Motorcycle accidents can result in significant injury, and even death, because riders are mostly left unprotected, except for helmets and other coverings. Such accidents will likely require the expertise of an experienced personal injury lawyer with a good track record who can help you or a loved one who suffered injuries.
It’s important to consult with a reputable lawyer after an accident to determine what compensation you may be entitled to from the person who is responsible. Your lawyer can handle the paperwork so you do not have to learn how to file a motorcycle accident claim.
There are a number of factors that go into determining how much you should be compensated after a motorcycle accident, including:
- Who is at fault for the accident?
- How bad are the injuries suffered?
- What insurance coverage is available for compensation?
- How bad is the bias against motorcycles?
How much would a jury award in a motorcycle accident?
A personal injury lawyer considers what a jury might award an injured motorcycle rider and how much the responsible party is willing to pay. This is called “valuing” the case. The two main factors in valuing the case are the extent of the rider’s injuries and other losses, and how likely a jury is to find the responsible party at fault.
Some losses in an accident case, referred to as damages, include medical bills, lost wages, and pain and suffering. While medical bills and lost wages are fairly objective, the estimate for pain and suffering is more subjective. Pain and suffering can depend on the:
- Type and severity of injuries
- Type and amount of medical treatment needed
- Possibility of long-term effects after the accident
- Impact of injuries on daily life
Other factors impacting damages
The effect of the accident on the victim is also a key factor in valuing losses. A permanent injury, for example, on an otherwise active person could increase damages because the victim suffered a loss of quality of life. An injury that does not impact the victim’s ability to work will probably not add to the damages owed.
A personal injury lawyer will also consider the likelihood that the person responsible for the accident will be found liable. For example, if there is little or no example to prove fault, this can hurt the value of the accident claim. A motorcycle accident claim may be more likely to go to trial if the person responsible believes there is doubt about who is at fault.
If insurance is available and the person responsible for the accident has no other assets, the settlement in such a case will probably not exceed the insurance limits. Even if a jury awards an accident victim more than the limits, it is no guarantee that the award can be recovered if the person responsible does not have any assets.
How bias impacts motorcycle accident claims
An experienced personal injury lawyer understands that some people are biased against motorcycles. If they are on a jury, they may believe that the motorcycle rider in some way shares fault for the accident, even if they don’t. To avoid the challenge of facing jurors who may not treat a motorcycle accident victim fairly, experienced lawyer knows they must establish a solid case for their client that can overcome this hurdle. Insurance companies know this bias exists, too, and this can lead them to offer smaller settlements than they would to victims of vehicle crashes.
