Why You Should Hire a Motorcycle Accident Attorney

For the millions of motorcyclists on America’s roads, the feeling of the open road is irresistible. But it can also be risky out there: According to the National Highway Traffic Safety Administration (NHTSA), approximately 80% of reported motorcycle crashes result in injury or death, compared to just 20% for car accidents.

If you or a loved one has been in a motorcycle crash, the medical bills and other costs can really add up. This is when you should consider working with a motorcycle accident attorney to seek financial compensation.

What does a motorcycle injury attorney do?

A motorcycle injury attorney specializes in representing clients involved in motorcycle accidents. They provide expert legal guidance and handle the complexities of personal injury claims, helping accident victims get fair compensation. If you’ve been in a motorcycle accident, your attorney and their legal team can do the following:

• Negotiate a fair settlement with the insurance company to cover extensive medical treatment, motorcycle repairs, and other intangible damages
• Advise on your legal rights and options
• Collect evidence and work with experts to prove the negligence of the at-fault driver
• Calculate different types of damages—including medical expenses, lost wages, and pain and suffering—to calculate the value of your claim
• Represent you throughout the process, including court proceedings if necessary.

The benefits of hiring a motorcycle accident lawyer

Motorcycle attorneys are a type of personal injury attorney, which means they’re specialized in handling these types of cases. This is what they bring to the table:

Expertise in traffic and automobile laws

Auto accident lawyers—whether for car or motorcycle accident cases—will understand the complexities of things like traffic laws and helmet regulations in your area. They’ll also know how to prove fault in a motorcycle accident based on the laws of your state. For example, they’ll know how comparative negligence laws can affect your case. Their expertise helps you get the compensation you deserve for your injuries.

Experience gathering evidence

Building a strong motorcycle accident lawsuit depends on gathering strong evidence. A motorcycle accident attorney will know how to read a police report, understand medical records, and analyze accident scene photos and traffic camera footage to reconstruct the scene. They’ll even collect witness statements if possible. All of this helps you get more financial compensation.

Ability to negotiate with the insurance company

Your insurance company may try to minimize your payout to protect themselves. Insurance adjusters are skilled at reducing settlement offers, and they’ll sometimes undervalue your claim. You need a motorcycle accident attorney to communicate on your behalf, present evidence, and negotiate with the insurance company to ensure your losses are covered.

Motorcycle accident attorneys can help ensure you receive fair compensation

Before you can argue for fair compensation, you need to know what “fair” means. Calculating damages for a motorcycle accident claim is complex, especially when you consider noneconomic damages. A motorcycle accident lawyer will understand the full scope of what you’ve lost and know how to use expert testimony to quantify pain and suffering, emotional distress, and loss of enjoyment of life.

What financial compensation can I receive after a motorcycle accident?

Fair settlements after motorcycle accidents take into account both economic and noneconomic damages.

Economic damages may include the following:

• Property repair or replacement: Compensation for damage to your motorcycle and other personal property.
• Medical expenses: Immediate and ongoing medical treatment costs, including surgeries, hospital stays, doctor visits, and prescription medications.
• Rehabilitation therapy: Costs for physical and occupational therapy to aid in recovery.
• Lost income and future earnings: Immediate wages lost due to time off work during recovery, as well as potential future earnings lost due to long-term disability.
• Transportation costs: Expenses for traveling to medical appointments or therapy sessions.

Non-economic damages aren’t based on set financial amounts, so they’re harder to calculate—but just as important. For example:

• Physical pain and suffering: Compensation for ongoing physical pain and suffering.
• Mental and emotional trauma: Addressing psychological impacts such as anxiety, depression, and PTSD.
• Diminished quality of life: Impact on your ability to enjoy the same daily activities and hobbies you did before the accident.
• Loss of relationships: Impact on your relationships with family and friends, including loss of companionship or wrongful death.
• Permanent impairment: Compensation for any permanent disfigurement or disability caused by the motorcycle accident.

What’s the average motorcycle accident settlement amount?

The average motorcycle accident settlement amount can range from tens of thousands of dollars into the millions. It’s based on the specifics of each case, and many factors can influence the final settlement, such as the severity of injuries, total financial losses, and long-term impacts on the person’s life.

In a motorcycle accident that resulted in severe injuries or wrongful death, settlements can reach into the hundreds of thousands or even millions of dollars. An experienced attorney will be able to give you a more accurate estimate based on the unique details of your situation.

Can you win a motorcycle accident lawsuit without a lawyer?

You can pursue a motorcycle accident case without a lawyer, but having one increases your chances of receiving fair compensation. Legal processes can be complex and must be completed within the statute of limitations. Plus, insurance companies often aim to minimize payouts and without legal representation, you might end up accepting a lower settlement.

If you’re not sure whether you need a motorcycle or car accident lawyer, there’s a compromise: Schedule an online consultation with a personal injury attorney through LegalZoom to get advice on how to move forward.

How to find the best motorcycle accident lawyer

As you start your search, it can feel like there are lots of motorcycle and car accident lawyers out there. To find the best match, you can:

• Ask around. Start by asking family, friends, and other motorcyclists you know for recommendations. If someone you know has had a positive experience, that’s a good indication of a reliable, experienced personal injury attorney.
• Contact your local bar association. Local and state bar associations have detailed directories of licensed personal injury lawyers, including their specialties, credentials, and disciplinary records. They also may be able to refer you directly.
• Use LegalZoom’s online directory. Our user-friendly directory makes it easy to find motorcycle accident lawyers online. With detailed profiles and client reviews, it’s a great place to find highly rated, qualified attorneys.  

FAQs

How long do I have to file a lawsuit after a motorcycle accident?

The time limit to file a motorcycle accident claim, known as the statute of limitations, typically ranges from one to three years, depending on the state. Building a motorcycle accident case can take time, so consult with an attorney as soon as you can.

What evidence should I collect after a motorcycle accident?

First, call the police out to the scene so they can make an official report. Since motorcycle accidents often involve falls, it’s a good idea to be evaluated by EMS on the scene—which can also help with injury documentation. Take photographs and video of the motorcycle accident, vehicle damages, and any injuries. Don’t forget to include details of the scene—such as stop lights, weather conditions, and traffic—in your videos. You should also take statements from any witnesses and get their contact information. 

Who is usually at fault if a motorcycle is involved in an accident?

Fault in a motorcycle wreck varies depending on the circumstances. It can be the motorcyclist, another driver, or even both parties. Factors like speeding, reckless driving, failure to yield, and impaired driving are often assessed. Your auto accident lawyer will conduct a thorough investigation.

Can I still recover compensation if I was partially at fault for the accident?

Yes, you can sometimes still recover compensation even if you were partially at fault, depending on your state's laws. Many states follow comparative negligence rules, which allow you to recover damages proportionate to your degree of fault, as long as you’re less than 50% at fault. For example, if you’re found 25% at fault, you can still recover compensation equal to 75% of your damages. A motorcycle accident lawyer can help you navigate these laws.

What happens if I hit a motorcyclist?

If you hit a motorcyclist, first check if they’re injured and get medical help if necessary. Exchange information with the motorcyclist, gather evidence from the scene, and report the accident to the police and your insurance company. Legal consequences for motorcycle accidents depend on who was at fault, but you could face liability for damages.