The freedom of motorcycle riding sometimes clashes with the stark reality that riders face serious consequences when things go wrong. Motorcycle crashes can carry severe consequences, physically and legally.
Working with an experienced personal injury attorney at Clear Counsel Law Group is essential when confronting the difficulties of a motorcycle crash. The aftermath of a crash can be a maze of insurance claims, gathering evidence, negotiating with the opposing party, and fighting for fair compensation. For a rider, finding an attorney who understands the nuances of motorcycle crashes can make all the difference.
Real Riders Relate
Cars Often Overlook Motorcycles
Motorcycles, owing to their decreased size and increased maneuverability, are frequently overlooked or ignored by other drivers. These oversights lead to situations where a driver fails to recognize a motorcycle until evading a crash becomes impossible. Establishing driver oversight in a court of law can be challenging, especially when a driver contends that the rider was moving too swiftly to be noticed. With the assistance of experts, hard scientific evidence can be scrutinized to solidify the rider’s case.
Unsafe Road Conditions Are Catalysts for Motorcycle Crashes
While road hazards such as debris, wet surfaces, or small objects might be minor nuisances for cars, they can be major hazards for a motorcycle. They can compromise stability, leading to devastating crashes. Municipalities bear the duty of ensuring that roadways are safe for all users, including bikers. It’s unjust for a rider to bear the blame for a crash triggered by significant oversights, such as unattended potholes, and absent or unsecured construction warnings (signs, cones, barriers).
Improper Maintenance Costs Riders
Negligent service personnel can compromise the safety of a motorcycle through improper repairs or failing to notice critical issues. Faulty brake systems, unstable wheels, not tightening oil plugs, or malfunctioning electronics can lead to unpredictable performance on the road. Such lapses can directly cause crashes, putting riders at grave risk.
Motorcycle Crashes Result in Profound Injuries
Unlike car occupants, motorcyclists don’t benefit from a surrounding protective structure. Hence, when involved in a crash, they are susceptible to severe injuries, given their direct exposure to external forces. Medical professionals can validate the authenticity of these injuries, emphasizing the financial assistance needed to recuperate from immediate and long-term damages.
Why Hire a Motorcycle Crash Attorney
Hiring a motorcycle crash attorney should be a top priority when dealing with the aftermath of an accident. Experienced attorneys have a wealth of resources at their fingertips. They know experts who can provide testimony or reconstruct the crash scene, offering critical insights that can bolster your claim. They understand the legal jargon, paperwork, and procedures, ensuring that your rights are represented.
Financial concerns post-accident can be daunting. A compassionate motorcycle crash attorney fronts the costs of the case, meaning they’ll cover expenses until you receive your settlement. This approach can alleviate immediate financial stress, allowing you to focus on recovery.
Riders with an attorney secure higher settlements than those without. They work to ensure that you are adequately compensated for medical bills, property damage, and trauma. Having a motorcycle crash attorney by your side means you have an advocate, equipped with knowledge and resources, fighting for your best interests. The insurance company will have lawyers working against you, don’t go into court undefended.
Insurance Company Strategies for Motorcycle Crashes
Uncovering the facts and demonstrating them clearly should be the goal of any crash investigation. Experienced personal injury attorneys know how to prevent insurance companies and authorities from swaying the court into villainizing motorcyclists as the default culprits.
Shifting Blame: A Common Tactic
It’s all too common for insurance companies to attempt to shirk their financial responsibilities by claiming, “Riding is inherently risky!” Attempting to dodge liability based on vehicle is baseless. Every individual possesses the same right to safety on the road, regardless of their (legal) mode of transport. When they allege that a better, more adept rider would have evaded the crash or pin the blame on the perceived risks of motorcycling, we fight for the rider. We fight for you.
Insurance Response and Responsibility
Dealing with insurance after a motorcycle crash can be a confusing, obtuse process. Insurance companies, driven by profit, often aim for quick turnarounds and to minimize payouts. For motorcyclists, this can mean facing skeptical adjusters who might try to leverage societal biases against riders or undervalue claims. The right representation can help motorcyclists navigate these murky waters, ensuring they receive fair compensation for their injuries and losses.
Laws Apply Equally to All Crashes
The laws governing motorcycle crashes are no different than those of automobiles. The challenge lies in demonstrating that the motorist’s negligence caused the injuries. Often, the negligent driving of the other vehicle (a car or truck) —speeding, failing to signal, or neglecting blind spots—results in the crash.
Should both parties share some fault, the court assesses the extent to which each contributed. In Nevada, the predominantly at-fault party will bear liability, but any compensation might be adjusted based on shared blame. It’s worth noting that absent any injuries, even with evidence of negligence from the other party, no claims can be pursued.
Motorcycle Crash Statistics
Motorcyclists suffer an average of 58 fatalities per 100,000 registered vehicles. This is 27 times higher than 10 suffered by occupants in a car. This stark disparity underscores the risks motorcyclists face every time they hit the road.
Common Causes of Motorcycle Crashes
About 1/3 of motorcycle crashes result from the negligence of car drivers failing to check blind spots as they turn or merge left.
Additionally, 25% of fatal crashes in 2020 were with fixed objects. Poor road conditions, like potholes or wet surfaces cause significant issues for motorcycles over other vehicles.
Incidents of a two-vehicle crash (where two vehicles collide) resulting in a rider fatality indicated that 76% of the time motorcycles were struck in the front.
