Motorcycle Accident Lawyers
What is a Motorcycle Accident Lawyer?
A motorcycle accident lawyer is a lawyer who specializes in handling motorcycle accident cases. A motorcycle accident case can be different from a regular vehicle accident case and your lawyer will be aware of those differences and how to best present your case.
Motorcycle accidents occur just as frequently, if not more frequently, than other types of accidents. In motorcycle accidents, however, the driver is more likely to sustain injuries, and such injuries are often more severe than those resulting from a passenger car accident.
Motorcycle accidents are in the legal category of personal injury, which is a subcategory of tort law. It is important to note that motorcycle laws can vary by state, so having a knowledgeable motorcycle lawyer on your case will improve your chances of recovering monetary damages.
Why is it Important to Have a Motorcycle Accident Lawyer?
As previously noted, motorcycle accidents can be more devastating to the driver than vehicle accidents. Having a motorcycle accident lawyer on your case will help you get the monetary damages necessary to compensate you for your injuries. Since these accidents often cause more serious injuries, it is likely to cost more to treat and rehabilitate the injured driver.
A motorcycle lawyer will be familiar with the local motorcycle laws in your area. Your lawyer will be able to review your case and determine exactly what compensation is necessary. A lawyer will also represent you during any court proceedings, if you are required to present your case in court.
It is important to note that in some accident cases, especially those involving commercial vehicles, the defendant will want to reach a settlement with the plaintiff, or injured party. While it may be tempting to accept an amount of immediate cash, it may not be sufficient to compensate you for your injuries. An attorney can help you negotiate a settlement that meets your needs.
What are Some Other Issues Related to Motorcycle Accidents?
As discussed above, motorcycle accidents differ from vehicle accidents. A motorcycle driver is much more likely to be injured in an accident. Having an awareness of the most common causes of motorcycle accidents may help you avoid an accident or seek recourse after an accident causes injury. Common causes of motorcycle accidents include:
- Head-on collisions, which often result in fatalities;
- Left turn accidents, in which it may be difficult to determine fault;
- Lane splitting, which is illegal in some jurisdictions;
- Speeding and DUI; and
- Road hazards, such as potholes, uneven lanes, or objects on the road.
If a motorcycle accident occurs as a result of road hazards, the entity that is responsible for maintaining the roadway may be liable for your injuries. The is dependent upon whether the entity had notice of the hazardous condition and if they took any action to prevent or repair it.
An important issue in motorcycle riding and accidents is the use of a helmet. There are currently 19 states that require all motorcyclists to wear motorcycle helmets when riding. Other states have different requirements, usually based on age. There are 3 states that have no helmet laws, including:
- Iowa; and
- New Hampshire.
If you have an accident in a state that requires you to wear a helmet, your ability to recover for damages may be reduced in the event of an accident. Even if your state does not require a helmet, it is important to wear one for your own safety.
Another common issue that arises in motorcycle accident cases in lane splitting. This involves the motorcycle riding in between lanes of vehicles. This can be dangerous for the rider, as they can be in a blind spot and not seen by other drivers. Some states have laws expressly prohibiting lane splitting, while others do not.
What are the Benefits of Hiring a Motorcycle Accident Lawyer?
There are numerous benefits of hiring a motorcycle accident lawyer. Motorcycle accident cases can involve a large amount of damages, especially in cases of severe injuries. It is essential to have a lawyer on your side to ensure you receive sufficient compensation.
You may be able to file a negligence claim against a driver who caused your injuries. Negligence occurs when an individual does not exercise the same ordinary care that a reasonable person would in the same situation, such as not speeding in a rainstorm.
In some cases, recovery for a motorcycle accident is processed through an insurance claim, especially if no other cars were involved. However, if the accident involved multiple vehicles, a lawsuit may be necessary.
A monetary damages award is intended to cover expenses like hospital bills, lost wages, and loss of future income. The amount of recovery will, of course, depend on the nature of the crash, the injuries sustained, and state laws.
No matter if your case is negotiated with an insurance company or in a court of law, a lawyer can be an invaluable resource. There will be legal nuances that the average citizen is not aware of that their lawyer can use to obtain a larger damages award, especially when negotiating with insurance companies.