Motorcycle accidents often result from negligent drivers who fail to pay attention to road conditions, ignore traffic laws, or drive recklessly. Common causes include distracted driving, speeding, failing to yield the right-of-way, and not checking blind spots. These actions put motorcyclists at high risk as they are more vulnerable than drivers of larger vehicles.
A skilled motorcycle accident attorney can help by investigating your accident circumstances, gathering evidence, and determining fault. They will also handle all negotiations with insurance companies and fight for the fair compensation you deserve.
How Do Negligent Drivers Cause Motorcycle Crashes?
Negligent drivers cause many motorcycle collisions through a variety of dangerous behaviors that put motorcyclists at risk. Motorcycles are smaller and less visible than other vehicles, so when drivers act carelessly, the consequences can be severe. The following are some of the main ways negligent driving leads to motorcycle accidents.
- Failing to Yield the Right-of-way – One of the most common causes of motorcycle accidents is when drivers fail to yield the right-of-way to motorcyclists. For example, a driver making a left turn without seeing an oncoming motorcycle can lead to a crash. Since motorcycles are smaller, they can be harder to spot in traffic, especially if drivers are not paying close attention or are distracted.
- Distracted Driving – Drivers who are texting, talking on the phone, or engaging in other distractions are less likely to notice a motorcyclist. Distracted driving can lead to dangerous situations, such as when a driver changes lanes without checking for a motorcycle or a driver failing to stop at a red light. When drivers are distracted, they may not react quickly enough to avoid a collision.
- Speeding – Excessive speed is another major factor in motorcycle accidents. Drivers who speed have less time to react to unexpected situations, such as a motorcycle slowing down or a car stopping in front of them. Speeding can also reduce the effectiveness of a driver’s braking ability, making avoiding a crash more difficult.
- Running Red Lights or Stop Signs – Disregarding traffic signals or stop signs is a dangerous behavior that often leads to accidents. A driver who runs a red light or stop sign may collide with a motorcyclist who has the right-of-way. These crashes are often high-speed and can cause severe injuries to the rider.
- Failing to Check Blind Spots – Drivers often fail to check their blind spots before changing lanes, which is especially dangerous for motorcyclists. Motorcycles can be hidden in a driver’s blind spot, and if the driver does not look carefully before moving over, they may side-swipe or collide with a motorcycle.
- Aggressive Driving and Tailgating – Some drivers engage in aggressive behaviors, like tailgating or weaving through traffic. These actions increase the likelihood of a collision, especially with a motorcycle, as it gives both the driver and motorcyclist less time to react to sudden changes in traffic.
Injuries in a Motorcycle Accident
Motorcycle accidents can lead to a wide range of injuries, both physical and mental, due to the vulnerability of motorcyclists in crashes. Unlike car drivers, motorcyclists have little protection in the event of a collision, which makes them more likely to suffer severe or even life-threatening injuries. Below are some of the most common types of injuries and the effects they have on victims.
Physical Injuries
Head and Brain Injuries: One of the most serious injuries in a motorcycle crash is head trauma. Even when wearing a helmet, riders can still suffer from concussions, skull fractures, or traumatic brain injuries (TBIs). A TBI can have long-lasting effects, including memory problems, difficulty concentrating, and mood changes. In some cases, it can result in permanent disability.
Spinal Cord Injuries: The impact of a motorcycle crash can cause serious damage to the spinal cord, leading to partial or total paralysis. These injuries often result in a lifelong need for medical care and can severely affect a victim’s quality of life. Spinal injuries can affect a rider’s ability to move or feel parts of their body below the point of injury.
Broken Bones and Fractures: Riders who are thrown from their motorcycles or collide with objects often suffer broken bones, particularly in the legs, arms, ribs, and pelvis. Fractures may require surgery, long-term physical therapy, and a lengthy recovery period. In some cases, broken bones can lead to permanent disability.
Road Rash: When a motorcyclist is thrown to the ground, they may slide along the pavement, causing severe abrasions or “road rash” on their skin. These injuries can be painful and prone to infection, often requiring wound care and skin grafts in severe cases.
Internal Injuries: Motorcycle crashes can also result in internal bleeding or damage to organs such as the liver, kidneys, or lungs. Internal injuries are particularly dangerous because they may not be immediately apparent, making timely medical treatment essential.
Mental Injuries
In addition to physical injuries, many motorcycle accident victims suffer from mental or emotional trauma. Post-traumatic stress disorder (PTSD), anxiety, and depression are common among those who have experienced a serious crash. These mental health challenges can significantly affect a person’s recovery and overall well-being.
Medical Treatment
The medical treatment for motorcycle accident victims often involves a combination of emergency care, surgery, rehabilitation, and long-term therapy. Victims may need to undergo surgeries to repair fractures or internal injuries, followed by extensive physical therapy to regain strength and mobility. Mental health treatment, including counseling and support groups, may also be necessary to help victims cope with the psychological effects of the accident.
Qualities of a Good Motorcycle Accident Attorney
When looking for a good motorcycle accident lawyer, finding someone who has the right qualities to effectively represent you and handle the legal process is important. Motorcycle accidents can lead to serious injuries, and a knowledgeable lawyer can make a significant difference in obtaining the compensation you deserve. The following are some key qualities to look for in a good motorcycle accident lawyer.
- Experience and Skill – A good motorcycle accident lawyer should have experience handling personal injury cases, particularly those involving motorcycle accidents. A lawyer with a proven track record in these cases will know how to build a strong case on your behalf.
