear bright clothing or vests with reflective material and fluorescent orange in color to make themselves more visible to other motorists.
According to the news report, 2019 and 2020 had over 90 fatal motorcycle accidents in the state of Washington. These were the highest number of fatal motorcycle accidents recorded in a single year since 1982. The increased number of fatal motorcycle accidents over the past two years is a tragic trend being reported throughout the United States.
Shelly Baldwin, Director of the Washington Traffic Safety Commission, states that the WTSC is very concerned about the high number of fatal motorcycle accidents, in the commission is working hard to prevent future motorcycle accident deaths. Ms. Baldwin is asking all motorcyclists to improve their driving skills through motorcycle safety training and for automobile drivers to look out for motorcycles. She is also urging all to ride or drive sober and obey the speed limits.
Crash data from the Washington Traffic Safety Commission (WTSC) and the state Department of Licensing (DOL) show that about 2/3 of all fatal motorcycle accidents involve another motor vehicle. The other main contributing factors leading to fatal motorcycle accidents include unsafe driving by the motorcyclist, including speeding, failing to navigate curves, driving under the influence of alcohol or drugs, or improper passing. The number of lives that could be saved each year would be significant if drivers would look out for motorcyclists and motorcyclists drove more defensively.
Brian Jackson, the assistant administrator of the Department of Licensing in Washington, stated that the DOL continues to be committed to motorcycle safety, motorcycle operator training, and working with other safety and law-enforcement agencies to improve motorcycle safety in the state of Washington. Mr. Jackson believes that reoccurring training, making good decisions while driving, and driving within their skill will help riders stay safe on roadways.
Chris Johnson, trainer and owner of Washington Safety Training, stated that in 2020, many people purchased motorcycles and took motorcycle safety courses due to the coronavirus pandemic.
According to the National Highway Traffic Safety Administration (NHTSA), the number of reported motorcycle accident fatalities throughout the United States decreased by .5% from 5,038 in 2018 to 5,014 in 2019. However, according to the average vehicle mile traveled in 2019, motorcyclists were approximately 29 times more likely than motor vehicle passengers to be involved in a fatal accident and four times more likely to receive serious injuries.
While the negligent driver of another vehicle often will be the financially responsible party, there are situations where the best motorcycle accident attorney might need to consider the liability of third parties. Potential defendants besides the other driver might include:
Third-party liability can be especially important when you suffer severe injuries, as the insurance coverage of the other driver might not be adequate to fully compensate you for your loss. The other driver might even be uninsured. That’s why it’s important to work with the best motorcycle accident lawyer, one who will conduct a thorough investigation and determine all potential defendants who may owe you compensation.
Despite the widespread popularity of motorcycles with people from all walks of life, antiquated notions of motorcyclists as “bad boys” and “risk-takers” must be understood and overcome in litigation. These biases often lead witnesses to overestimate the speed of a bike or to assume a rider was engaging in high-risk activity. The best motorcycle accident attorney near you will take this into account.
These inherent biases and misconceptions can even impact law enforcement crash reports. Riders frequently experience severe injuries that require that they be immediately taken to the hospital by ambulance. Since the investigating officer often relies heavily on witness statements when drafting an accident report, the conclusions frequently favor the driver and passengers in the other vehicle, who are more likely to be available to provide their version of events. While the police report may not be admissible evidence in a personal injury or wrongful death trial, the officer’s testimony will generally conform to the findings and conclusions in the report. A good motorcycle accident injury attorney anticipates these issues and will use effective cross-examination of witnesses, discovery tools, and expert testimony to prevail in the face of these preconceived notions.
Motorcycle helmet use affects both rider safety and litigation strategies. Riders who do not survive a motorcycle crash most typically suffer a fatal brain injury. A study published in Injury Epidemiology found that motorcycle injury health care costs and the rates of head, brain, and facial injuries were substantially lower in states that had universal helmet laws. The study also found that riders were more than twice as likely to be wearing a helmet during a crash in states that require all riders to use an approved helmet when compared to states with partial helmet laws. States that have eased universal helmet requirements in recent years have seen increases in motorcycle accident fatalities and hospitalizations, which reinforces the safety benefits of strapping on a helmet.
Evidence regarding helmet use would not be relevant if a plaintiff’s injuries did not include an injury to the head or neck. However, the insurance company and/or defendant will argue for a reduction in a motorcycle accident victim’s recovery based on comparative fault if the plaintiff suffered an injury that could have been prevented by use of an approved helmet.