Motorcycle Crash Injuries
Motorcycles, by their very nature, expose riders to elements that other motorists are shielded from. This direct exposure leaves motorcyclists susceptible to greater harm during crashes. In the event of a crash, the rider bears the brunt of the impact. This translates to a higher risk of serious injuries and fatalities. Even minor impacts, little more than cosmetic damage for cars, can be life-altering events for riders.
Road Rash: This refers to skin abrasions received when sliding across the pavement after a crash. Road rash can lead to severe skin infections if not treated properly.
Sprains and Minor Fractures: These injuries, while not life-threatening, often require weeks of rest and rehabilitation.
Traumatic Brain Injuries (TBIs): Even with a helmet, a rider can sustain significant impact to the head, leading to TBIs. These can alter cognitive and motor functions. Recovery from a traumatic brain injury can take years. Some victims never regain their pre-crash capabilities.
Spinal Cord Injuries: This can result in partial or complete paralysis, dramatically transforming the victim’s life. Recovery can be extensive, involving surgeries, long-term therapy, and adaptive equipment.
Multiple Bone Fractures: Owing to the sheer force of some crashes, multiple (sometimes compound) injuries can occur. These can require extensive medical interventions and prolonged healing durations.
Internal Injuries: Not all severe injuries are directly apparent. Internal injuries may not be noticed until hours or even days after a crash. These can cause disorientation and weakness, breathing issues, and organ failure.
The Emotional Toll: Beyond the visible scars and broken bones, motorcycle crashes often leave victims grappling with unseen psychological wounds. The trauma of a crash can lead to post-traumatic stress, anxiety, and depression. Recognizing and addressing these emotional and mental challenges is difficult in the direct aftermath of a crash.
Property Damage: Property is also damaged or destroyed in a crash. While less important than the recovery of a victim, the costs of losing property go beyond simple replacement. Loss of a motorcycle and other property can impact your ability to get to a job and other quality of life aspects.
What to Do After a Motorcycle Crash
- Prioritize Safety: If you can move and it’s safe to do so, relocate to a secure spot away from traffic.
- Call 911: Always report the incident to the authorities, ensuring there’s a record of the crash.
- Exchange Information: Obtain the other driver’s name, contact details, insurance information, as well as similar information from passengers. Get the names of witnesses and first responders too.
- Document the Scene: Take photographs of the crash site, damages to your motorcycle, any visible injuries, and other vehicles involved. Gather witness contacts, if possible.
- Seek Medical Attention: Even if injuries aren’t immediately apparent, seeing a medical professional is crucial. Some injuries manifest symptoms later, and early documentation aids in potential claims.
- Contact an attorney: Personal injury attorneys know what to do in the aftermath of a crash. They also know that time is crucial. The sooner you get an attorney involved, the more likely you will have a satisfactory outcome.
- Don’t Talk about the Crash: Insurance companies and authorities will be quick to fish for statements that shift fault onto you. Outside of providing required information on the scene, don’t talk. Let your attorney speak for you, that’s part of their job.
How Long Do You Have to File a Motorcycle Crash Claim
In Nevada, the state imposes a two-year statute of limitations for personal injury claims arising from vehicular accidents, including motorcycle crashes.
This means that from the date of the accident, a victim has a two-year window to file a lawsuit. If they fail to take action within this time, they lose their right to pursue any compensation.
For property damage claims, such as repairs for a motorcycle, the deadline extends to three years from the date of the crash.
What Affects a Motorcycle Crash Case Value?
Several elements influence the potential value of a motorcycle crash case.
- Fault and Negligence
- Types and Severity of Injury
- Compensation Components
Understanding Fault and Negligence
Negligence refers to the failure to exercise reasonable care under the circumstances. Establishing who is at fault is crucial to winning a motorcycle crash case. For motorcyclists, it’s not uncommon to face the stereotype of “reckless rider.”
Opposing parties might argue that speeding, weaving between lanes, or not wearing appropriate protective gear contributed to injuries. Many accidents happen because of car drivers’ negligence – failing to signal, not checking mirrors, or even driving under the influence.
Nevada is a modified comparative negligence state. This means a case can be brought as long as you are less than 50% at fault. Simply put, if you’re found partially at fault for the crash, your compensation can be reduced by your percentage of fault. For instance, if you’re awarded $100,000 but found to be 20% at fault, you’d receive $80,000.
Compensation Components
After a motorcycle crash, victims may pursue compensation for various damages. There’s a distinction between economic and non-economic damages. Both are crucial for helping victims rebuild their lives post-crash.
Economic damages are tangible and can be calculated.
Examples of Economic Damages
- Medical bills
- Loss of income
- Property damage
Non-economic damages, on the other hand, are intangible.
Examples of Non-economic Damages
- Pain
- Suffering
- Emotional distress
- Decreased quality of life
Restoring Balance
Motorcycle crashes, with their intricate blend of physical, emotional, and legal challenges, require a multifaceted approach. Proper legal representation is indispensable. An experienced motorcycle crash attorney can adeptly handle insurance claims, collect vital evidence, engage in negotiations, and champion the cause of just compensation.
Attorneys at Clear Counsel Law Group fight to ensure the safety of our shared roads and help victims navigate the aftermath of any unfortunate incident. Always remember to ride safe, ride smart, and know your rights.