Motorcycles offer an exhilarating sense of freedom and adventure, but they also come with significant risks. Their open nature leaves riders more vulnerable in a crash than occupants of enclosed vehicles.
If you’ve suffered an injury in a motorcycle accident, an experienced motorcycle accident attorney can provide the support and direction you need during a challenging time. A lawyer can protect your rights as an injured rider and pursue favorable compensation on your behalf.
Understanding Motorcycle Accidents
Motorcycle accidents are some of the worst types of accidents for riders. Unlike other types of vehicles that offer protection to drivers, like seatbelts and airbags, motorcycles provide no safety should an accident occur.
Aside from resulting injuries, it’s also important to consider two key details following an accident: cause and liability. These two factors play significant roles in compensation claims, allowing you to pursue fair financial recovery for your injuries and losses.
Causes of Motorcycle Collisions
Motorcycle collisions can happen for various reasons but are often the result of driver negligence. Drivers who engage in dangerous driving behaviors increase their chances of colliding with motorcycles on the road. Some of the negligent actions that commonly cause motorcycle crashes include:
- Distracted driving
- Speeding
- Aggressive driving
- Unsafe lane changes and turns
- Failure to yield
- Running red lights and stop signs
- Driving under the influence
Along with driver negligence, other factors regularly contribute to motorcycle collisions, including hazardous road conditions, inclement weather, and defective or malfunctioning products.
Understanding the cause of your motorcycle crash is crucial, as it can provide insight into liability. Once you understand what caused your accident, you’ll know who is financially liable for your injuries.
Liability for Motorcycle Accidents
Determining who is at fault for your accident is necessary to ensure you seek compensation from the appropriate party. Liability is clear in some accidents, while it requires an investigation in others.
Parties that might be liable for your motorcycle accident include, but are not limited to:
- Drivers
- Governmental entities
- Maintenance companies
- Product designers and manufacturers
Only one party might be fully to blame for a motorcycle collision, but sometimes, multiple parties share fault. A car accident attorney can determine liability to pursue full and fair compensation for your injuries.
Common Motorcycle Accident Injuries
Depending on the details of the accident, a motorcycle accident can result in many different types of injuries. Still, the following are some of the injuries motorcycle riders most often suffer in collisions.
Head Injuries
Head injuries are particularly common for motorcycle riders, depending on state helmet laws. For example, in some states, only riders under 21 are legally required to wear helmets, whereas in states like Mississippi, all riders must wear helmets regardless of age.
It’s common for riders not required to wear helmets to ride helmet-free. This leaves motorcyclists open to serious head injuries, including the following.
Concussions and other Traumatic Brain Injuries (TBIs)
Concussions are the most common type of head injury. They can cause various symptoms, including temporary loss of consciousness, confusion, and headaches.
More severe traumatic brain injuries, like brain hemorrhages and diffuse axonal injuries, can result in long-term cognitive impairment, motor deficits, and behavioral issues.
Skull Fractures
A skull fracture is the brake in the skull bone. More severe skull fractures can potentially lead to brain damage if the fracture impacts underlying brain tissue.
Spinal Injuries
Spinal injuries affect the spine, a column of bones, and the spinal cord, a structure of nerves that carries signals from the brain to the rest of the body. These injuries can be particularly serious, often resulting in life-altering consequences.
Spinal Cord Injuries
Spinal cord injuries are among the most debilitating types of injuries sustained in motorcycle accidents. These injuries can result in partial or complete paralysis, affecting the rider’s ability to move or feel parts of their body. The severity of a spinal cord injury depends on the location and extent of the damage.
Herniated Discs
Herniated discs occur when the soft cushion between the vertebrae in the spine bulges out or ruptures, potentially pressing on nerves and causing pain, numbness, or weakness in the limbs. This condition can be extremely painful and may require surgical intervention.
Broken Bones
A motorcycle rider can suffer a fracture in almost any bone in the body, based on the collision’s severity. Among the many broken bones caused by motorcycle collisions, arm, leg, and pelvic fractures happen most frequently.
Arm and Leg Fractures
Motorcyclists commonly suffer from broken arms and legs due to their exposure and the force of impact during accidents. This can range from simple fractures to complex compound fractures where the bone breaks through the skin. Treatment often involves surgery, casting, and physical therapy.
Pelvic Fractures
Pelvic fractures can be particularly severe due to the complexity of the pelvic region and the potential for internal injuries. Such fractures can cause long-term complications, including issues with mobility and nerve damage.
Road Rash and Skin Injuries
The skin is often exposed for motorcycle riders, leaving them vulnerable to suffering severe injuries. Skin injuries can not only be particularly painful, but they can also leave permanent issues like scarring.
Abrasions and Lacerations
Road rash, or road burn, occurs when the skin is scraped away by contact with the road surface. These abrasions can vary from scrapes to deep, painful lacerations that may require extensive treatment and skin grafts. Even with protective gear, severe road rash can be a common injury for motorcyclists, especially when thrown off their bikes on impact.
Burns
Burns can result from contact with hot surfaces, chemicals, or fuel. Depending on the area, these injuries can range in severity and potentially require skin grafts and extensive rehabilitation.
