Motorcycle accidents can lead to devastating consequences for riders, often resulting in severe injuries and significant financial burdens. When these accidents occur due to someone else’s negligence or fault, victims may recover compensation through insurance or a legal claim.
One of the most asked questions concerning compensation claims for motorcycle collisions is, “What is the average payout?” Nobody can provide an exact number, as cases vary greatly. A motorcycle accident attorney can review the specifics of your case and provide personalized information to give you a better idea of the type of financial recovery you can expect.
Understanding the Complexities of Motorcycle Accident Claims
Motorcycle accidents are different from other types of accidents, like car and truck collisions. Because these accidents and resulting claims are unique, they can be challenging to navigate. The road to compensation can be difficult, so having a skilled motorcycle accident lawyer on your side is imperative.
Fault Can Require a Skilled Lawyer to Determine
While motorcycle accidents can happen for many reasons, they are often the result of driver negligence. When a driver is negligent, it means they have failed to act reasonably, given the circumstances.
Some examples of dangerous driving behaviors that regularly result in collisions with motorcycles include:
- Speeding: Speeding is one of the top causes of every type of collision, including motorcycle accidents. When a driver speeds, they are more likely to lose control of their vehicle and increase stopping time and distance should they need to stop. Injuries from speeding accidents are usually more severe, as impacts are much stronger.
- Unsafe turns and lane changes: Drivers who fail to look carefully before turning or switching lanes are more likely to miss motorcyclists. Motorcycles are harder to see, and drivers must pay special attention to avoid collisions.
- Distracted driving: Drivers must ignore distractions and pay attention to the road. Common distractions, including texting, grooming, and eating, can take a driver’s eyes off the road and hands off the wheel, causing accidents.
- Impaired driving: Driving while under the influence of drugs or alcohol significantly impacts a person’s driving skills. For this reason, impaired driving is illegal in all states.
- Fatigued driving: Drowsiness is often just as bad as driving under the influence. When tired, they are less mentally alert and more likely to fall asleep behind the wheel.
- Violation of road rules: Running red lights and stop signs and failing to yield when necessary are some of the most common traffic law violations that contribute to accidents. The law is the law for a reason, and violators create substantial risk for everyone on the road when they break it.
Other common causes of motorcycle collisions include driver negligence, hazardous road conditions, inclement weather, and defective or malfunctioning products.
Determining fault can be one of the most challenging parts of a motorcycle accident claim. You must determine what caused your collision and determine fault. In some cases, more than one party may be responsible, adding complexity to your case.
Injuries are Usually Extensive
Unlike cars offering multiple safety features like seatbelts and airbags, motorcycles offer riders no protection. Therefore, injuries from motorcycle accidents are usually much worse.
Common injuries resulting from motorcycle collisions include:
- Road rash
- Head and neck injuries
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Internal injuries
- Crush injuries
- Facial injuries
The more substantial your injuries, the more expenses and losses you’ll incur. Serious injuries require extensive medical treatment, even into the future. You may also miss time from work and may be unable to return to work in the same capacity as before.
The more compensation you need for your injuries, the more the insurance company may fight you. Insurance companies are in the business of keeping their money, so they’ll do everything to avoid paying accident victims what their claims are worth.
When you suffer severe injuries in a motorcycle accident, allow a lawyer to handle your claim, as they can properly evaluate your claim, protect your rights, and pursue favorable monetary recovery on your behalf.
Motorcyclists Must Often Fight Against Negative Reputations
It’s no secret motorcyclists are not often viewed in a positive light. Unfortunately, motorcycle riders are deemed reckless daredevils with no regard for anyone on the road but themselves. In many cases, this couldn’t be further from the truth.
Aside from facing a legal battle for compensation, motorcyclists regularly fight against common misconceptions about their character. These myths about motorcycle riders can work against motorcyclists pursuing fair compensation for collisions.
The insurance company may try to make you seem at fault for your accident, making it harder to get the financial recovery you need.
Is there an Average Payout for Motorcycle Accident Claims?
Every accident victim is unique, as are their circumstances. Because all motorcycle collision cases are so different, it’s difficult to determine an average payout. Instead, looking at several crucial details is necessary to determine your case’s worth.
When you hire a motorcycle accident lawyer, they can thoroughly investigate your accident to obtain pertinent information. Once they better understand the details of your collision, they can provide information concerning the value of your case, giving you some direction and an idea of how much you can potentially receive in a settlement.
Damages Available in Motorcycle Collision Cases
When you file a collision claim following a motorcycle accident, it helps to know the types of damages available for these cases. Damages for motorcycle collisions help compensate you for your related economic and non-economic losses.
Some of the damages you can obtain following a motorcycle accident include:
- Present and future medical expenses
- Rehabilitation and therapy costs
- Lost earnings
- Diminished or lost earning potential
- Property damage
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
In addition to compensatory damages, you can receive punitive damages. Unlike compensatory damages, which compensate, punitive damages serve to punish defendants for malicious, wilful, or grossly negligent actions.
