15 Common Motorcycle Accident Questions and Answers

|

Shaaban & Biedgoly

Motorcycle accidents can be life-altering events, often leading to serious injuries and complex legal situations. If you’ve been involved in a motorcycle accident, you likely have questions about what to do next and how to protect your rights. Below, we’ve answered 15 of the most common motorcycle accident questions to help guide you through this challenging time. This comprehensive guide is optimized to provide clarity while ensuring that key aspects of your case are addressed.

1. What Should I Do Immediately After a Motorcycle Accident?

Following a motorcycle accident, prioritize your safety and health. Move to a safe location if possible, but avoid removing your helmet until medical professionals arrive, as this could exacerbate certain injuries. Call 911 to report the accident and seek medical attention. Document the scene by taking photos of the motorcycle accident site, vehicle damage, and any injuries. Exchange contact and insurance details with other parties involved, and gather witness information. Lastly, if the police refuse to come to the scene to make a collision report, file a police report as soon as possible to ensure there is an official record of the incident.

2. Should I Seek Medical Attention After a Motorcycle Accident?

Motorcycle accidents often result in severe injuries, some of which may not be immediately apparent. Seeking medical attention ensures that injuries like internal trauma, concussions, or spinal damage are diagnosed and treated promptly. Additionally, medical records are critical evidence if you pursue a personal injury claim. Delaying treatment can harm your health and weaken your case.

3. Should I Contact a Motorcycle Accident Lawyer Right Away?

Yes, it’s highly recommended to consult a motorcycle accident lawyer as soon as possible. An experienced lawyer can help you navigate the legal complexities of your case, deal with insurance companies, and ensure that you receive fair compensation. Early legal advice can also prevent mistakes that could jeopardize your claim.

4. What Are Common Causes of Motorcycle Accidents?

Some of the most common causes of motorcycle accidents include:

  • Distracted driving by other motorists
  • Failure to yield to motorcycles
  • Speeding
  • Unsafe lane changes
  • Driving under the influence of drugs or alcohol
  • Poor road conditions, such as potholes or debris

A motorcycle accident lawyer can help determine the specific cause of your accident and identify liable parties.

5. How Is Fault Determined in a Motorcycle Accident?

Fault in a motorcycle accident is determined by examining evidence such as police reports, witness statements, traffic laws, and accident scene photographs. In some states, comparative negligence laws apply, meaning each party’s level of fault is assessed. A motorcycle accident lawyer can help gather and present evidence to prove the other party’s liability.

6. What Compensation Can I Receive After a Motorcycle Accident?

After a motorcycle accident, you may be eligible for compensation to cover:

  • Medical Expenses: Current and future medical bills, including surgeries, therapy, and medications.
  • Lost Wages: Compensation for income lost due to time off work.
  • Property Damage: Repair or replacement costs for your motorcycle.
  • Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life.
  • Wrongful Death: Compensation for families who have lost a loved one in a motorcycle accident.

A motorcycle accident lawyer can calculate the full value of your claim to ensure you are adequately compensated.

7. What If the Driver Who Hit Me Doesn’t Have Insurance?

If the at-fault driver is uninsured, you may still be able to recover damages through your uninsured motorist (UM) coverage, if included in your insurance policy. UM coverage can help pay for medical bills and property damage. Consulting a motorcycle accident lawyer can help you explore additional legal options to recover compensation.

8. How Long Do I Have to File a Claim After a Motorcycle Accident?

The time limit to file a claim, known as the statute of limitations, varies by state. In California, the statute of limitation is 2 years from the date of the accident to file a lawsuit for bodily injury, and 3 years for property damage. Missing this deadline can bar you from recovering damages, so consult with a motorcycle accident lawyer promptly to protect your rights.

9. What Should I Avoid Saying to Insurance Companies?

When dealing with insurance adjusters, avoid admitting fault, speculating about the accident, or downplaying your injuries. Insurance companies often aim to minimize payouts, so it’s best to stick to factual information and avoid making recorded statements without consulting a motorcycle accident lawyer.

10. Can I Still Recover Compensation If I Was Partially at Fault?

Yes, in many states, you can still recover compensation even if you share some fault for the accident. Under comparative negligence laws, your compensation is reduced by your percentage of fault. For example, if you are found 20% at fault, you can still recover 80% of your total damages. A motorcycle accident lawyer can help determine how fault impacts your case.

11. What Should I Do If the Other Driver Flees the Scene (Hit-and-Run)?

In a hit-and-run motorcycle accident, try to record as much information as possible about the fleeing vehicle, such as its make, model, color, and license plate number. Report the incident to the police immediately. Your uninsured motorist coverage may help cover your damages. A motorcycle accident lawyer can assist in tracking down the responsible party and pursuing compensation.

12. How Long Does It Take to Settle a Motorcycle Accident Claim?

The timeline for settling a motorcycle accident claim depends on the complexity of the case, the severity of injuries, and the cooperation of insurance companies. Simple cases may settle in a few months, while more complex claims, especially those requiring litigation, can take years. A motorcycle accident lawyer can help streamline the process and ensure you receive fair compensation.

13. What Evidence Do I Need for a Motorcycle Accident Claim?

To strengthen your claim, gather the following evidence:

  • Police reports
  • Medical records and bills
  • Photographs of the accident scene, vehicle damage, and injuries
  • Witness statements
  • Traffic camera or dashcam footage
  • Insurance policy details

A motorcycle accident lawyer can help organize and present this evidence effectively.

14. Do I Have to Go to Court for a Motorcycle Accident Claim?

Not all motorcycle accident claims go to court. Many are resolved through negotiations and settlements. However, if the insurance company refuses to offer a fair settlement, your motorcycle accident lawyer may recommend filing a lawsuit. Even then, most cases are settled before reaching trial.

15. How Can a Motorcycle Accident Lawyer Help Me?

A motorcycle accident lawyer provides essential services, including:

  • Investigating the accident and gathering evidence
  • Communicating with insurance companies on your behalf
  • Calculating the full value of your damages
  • Negotiating settlements
  • Representing you in court if necessary

Their expertise ensures that you are fairly compensated for your losses and that your rights are protected throughout the process.

Conclusion

Motorcycle accidents can be devastating, but understanding your rights and options can make the recovery process more manageable. By taking the right steps and consulting a motorcycle accident lawyer, you can protect your interests and pursue the compensation you deserve.

If you or a loved one have any questions or need legal assistance following a motorcycle accident, contact Shaaban & Biedgoly for your free consultation!