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Motorcycle Accident
Motorcycle Accident Lawyer
Motorcycle accidents are often more severe than auto accidents, as motorcycles offer riders much less protection in a collision. Unfortunately, you may become the victim of a motorcycle accident even when riding properly and following all traffic laws. If you have been involved in a collision as a motorcycle rider, you should look for an attorney who understands the legal considerations inherent in such complex cases. This includes an in-depth understanding of the obstacles that you will likely need to overcome, as well as the ability to secure the compensation needed to recover from your motorcycle injuries.
At Maxx Compensation, many on our legal team are avid motorcycle riders and therefore have an excellent understanding of the many scenarios riders may find themselves in with other motorists. Maxx Compensation has the experience you need to help you get the compensation you deserve. Call Maxx Compensation today at 877-4-Maxx Law or 877-462-9952 to arrange for a free confidential consultation.
Common questions after a motorcycle accident
If you have been involved in a motorcycle accident, you are likely feeling very stressed and overwhelmed. With the assistance of our experienced personal injury attorneys at Maxx Compensation, you will maximize your compensation as allowed by law.
1.
What should your next steps be?
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Do you really need an attorney?
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How do you recover enough money to cover all of your expenses?
The elements of a motorcycle claim
Motorcycle accident claims are a type of negligence case. In a negligence case, the victim must prove three things:
The at-fault person owed the victim a duty;
The duty was breached because of negligence; and
Due to this breach, the victim suffered damages.
In a motorcycle accident claim, the duty is to operate your vehicle in a manner that is reasonable under the circumstances. Obeying traffic laws is an example of being reasonable under the circumstances.
There are many ways that the duty to safely and reasonably operate a motor vehicle may be breached. For example, texting while driving is certainly not safe behavior. Speeding, failing to pay attention to traffic signals, and driving under the influence are all examples of negligent driving.
In a legal claim, the purpose of awarding damages is to make the victim “whole” again after an accident. Depending on the facts of a case, the damages may range from a few thousand dollars to millions of dollars.
Some of the damages a victim may claim include:
This list is not exhaustive, as it may be possible to claim other types of damages, depending on the facts of the case.
Medical expenses, such as surgery bills, physical therapy bills, hospital bills, and other costs
The predicted cost of any future medical care that may be required
Lost wages and lost employment benefits if the victim was out of work while recovering from accident-related injuries
Pain and suffering, which compensates victims for the physical pain they have endured
Emotional distress, such as depression, anxiety, post-traumatic stress disorder, and other psychological conditions that stem from the accident
Spouses of accident victims may claim loss of consortium damages, which compensates them for the damage the accident has caused their relationship
The costs of remodeling a residence to accommodate an injury, such as installing wheelchair ramps and hand rails
If a death was caused by the accident, surviving family members may be able to claim funeral and burial costs, in addition to the deceased’s predicted future earnings
Improve your chances of success in a legal claim
Learning to ride properly, defensively, and within the letter of the law improves your odds of avoiding collisions while riding your motorcycle. However, some motorcycle accidents are simply not avoidable. Therefore, another significant advantage of learning to ride defensively is ensuring that you are not the liable party in a motorcycle accident. Furthermore, using the state of New Hampshire as an example, a “modified comparative fault” state. This means that if a jury in a personal injury lawsuit finds that you, the plaintiff, were partly to blame for the motorcycle accident or damages, your recovery for pain and suffering, lost wages, medical bills, and other monetary damages may be reduced (or precluded altogether) if the jury believes you were more at fault than the other motorist. By using defensive motorcycle riding techniques and avoiding illegal or risky behaviors (e.g., drunk riding, speeding, lane-splitting, etc.), you will not only stay safe, but in the event you are involved in a motorcycle crash, you will have a better chance of receiving a settlement or a jury award that will compensate you for your injuries and the damage to your motorcycle and other property.
Defensive riding reduces the risk of a motorcycle accident
A common cause of motorcycle accidents is another motorist’s (usually a car) failure to observe the motorcycle. In is extremely important to learn and use defensive riding techniques when you are operating your motorcycle. Many motorcycle accidents can be avoided with common sense defensive driving techniques. However, many cannot. Cars may rear-end motorcyclists. Cars may cause a head-on collision with a motorcyclist. And often, cars will pull out in front of riders as riders are proceeding through intersections. About two out of every five motorcycle/car collisions happen when cars execute left-hand turns in front of motorcycle riders who are proceeding through intersections. Regardless of whether a motorist observed you or not, they may be at fault. If you have been the victim of a motorcycle accident Teale Law will immediately go on the offensive, investigating the cause of the collision, work with law enforcement, and holding the responsible motorist and their insurance responsible for your injuries, including your medical bills, lost wages, and pain & suffering.
It is safe to say that no amount of defensive driver training will substantially improve car drivers’ ability to see you on a motorcycle. Accordingly, to avoid accidents you must learn proper riding techniques and the major risk factors and common causes of motorcycle accidents when on the roadways (particularly when you are traversing an intersection).