Internal Injuries
Internal injuries affect the body on the inside. Depending on the circumstances, it’s not always obvious a motorcyclist has suffered internal injuries, making it imperative to seek a thorough medical evaluation following a collision.
Abdominal Injuries
Internal injuries to organs such as the liver, spleen, and intestines can occur in motorcycle accidents, particularly when there is significant impact or penetration. These injuries may cause internal bleeding and require surgical intervention.
Chest Injuries
Chest injuries, including rib fractures and damage to the lungs or heart, can be life-threatening and require urgent medical attention. Rib fractures, while sometimes appearing less severe, can lead to significant pain and complications, including pneumonia.
Psychological Injuries
Injuries from motorcycle accidents aren’t always just physical; they can be mental, too. The trauma of a motorcycle accident can lead to psychological injuries, such as post-traumatic stress disorder (PTSD). Symptoms may include flashbacks, anxiety, and depression. Psychological injuries can have a profound impact on a rider’s quality of life and ability to work.
The Importance of Seeking Medical Treatment After a Motorcycle Accident
Your health should come first following a motorcycle collision. Therefore, you should seek medical attention as quickly as possible.
While motorcycle accident injuries are often obvious, you may not fully realize the extent of your injuries without a medical evaluation. Allowing a healthcare professional to examine you can provide insight into your injuries and allow you to receive proper medical treatment immediately.
In addition, medical records play a big part in compensation claims after motorcycle crashes. The more complete your medical records, the more insurance companies and lawyers can see how your injuries have impacted your life, well-being, and finances.
Pursuing Compensation for Motorcycle Crash Injuries
Following a motorcycle crash, you have the right to pursue compensation as an injured rider. The path toward compensation depends on the circumstances of your accident.
Insurance Claim
If an insured motorist causes your accident, you can file a claim through their insurance. When you file an insurance claim, the insurance company investigates your accident, including the details of the collision and your resulting injuries and losses. Based on their findings, they’ll determine whether to approve or deny your claim.
If your insurance claim is approved, the insurance company provides a settlement offer. You can accept the offer and close out your claim. However, if the offer is lower than the true value of your damages, you can negotiate with the insurance company for a better settlement.
Should the insurance company deny your claim altogether, it doesn’t necessarily mean it’s the end of the road. You can rely on a motorcycle accident lawyer to appeal the decision or take legal action.
Depending on the outcome of your insurance claim, you may obtain fair compensation, or you may need to file a legal claim.
Filing Motorcycle Accident Lawsuits
Under certain circumstances, filing a lawsuit is necessary to seek just compensation. If the insurance company denies your claim or is unwilling to settle fairly, you can file a lawsuit against them. Alternatively, if the at-fault driver does not have insurance, you may have the opportunity to file a personal injury lawsuit directly against them.
A lawsuit is initiated by drafting and filing a petition in court. The opposing party is notified of the impending lawsuit through the service of process. Once the other side has notice of the case, they must file their response to your petition with the court.
The discovery phase of a lawsuit is the most time-consuming but also the most important. During this time, your lawyer and the opposing side’s attorney utilize legal tools, including depositions and interrogatories, to gather material evidence and documentation. This allows both parties to build their cases and strengthen their claims.
After the discovery phase, parties are better equipped to negotiate. Throughout settlement negotiations, your lawyer will work with the other party to try to come up with a mutually beneficial agreement. They’ll use the evidence they gathered during discovery to their advantage.
If settlement negotiations yield favorable results, your case is done. You’ll receive your money and can move on. However, if negotiations don’t go as planned, your lawyer won’t shy away from taking your case to court. During a trial, the outcome of your case rests in the hands of a judge or jury. Should you “win” your case, the judge or jury will decide how much compensation you’re entitled to receive.
Filing a lawsuit can seem stressful and daunting, but having an attorney on your side can give you peace of mind. No matter what happens throughout your case, your lawyer will represent your best interests and fight to get you the case result you deserve.
When to Consult a Motorcycle Accident Attorney
If you’re injured in a motorcycle accident, the best time to consult with a lawyer is “as soon as possible.”
After a motorcycle accident, you not only have to worry about your physical injuries but also the financial burdens that come along with them. The sooner you meet with and hire an attorney, the quicker they can begin working on your claim.
Also, it’s necessary to keep the statute of limitations in mind, as it limits the time you have to pursue compensation. Depending on your state’s laws, you may only have one to six years to file your case and seek financial recovery for your injuries. When you hire a lawyer soon after your accident, you give them plenty of time to handle insurance claims and other steps that come before a lawsuit, helping ensure you don’t run out of time.
Motorcycle accident attorneys understand the difficulties that come following a collision. They can provide much-needed kindness and support while they protect your rights and fight for an advantageous outcome on your behalf.
After Suffering Injuries in a Motorcycle Accident, Seek Legal Guidance
Motorcycle accidents can lead to a wide range of injuries, each with its own set of medical, emotional, and legal implications. From head and spinal injuries to broken bones and burns, the consequences of these accidents can be severe and long-lasting.
Understanding the nature of these injuries and their impact on your legal claim is essential. Seeking prompt medical attention, maintaining thorough documentation, and consulting with a Mississippi personal injury lawyer experienced in motorcycle accident cases can help ensure you receive fair compensation for your injuries and losses.
