Motorcycle accidents often result from other drivers’ negligence, such as failing to yield the right-of-way, distracted driving, speeding, or making unsafe lane changes. These actions can cause drivers to crash into motorcyclists, leading to serious injuries.
The length of a motorcycle accident lawsuit varies. Still, it typically takes several months to a few years, depending on factors like the case’s complexity, whether a settlement is possible, and court schedules. Some cases may settle quickly, while others may go to trial.
An experienced motorcycle accident attorney can guide you through the legal process, gather evidence, negotiate with insurance companies, and represent your interests in court. Their skill ensures you receive fair compensation for all your injuries and damages.
Types of Injuries That Occur in Motorcycle Crashes
Motorcycle accidents, especially those that result from other negligent drivers, can result in a wide range of injuries. These injuries often vary in severity, but some categories are more common than others.
- Head Injuries – Head injuries are among the most serious consequences of motorcycle accidents. Even with a helmet, motorcyclists are at risk of traumatic brain injuries (TBIs), concussions, or skull fractures. When other drivers fail to yield or make unsafe lane changes, motorcyclists can be thrown off their bikes, leading to head injuries. Wearing a helmet significantly reduces the risk of severe head trauma, but it cannot eliminate the danger entirely.
- Fractures and Broken Bones – Motorcycle accidents frequently lead to broken bones. Legs, arms, ribs, and collarbones are commonly fractured when riders are thrown from their bikes or collide with other vehicles. The force of impact can cause bones to break, often requiring surgery or lengthy rehabilitation. In some cases, fractures may result in permanent disability.
- Road Rash – Road rash refers to skin abrasions caused when a rider slides along the pavement after falling off a motorcycle. These injuries can be severe, often covering large areas of the body. While road rash may not be life-threatening, it can lead to significant pain, infection, and scarring. The severity depends on the speed of the crash and the rider’s protective gear.
- Spinal Injuries – Spinal cord injuries are among the most catastrophic outcomes in motorcycle accidents. These injuries can lead to partial or full paralysis, depending on the location of the injury. Spinal injuries often result from high-impact crashes where the rider is thrown or hit with great force. Treatment for spinal injuries is complex and may involve surgery, physical therapy, or long-term care.
- Internal Injuries – Internal injuries, such as damage to organs like the lungs, liver, or kidneys, can occur when a motorcyclist is hit or thrown into another object. These injuries can be difficult to detect immediately, making them particularly dangerous. Internal bleeding and organ damage require urgent medical attention and can be life-threatening if left untreated.
Common Causes of Motorcycle Crashes
Negligent drivers are a leading cause of motorcycle accidents, and their careless behavior on the road often results in serious injuries or even fatalities for motorcyclists. There are several ways that drivers’ negligence contributes to motorcycle crashes. Some of the most common ways are below.
Failing to Yield Right-of-way
One of the most common causes of motorcycle crashes is drivers’ failing to yield the right-of-way to motorcyclists. This negligence typically happens at intersections when a car makes a left turn in front of an oncoming motorcycle. The driver may not see the motorcyclist or underestimate their speed, causing a collision. Since motorcycles are smaller and more difficult to spot, this negligence is particularly dangerous for riders.
Distracted Driving
Distracted driving is another major factor in motorcycle collisions. Drivers who are texting, talking on the phone, adjusting their radio, or engaging in other distractions are less likely to notice motorcycles on the road. Distracted driving can lead to drivers changing lanes without checking their mirrors or failing to notice a motorcyclist approaching. A distracted driver may swerve into a motorcycle’s path, resulting in a dangerous crash.
Speeding
Excessive speed is a common cause of accidents in general, but it is especially hazardous for motorcyclists. When a driver speeds, they have less time to react to sudden changes in traffic, such as a motorcyclist slowing down or stopping unexpectedly. Speeding also increases the severity of collisions, which can be life-threatening for motorcycle riders. In many cases, speeding drivers fail to properly judge the stopping distance needed when a motorcyclist is in front of them.
Running Red Lights or Stop Signs
Drivers who run red lights or fail to stop at stop signs pose a significant risk to motorcyclists. Motorcyclists often have less time to react when a car runs a light or sign, making it more likely they will be involved in a crash. This type of negligence is especially dangerous in urban areas with heavy traffic, where motorcycle riders may not have many places to safely maneuver or avoid a collision.
Improper Lane Changes
Many motorcycle accidents occur when drivers change lanes without signaling or checking their blind spots. Because motorcycles are smaller, they can be harder to spot, especially if the driver is not paying close attention. A sudden lane change can force a motorcyclist off course or directly into another vehicle, leading to a crash.
What Happens During Motorcycle Accident Litigation?
Motorcycle accident litigation is a legal process that begins when a rider seeks compensation for injuries or damages caused by a crash. The process can involve multiple stages, including filing a lawsuit, discovery, settlement negotiations, and, if necessary, a trial or alternative dispute resolution (ADR) proceeding.
Filing the Lawsuit: The litigation process begins when the injured motorcyclist (the plaintiff) files a lawsuit against the at-fault party (the defendant), which typically occurs after attempts to resolve the matter through insurance claims have failed. The lawsuit must be filed in the appropriate court and include a complaint that outlines the plaintiff’s allegations, such as negligence or reckless driving, and the damages sought (e.g., medical bills, lost earnings, pain and suffering).
