Victims of motorcycle accidents may be able to receive compensation for both economic and non-economic damages. Economic damages include measurable losses like medical bills and lost wages, while non-economic damages, such as pain and suffering, can be more difficult to prove.

An experienced attorney can help you navigate the complexities of motorcycle accident laws, insurance issues, and other legal requirements. Duluth Motorcycle Accident Lawyer can ensure you don’t get cheated out of the full amount of your damages.

1. Duty of care

When you suffer severe injuries in a motorcycle accident, you are likely entitled to compensation from the careless party. However, obtaining this money requires that you demonstrate four elements: duty of care, breach of duty, causation, and damages. A Buzbee personal injury lawyer can help you establish these elements to get the compensation you deserve.

Every driver owes a duty of care to other drivers on the road. This means that the other driver must drive in a way that does not place you in danger, and they must obey traffic laws. Failure to do so is negligence, and it can lead to a motorcycle accident that causes you to sustain serious injuries.

To prove that the at-fault party breached their duty of care, your lawyer will first have to establish that they acted recklessly or negligently by failing to follow the rules of the road. This can be an act of commission, like speeding or driving while intoxicated, or an act of omission, such as turning on the radio before hitting a motorcyclist. Your lawyer must then show that the at-fault driver’s breach of duty directly caused your injuries. This can be done by establishing that their actions were the proximate cause of your accident, or by linking their actions to your injury, such as medical bills, lost wages, and noneconomic damages such as pain and suffering and physical impairment.

Other parties may be liable for a motorcycle accident, including the manufacturer of a defective motorcycle part, a repair shop that did not properly maintain your bike, or a road construction company that failed to ensure that the roadway was safe for motorcyclists. In cases that involve multiple parties, determining fault can become more complicated, especially when states employ comparative negligence standards.

Determining liability in a motorcycle accident can be difficult, but your legal team will work hard to compile evidence that supports your claim. We will also consult with medical experts to assess your injuries and determine the amount of compensation you are owed. Your lawyer will then submit this information to the insurance provider or to the court for a settlement.

2. Comparative fault

The determination of fault is an essential element of a motorcycle accident claim. The courts rely on evidence to assess the actions of both parties, including police reports, medical examinations, eyewitness statements, and traffic cameras. These factors help to establish whether or not a party breached their duty of care and caused the accident. The comparative fault principle is a critical legal factor in this process. It allows injured motorcyclists to recover compensation even if they are partially responsible for an accident.

To determine how much of the blame a party should take, jurors consider their contribution to the accident. For example, if a jury determines that Abby was 30% responsible for her accident with Brian, she would receive her damages award minus that percentage of fault. In this case, Abby’s injuries were worth $100,000, so her award would be reduced by $30,000.

However, it is important to note that comparative fault can reduce a person’s total damages. Moreover, some states follow a modified version of the principle, which only permits an injured motorcyclist to recover compensation if they are less than 50% at fault for the accident.

Determining comparative fault requires a thorough investigation of the accident and careful consideration of a variety of factors. A skilled motorcycle accident lawyer can use these findings to create a compelling case for minimizing your fault percentage.

Negligence in a motorcycle accident can lead to serious injury. Damages in these cases can include property damage to the bike and other personal items, lost wages from missing work, medical expenses, and pain and suffering. These damages can be substantial, especially for a victim who has suffered permanent or disfiguring injuries.

Unfortunately, motorcyclists sometimes face unfair bias in these cases. Due to the popular depiction of motorcyclists as renegades and rebellious thrill-seekers, it is not uncommon for people to assume that riders are dangerous or reckless. This can affect their ability to get fair compensation.

3. Helmet laws

As any motorcyclist knows, riding a motorcycle presents several risks. In addition to being at greater risk of fatal injury than occupants of passenger vehicles, riders are also more likely to sustain severe injuries. That is why the State of New York has enacted laws that require all motorcyclists to wear helmets. Failure to comply with these laws could adversely impact any personal injury lawsuit a rider may pursue.

In fact, studies have shown that states with universal helmet laws have lower rates of head injuries and death than those without such laws. Specifically, one study examined the head injuries sustained by motorcycle crash victims and found that unhelmeted riders were nearly three times more likely to suffer severe, life-threatening head injuries than those who wore a helmet. This is especially true in low-speed crashes where the majority of motorcyclists are injured.

Another study evaluated hospital discharge data comparing the 2 year period before and after a universal helmet law was passed in Barcelona, Spain. The results showed a significant decrease in the number of traumatic brain injuries, including subdural and epidural hematomas, that were diagnosed following the law’s implementation. The study concluded that the reduction in traumatic brain injury hospital admissions was directly linked to the helmet law and that approximately 35 lives were saved during the first two years of the law’s application.

A third study evaluated medical data from 33 states and compared the motorcycle fatality rate in those that did and didn’t have universal helmet laws, controlling for other factors, including minimum legal drinking age, road quality, percentage of rural roads, 0.08% blood alcohol limit, and population density. The authors found that states with universal helmet laws had 13.7% fewer deaths than those without such laws.

If you were not wearing a helmet when involved in a motorcycle accident, the at-fault driver’s insurance company will likely try to reduce your compensation by arguing that your injuries would have been less serious if you had worn a helmet. A skilled Long Island motorcycle accident lawyer can help you to combat this argument by presenting strong evidence that demonstrates how much safer you would have been with a helmet and by showing that your injuries are not the result of your own negligence.

4. Insurance

Motorcycles offer a thrill and sense of freedom, but they also provide less protection for the rider than other motor vehicles. Because of this, they are inherently more dangerous and may result in serious injuries or death in a crash. Fortunately, there are insurance policies that can help pay for the expenses associated with a motorcycle accident.

The most common method for obtaining financial compensation in a motorcycle accident case is to file a claim with the at-fault party’s insurance provider. However, this is a lengthy process and does not guarantee full compensation for your losses.

In addition, the at-fault party’s insurer may try to argue that you were negligent in some way, which could reduce or even bar your claim altogether. For example, not wearing a helmet is considered negligence because it shows that you do not have the skills and physical coordination to safely operate your motorcycle. Other forms of negligence include speeding, ignoring traffic laws, and lane-splitting.

Another option is to pursue a lawsuit against the at-fault party, but this requires hiring a lawyer and waiting for the outcome of your case. This can be a lengthy and expensive process, but it can yield higher monetary compensation for your losses.

When filing a lawsuit against an at-fault party, it is important to understand the limitations of your state’s statute of limitations. Most states give victims one to three years to file an injury lawsuit, and you will want to ensure that you do not miss this deadline.

It is also important to consider uninsured and underinsured motorist coverage, which can pay for your medical treatment, lost wages, and property damage if the at-fault driver has no or insufficient insurance. This type of coverage is typically included in your comprehensive or collision insurance policy. If you have custom parts or other non-stock components on your motorcycle, it is wise to obtain additional equipment coverage through your insurer in order to be fully protected. If you have any questions regarding your motorcycle insurance coverage, be sure to contact a professional insurance agent.