Other ways to reduce your risk of being in a motorcycle crash include using common-sense preventative measures. Unfortunately, many riders do not use the following (or, for a variety of reasons, are unable to):
Wear a Helmet:
When involved in a motorcycle accident your chances of survival and of avoiding a serious bodily injury (such as a traumatic brain injury) are greatly improved when properly using a helmet. Statistically, riders who consume alcohol prior to riding are much less likely to be wearing a helmet. If you have been involved in a motorcycle accident, regardless of whether you were using a helmet, Teale Law will aggressively pursue your case and hold the liable party responsible for your damages.
Don’t Engage in Lane-Splitting/White-Lining:
Lane-splitting, or riding a motorcycle between lanes of slow-moving or stopped traffic, is illegal in many states across the U.S. This practice significantly increases the risk of being involved in an accident. When motorcyclists weave between vehicles, they have far less room to maneuver and are less visible to drivers. Cars and trucks may change lanes unexpectedly, leading to collisions with motorcycles that they did not see in time. Studies show that lane-splitting can lead to severe accidents due to these visibility and space issues, making it a dangerous practice for riders and other motorists alike. Staying within the designated lane ensures better safety for all road users.
Avoid Excessive Speed:
Your ability to react to other vehicles, road hazards, and traffic conditions in a timely manner is a key component to avoiding injury while enjoying your motorcycle. By reducing your speed and following speed limits you may be able to see and avoid accidents before they happen. This is particularly true in the event that another motorist negligently fails to observe you on your motorcycle.
Learn How to Ride Safely and Legally:
About 25 percent of motorcyclists who are involved in accidents are riding their motorcycles without a proper motorcycle license (or any license at all). Training programs exist to help motorcycle riders become safer riders and to ride within the laws. Take advantage of them, and reduce your odds of being involved in a motorcycle accident.
What are some of the most commonly cited motorcycle injuries?
Motorcycle accidents can lead to especially serious injuries, particularly in states where helmet laws are more lenient. In many states, riders over 18 are not required to wear helmets, leading to higher risks of head injuries and fatalities in accidents. This is a controversial issue, with advocates for helmet laws arguing that helmets significantly reduce the risk of traumatic brain injuries and save lives, while opponents claim helmets offer limited protection and infringe on personal freedom.
Motorcycle accident victims often face life-altering injuries, including permanent disabilities. Unlike occupants of cars, motorcyclists lack the physical protection that vehicles provide. When thrown from a motorcycle during an accident, riders have little defense against impact with the ground or other objects, leaving them vulnerable to severe injuries such as fractures, spinal cord damage, and head trauma. These risks underscore the importance of safety precautions, including helmet use, regardless of state regulations.
The most commonly cited injuries in motorcycle accidents include:
Head injuries, including traumatic brain injuries
Broken bones
Lacerations
Torn ligaments and muscles
Road rash
Burns
Internal organ damage
Facial injuries
Loss of a limb
Paralysis
Spinal cord injuries
How long do I have to file a motorcycle accident claim in the United States?
All legal claims are subject to strict deadlines, known as statutes of limitations. Failing to file a claim within this timeframe can prevent a victim from pursuing compensation for their injuries. If a claimant misses the deadline, they may be solely responsible for the financial losses incurred from the accident, including medical bills, lost wages, and other damages. This makes it crucial to act promptly when considering legal action.
The statute of limitations for personal injury claims, including motorcycle accidents, varies by state. In many states, including California and Florida, the statute of limitations is two years, while other states, like New York, allow up to three years. Although this may seem like ample time, the process of seeking medical treatment, understanding the severity of injuries, and gathering evidence can quickly make the deadline approach faster than expected. If you’ve been injured in a motorcycle accident, it’s important to consult with an experienced personal injury lawyer as soon as possible to protect your rights and ensure you don’t miss any legal deadlines.
Do I really need to hire an attorney for my motorcycle accident claim?
Hiring a personal injury attorney is essential for protecting your legal rights after an accident. Without experienced legal representation, you may be unaware of critical filing deadlines, how to present key evidence, or the actual value of your claim. Personal injury attorneys are skilled at negotiating with insurance adjusters and opposing counsel to ensure their clients receive maximum compensation. Additionally, an experienced attorney will identify all potential sources of insurance coverage that may be available to you, which many individuals overlook. If necessary, your attorney will also represent you in court to advocate for your rights.
Moreover, a personal injury attorney ensures that all aspects of your claim are accounted for. Many accident victims are unaware they can claim future medical expenses, lost wages, or even the cost of canceled plans, such as vacations. A knowledgeable attorney will thoroughly explore all avenues of recovery to ensure that no damages are left unclaimed, helping you get the compensation you deserve for your injuries and losses.
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Full Service Personal Injury Law Firm
It is important to obtain the services of an experienced lawyer immediately if you or someone you know has been injured in a motorcycle accident caused by the negligence of another. Call Maxx Compensation today at 877-4-Maxx Law or 877-462-9952 to schedule your free consultation. We serve clients nationwide.
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The members of our legal team are dedicated and serve as compassionate advocates for our clients – protecting their rights while providing a high level of personalized attention. It is the firm’s mission to maximize your recovery while keeping you informed every step of the way.
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