Discovery: Once the lawsuit is filed, both parties enter the discovery phase, where each side gathers evidence to support their case. Discovery can involve exchanging documents, taking depositions, and conducting investigations. During depositions, both parties question witnesses and experts under oath. This questioning helps each side understand the other’s position and the strengths or weaknesses of the case.
In motorcycle accident cases, lawyers may call experts such as accident reconstructionists or medical professionals to testify on the crash’s cause or the extent of the injuries.
Settlement Negotiations – Before going to trial, both parties may engage in settlement negotiations. Often, the defendant’s insurance company will offer a settlement to avoid the time and expense of a trial. The plaintiff’s attorney will evaluate the offer based on the injuries, damages, and the likelihood of success at trial. If both parties agree on a settlement amount, the case is resolved without going to trial. However, the case proceeds to trial if the parties do not reach a fair settlement.
Trial: If the case goes to trial, both parties present their evidence before a judge or jury. The plaintiff’s attorney will argue that the defendant’s negligence caused the accident, while the defense will try to reduce liability or shift blame. After both sides present their cases, the judge or jury will deliberate and render a verdict. If the plaintiff wins, they will receive compensation for their injuries and damages.
Alternative Dispute Resolution (ADR): In some cases, the parties may opt for ADR, such as mediation or arbitration, to resolve the case outside of court. Mediation involves a neutral third party helping the parties reach a settlement, while arbitration involves an arbitrator who makes a binding decision. ADR can be faster and less costly than a trial.
Factors That Affect the Length of a Motorcycle Accident Lawsuit
The length of a motorcycle accident lawsuit can vary based on several important factors. These factors influence how quickly or slowly the case moves through the legal process. Here are the key elements that determine how long a lawsuit may take:
- Complexity of the Case – If the accident involves serious injuries, multiple parties, or complicated legal issues, the case will likely take longer. For example, determining who was at fault can sometimes involve extensive investigation and expert testimony.
- Medical Treatment and Recovery – A motorcycle accident lawsuit often depends on the injured person’s medical recovery. The more serious the injury, the longer it can take for doctors to determine the full extent of the damage. Lawyers typically wait until the medical treatment is complete to assess the total cost of damages, which can delay the case.
- Insurance Company Involvement – The negotiations between your attorney and the insurance company can also affect the timeline. Sometimes, insurance companies offer settlements quickly, but at other times, they may dispute the claim or delay payments, extending the case. If the case goes to trial because an agreement can’t be reached, it will take longer.
- Court Scheduling and Availability—The availability of court dates and the judge’s schedule also affect how long a case lasts. In busy court systems, it can take months to get a trial date, which can delay the process.
- Cooperation of Parties Involved – If the other party or their insurance company is uncooperative, the case may drag on. Delays can occur if the defendant fails to respond to legal requests or refuses to settle.
How Much is a Motorcycle Accident Lawsuit Worth?
The value of a motorcycle accident lawsuit can vary widely depending on several factors, including the severity of the injuries, the extent of damages, and the circumstances surrounding the accident. When determining how much a lawsuit is worth, it’s important to consider both economic and non-economic damages that a plaintiff may be entitled to recover.
Medical Expenses
One of the most straightforward types of loss is reimbursement for medical bills. Medical bills include hospital stays, surgeries, doctor visits, medications, physical therapy, and any future medical care needed as a result of the accident. If the injuries are severe and require long-term treatment, the total medical expenses can be significant, raising the overall value of the lawsuit.
Lost Income
If a motorcyclist is out of work due to their injuries, they can seek compensation for lost income. This compensation includes both the income the rider has already missed and any future earnings they may lose due to permanent disability. For example, if a person cannot return to their previous job or needs to switch to a lower-paying position due to the injuries, they may be entitled to compensation for the difference in earnings.
Pain and Suffering
Non-economic damages, such as pain and suffering, are another key component of compensation. These damages are harder to quantify because they cover the physical and emotional pain resulting from the accident. The more severe the injuries, the higher the potential pain and suffering award. Mental anguish, loss of enjoyment of life, and the effect on daily activities are also considerations in determining this value.
Property Damage
Motorcycle crashes often result in damage to the bike itself. The value of the motorcycle and any other personal property damaged in the crash can be part of the lawsuit. This compensation may cover the repair costs or the fair market value of the motorcycle if it is totaled.
Emotional Distress
In some cases, emotional distress damages may be available, especially if the accident causes long-lasting psychological effects such as anxiety, depression, or post-traumatic stress disorder (PTSD). These damages compensate the rider for the emotional toll the accident has had on their life.
Speak with an Experienced Motorcycle Accident Lawyer Today
If you sustained injuries in a motorcycle crash due to a negligent driver, you deserve full compensation for your losses. The good news is that a knowledgeable attorney can support you throughout every stage of your case. At the Robinette Legal Group, PLLC your lawyer will aggressively negotiate with insurance company representatives, represent you in court, and pursue the maximum compensation to which you are entitled.
While cases might take time, patience can often result in the full financial recovery you deserve. Start the process today with a free consultation with a personal injury attorney.
Jeffery Robinette was admitted to practice law in 1991 and is licensed in all levels of state and federal trial courts in West Virginia. Mr. Robinette is also licensed in all state and federal appeals courts in West Virginia and the United States Supreme Court. As a National Board Certified Trial Attorney who has handled hundreds of motor vehicle, injury, and construction defect claims and a leading author on insurance claims settlement issues and difficulties in West Virginia, Jeff Robinette is uniquely qualified to represent your best interest.