Your ability to obtain punitive damages depends on the specifics of your case and the laws in your state.
Your motorcycle accident lawyer can determine the extent of your losses and assign a monetary value to your case. Knowing how much your case is worth can ensure you receive the fairest possible settlement or award at the end of your case.
Factors that Influence the Value of a Motorcycle Accident Claim
As mentioned, there is no average payout for motorcycle accidents because every case differs.
Several factors influence the outcome of a motorcycle collision settlement:
- The extent of injuries: The severity and type of injuries sustained in the collision play a crucial role in determining the settlement amount. More severe injuries that result in long-term disability or require extensive medical treatment generally lead to higher compensation.
- Medical expenses: The total cost of medical treatment, including hospital bills, surgeries, rehabilitation, and ongoing care, directly impacts the settlement amount. Documenting these expenses is essential for accurately assessing compensation.
- Lost income and future earning capacity: Motorcycle accident victims often face lost income due to time away from work during recovery. Additionally, if injuries lead to reduced earning capacity in the future, this can significantly affect the compensation awarded.
- Property damage: Damages may cover the repair or replacement of the motorcycle and any other damaged property involved in the accident.
- Mental and emotional impacts: A motorcycle collision may affect a rider mentally and emotionally. Victims can pursue damages for treatment, medication, and other necessities when this happens.
Along with these details, insurance coverage can influence a motorcycle accident payout. Insurance policies, including liability amounts and coverage types, influence the settlement process. Understanding insurance policies and available compensation is crucial for maximizing financial recovery.
Your motorcycle accident lawyer can thoroughly review these and other relevant factors when assessing the value of your case. Based on this information, they can assign a dollar amount to your claim and aggressively pursue the financial recovery you’re owed.
Evidence and its Impact on Your Motorcycle Accident Claim
Another critical detail that can affect the value of your claim and your eventual payout is the strength of your evidence. Evidence is vital to help establish certain details, including cause and liability. The better the evidence, the stronger your case.
Some of the evidence most often used in motorcycle collision claims include:
- Photos and videos
- Surveillance and traffic camera footage
- Witness statements
- Police reports
- Medical records and bills
You may have access to evidence following your collision, which you can provide to your lawyer to utilize for your claim. Additionally, your motorcycle accident attorney can request and obtain more evidence as it becomes available.
What if a Motorcycle Collision Results in the Victim’s Death?
Motorcycle accidents can be particularly serious, and not all victims make it. It’s not uncommon for motorcyclists to die on impact or eventually succumb to their accident injuries. If you’ve lost a loved one in a motorcycle collision, you may have rights to compensation.
When an individual passes away at the hands of another, it is considered a wrongful death case. Family members of deceased victims can pursue compensation for the losses incurred as a result of the untimely loss of a loved one. Wrongful death damages can include:
- Medical expenses
- Pain and suffering
- Funeral and burial costs
- Lost future earnings and benefits
- Loss of love, companionship, and support
- Loss of consortium
Like motorcycle accident claims, there is no average payout for wrongful death claims. Instead, look at critical details, which include:
- The age and health of the victim
- The victim’s lifetime earning potential
- The medical expenses incurred before the victim’s passing
- The total cost of the victim’s funeral and burial
- The ages and needs of the victim’s dependants
After losing a loved one in a motorcycle accident, do not wait to seek legal help. A motorcycle accident lawyer can provide support and guidance during a trying time and determine the best way to pursue the financial recovery you need.
The Importance of Working With a Skilled Accident Attorney
One of the biggest decisions motorcycle accident victims must make after their collisions is whether to hire an attorney to handle their compensation claim.
Work with a lawyer. An attorney puts you in a much better position to get the monetary recovery you deserve.
A motorcycle accident lawyer brings plenty to the table. They are highly skilled and experienced and have the resources necessary to promptly and efficiently handle your claim. An attorney can adequately calculate your damages to determine the compensation you need to alleviate your financial burdens.
Having strong legal representation yields much more favorable results than the alternative. When you suffer an injury in a motorcycle collision, do not hesitate to seek assistance from a seasoned motorcycle accident lawyer.
Don’t Wait to Take Legal Action Following a Motorcycle Collision
When you’re concerned about how much your motorcycle accident claim is worth, there’s another detail you should consider: time. Statutes of limitations restrict the time you have to file your legal claim, and missing your time window can result in forfeiting your right to financial recovery. Simply put, waiting too long may mean your claim is essentially worth nothing. Remember, time is of the essence.
Consult with a Booneville personal injury lawyer as soon as you can. Your attorney can determine the value of your claim and pursue full and fair compensation on your behalf in a timely manner. Don’t underestimate the importance of seeking legal representation after a motorcycle accident.