- Knowledge of Motorcycle Safety Laws – Since motorcycle laws can vary by state, it’s essential that your lawyer is knowledgeable about local traffic laws and insurance rules. They should be able to use this knowledge to your advantage in court, especially when dealing with issues like liability and fault.
- Strong Communication Skills – A good lawyer should be a strong communicator, both in and out of the courtroom. They should be able to explain complex legal terms in a way that you can understand and keep you informed throughout the entire process. You also want a lawyer who listens carefully to your concerns and asks the right questions to build the best case possible.
- Compassion and Empathy – Motorcycle accidents can be traumatic, both physically and emotionally. A good lawyer should show genuine care for your well-being and understand the challenges you are facing. They should be compassionate, willing to offer support, and focused on your recovery – not just the financial outcome.
- Negotiation Skills – Many personal injury cases are settled outside of court. A skilled lawyer should be a skilled negotiator who can work with insurance companies and other parties to get you a fair settlement. They should also be willing to take your case to trial, if necessary, to secure the best possible outcome.
- Availability and Accessibility – A good lawyer should be easy to reach and responsive to your questions or concerns. You want an attorney who is available to discuss your case when you need them and who will keep you updated on any important developments.
Ways a Motorcycle Accident Attorney Can Assist with Your Case
A qualified motorcycle accident attorney can be an important ally in handling the legal procedures of a claim or lawsuit. Following an accident, victims often face not only physical and emotional recovery but also the difficult task of dealing with insurance companies, medical bills, and legal procedures. Here are some of the key ways a knowledgeable attorney can assist with your motorcycle accident claim or lawsuit.
Investigating the Accident
One of the first things a motorcycle accident attorney will do is investigate the accident thoroughly. They will gather evidence such as police reports, witness statements, photos of the scene, and medical records. This evidence helps establish who was at fault and strengthens your case. They may also work with accident reconstruction experts to analyze the crash and determine how it occurred.
Handling Insurance Companies
Dealing with insurance companies can be one of the most stressful parts of an accident claim. Insurance adjusters often try to minimize payouts or deny claims altogether. A qualified attorney knows how to negotiate with insurance companies to ensure that you receive the compensation you deserve. They will handle the paperwork, communicate with the insurers, and ensure that deadlines are met.
Determining Liability
In motorcycle accidents, determining liability can be complicated. A lawyer will examine all the evidence to identify who is at fault for the crash. The at-fault party can include the other driver, a defective road condition, or even a problem with the motorcycle. By identifying all potential sources of liability, the attorney can ensure that all responsible parties are held accountable.
Calculating Damages
A skilled attorney will work with medical professionals, economists, and other experts to calculate the full extent of your damages. These damages include not just immediate medical bills but also long-term care costs, lost income, and pain and suffering. By accurately calculating the damages, the attorney ensures you are not shortchanged by an unfair settlement.
Representing You in Court
If your case goes to trial, a motorcycle accident lawyer will represent you in court. They will prepare your case, present evidence, and argue on your behalf. Having an experienced attorney in the courtroom increases the likelihood of a favorable verdict.
Providing Emotional Support
Motorcycle accident attorneys often offer emotional support by guiding you through the entire legal process. They can answer questions, ease your concerns, and provide peace of mind, allowing you to focus on your recovery.
Types of Compensable Damages in a Motorcycle Accident Case
In a motorcycle accident case, injured victims may be entitled to compensation to help cover the financial and emotional repercussions of the accident. These losses are generally classified into two main categories: economic damages and non-economic damages. Compensation for these damages serves to address the different ways an accident can affect a victim’s life.
Economic Damages
Economic damages are intended to compensate for the financial losses and expenses directly resulting from the motorcycle accident. These damages are tangible, measurable costs that can be documented. Some common examples of economic damages include:
- Medical Expenses – Victims of motorcycle accidents often face significant medical costs, which can include emergency treatment, hospital stays, surgeries, medication, rehabilitation, and long-term care. Economic damages can help cover both current and future medical expenses.
- Lost income – If the accident causes the victim to miss work due to injury or recovery, they may be entitled to compensation for lost earnings. In cases where the victim is permanently disabled and unable to return to their job, the compensation may also cover future lost earning capacity.
- Property Damage: If the victim’s motorcycle or other personal property was damaged in the crash, they may be entitled to compensation for repairs or replacement costs. This compensation can include damage to the motorcycle itself or any personal items, such as clothing or helmets.
- Out-of-pocket Expenses – In addition, victims may incur other expenses related to the accident, such as transportation to medical appointments or home care services. These costs can also be included in economic damages.
Non-Economic Damages
Non-economic damages are intended to compensate for the emotional, psychological, and physical toll the accident has taken on the victim. These damages are more difficult to quantify but are no less important. Common types of non-economic damages include:
- Pain and Suffering – Pain and suffering includes the physical pain, discomfort, and distress that the victim experiences as a result of their injuries. Pain and suffering can be long-lasting, especially if the injuries are severe or permanent.
- Emotional Distress – Motorcycle accident victims may suffer from anxiety, depression, or PTSD due to the trauma of the accident. Emotional distress damages help compensate for the mental anguish the incident caused.
- Loss of Consortium – If the accident affects the victim’s relationship with their spouse or family members, they may be entitled to compensation for the loss of companionship, affection, or support.
Call an Experienced Motorcycle Accident Lawyer Right Away
If you sustained injuries in a motorcycle crash, a knowledgeable personal injury attorney at Robinette Legal Group, PLLC will work hard to maximize the compensation you receive. Your attorney can aggressively negotiate on your behalf with insurance company settlement adjusters or fight for your rights while litigating your case in the court system.
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.