The harm experienced by a motorcyclist involved in a collision because of a negligent driver will include both tangible and intangible damages. Proving tangible damages like lost wages, diminished earning capacity, medical bills, and vehicle repairs requires obtaining documents like payroll records, medical bills, and repair/replacement estimates. Sometimes, forensic accountants, vocational counselors or other experts are needed to quantify future lost income to a sufficient degree of certainty.
Negligence law also permits motorcycle injury victims to be compensated for intangible losses that are more difficult to quantify. This type of damages includes compensation for pain and suffering, mental anguish, loss of consortium, and even punitive damages in cases of egregious conduct. These damages are more subjective in their calculation. Persuasive advocacy from a motorcycle crash attorney who can help a judge or jury understand the level of physical and emotional suffering the victim was forced to endure and the fundamental ways the plaintiff’s life has been negatively impacted can dramatically affect the damage award.
While no two motorcycle accidents are identical, certain injuries are more common in motorcycle collisions.
Our motorcycle crash and injury attorneys recognize that clients have options when retaining legal representation. While the victim in a negligent rider case can technically retain any attorney to handle the matter, this does not mean that each motorcycle injury attorney is equally qualified to effectively litigate your personal injury claim. There are several ways that choosing the best motorcycle attorney might affect the outcome of your insurance claim or lawsuit.
Since each lawsuit has its own unique set of circumstances, there is no standard amount of time that it will take to reach a settlement. Some claims may be resolved within 30 days, whereas others could take months or even a year or more. In order to gain a more accurate estimate of how long your claim may take, be sure to speak to an experienced motorcycle injury lawyer at Parker Waichman.
As with most motor vehicle accidents, the major causes of motorcycle accidents are speeding, reckless driving, and driving while under the influence of alcohol. Any one of these three factors significantly increases the chances of an accident.
Survivors of a motorcycle wreck are most likely to experience injuries to their head and/or neck, such as concussions or skull fractures. If left unchecked, injuries like these can lead to chronic suffering, so it is important that you are checked out by a doctor as soon as possible. Due to the shock of being involved in an accident, some internal injuries may not present symptoms for days or weeks after the crash.
The most dangerous maneuver that other vehicles can make for motorcycle riders is undoubtedly a left turn. Cars turning left and colliding with a motorcycle that is driving straight through an intersection make up 42% of all accidents that involve both a car and a motorcycle.
If you are involved in a motorcycle accident, you should take the same steps that you would if you were involved in a car crash. This means collecting the information of all parties involved, notifying the authorities, getting checked out by a doctor as soon as possible, and filing a claim with your insurance company. Then, call a motorcycle wreck attorney for a free case evaluation.
Yes, it is possible to develop PTSD after being involved in a motorcycle accident. In fact, you don’t even have to be involved in the accident to suffer PTSD from it. Those who witness someone being seriously injured or killed in an accident can also suffer from PTSD symptoms later on.
The value of any motorcycle accident personal injury claim can vary widely, so there’s no one right answer to this question. How much your claim is worth will depend on the severity of your injuries, the financial impact of these injuries, and other factors.
The average motorcycle accident settlement payout is around $200,000.
Our clients recognize the advantages of being represented by attorneys who have more than 350 years of collective experience. But at Parker Waichman, our attorneys know that clients want more than masterful legal skills and centuries of experience: They want results, and we’ve delivered to the tune of more than $2 billion and counting. Each of our clients also gets the attention they need: You won’t be passively shuffled from attorney to attorney or from attorney to support staff when you work with us. We’ll focus on keeping you informed and demystify the litigation process at all stages of your case.
When you choose Parker Waichman, you’ll be choosing a top law firm with a stellar reputation with clients, judges, and our fellow attorneys. We’ve earned numerous honors for our work, from a listing in Best Lawyers to an “AV Preeminent” rating from Martindale-Hubbell to a near-perfect 9.8 out of 10 from AVVO. But while these accolades are nice, our real reward is seeing that justice is done for our clients.
If you’ve been injured in a motorcycle accident, don’t leave your case to just anyone. Trust a motorcycle accident lawyer near you who can get results. Our national motorcycle accident law firm represents clients throughout New York and across the U.S., and we provide free consultations with absolutely no obligation, so you have nothing to lose by giving us a call. Contact us at 1-800-YOUR-LAWYER (1-800-968-7529) or fill out our case inquiry form today to get started.