Motorcycle Accident Attorney

Like any accident, the possible causes of a motorcycle accident are nearly endless, but certain conditions make a biker more prone to an accident. As such, it’s important for motorcyclists to be on high alert for any sign of the most common causes of motorcycle accidents. 

• Vehicles making left turns. When a car makes a left turn without watching for motorcyclists, the biker is at risk of being hit. Left turn collisions often occur when the driver overestimates the distance between the car and the motorcycle, turning in front of the motorcycle too late for the rider to stop. 

• Sudden stops. Sometimes, a motorcyclist may have to brake quickly in order to avoid hitting an object or another vehicle. Unfortunately, when a biker slams on his or her brakes, the vehicle behind the biker may not react as quickly. This can result in a biker being rear-ended by a vehicle. 

• Improper lane changes. As a motorcycle is much smaller than a car, it is more likely to be hidden in a driver’s blind spot. When a person changes lanes too quickly without checking their blind spot, the car can collide with the biker from the side, making the motorcyclist lose his or her balance. 

• Road hazards. For a driver who is in a car, a pothole can be a jolting inconvenience. For a biker, however, a pothole can cause the rider to lose control of their motorcycle. 

For legal purposes, negligence is defined as a failure to exercise the appropriate standard of care that a reasonable person would exercise under similar circumstances. In other words, when a person acts in a careless way and their actions cause injury to another individual, the person can be said to have acted negligently. 

In most personal injury cases involving motorcycle accidents, a successful outcome will hinge upon a finding that the at-fault party was negligent. The theory of negligence has four elements, all of which must be proven in order for motorcycle accident claims to be successful. 

• Duty. The first step in determining whether an at-fault party acted negligently is establishing that the person maintained a duty to the motorcyclist. Drivers, for example, maintain a duty of care to others that share the road. This means that a driver owes a responsibility to other users of the road, to operate his or her vehicle in a safe manner in order to avoid needlessly injuring others. 

• Breach. Once you’ve been injured in a motorcycle accident, it’s not enough that your motorbike accident attorney can prove that the at-fault driver owed a duty of care to you; it must be proven that the driver breached that duty. Examples of a driver’s breach of his or her duty to others on the road include driving over the speed limit or breaking another law while driving. 

• Causation. After your motorcycle accident lawyer has proven that the at-fault party breached a duty of care to you, he or she must then prove that the breach was the cause of your accident. If your motorcycle collision was wholly unrelated to the driver’s breach, you may not be able to prove negligence. 

• Damages. Unfortunately, the final element of negligence is also the easiest to prove; in claims involving motorcycle accidents, the victim’s damages are the motorcycle injuries that were suffered in the crash. 

The repercussions of motorcycle accidents are far-reaching, in addition to a person’s physical injuries a motorcycle accident can also financially devastate a person. While no amount of money can take away the suffering that you faced as a result of your injury, a successful personal injury claim can provide you with the financial compensation you need to begin to rebuild your life. Compensation is considered for: 

• Medical bills such as hospital stays, surgical costs, and rehabilitation; 
• Costs of medication and medical equipment needed after your accident, such as a wheelchair or walker; 
• Lost earnings that you missed out on as a result of having had to miss work to recover from your accident; 
• Lost earning capacity if your injuries have resulted in a long-term or permanent inability to work; and 
• Property damage to your motorcycle. 

If you’ve been involved in a motorcycle accident, you know that not all the losses you suffer can be easily assigned a monetary value. Although it’s impossible to calculate the toll that a motorcycle accident can take on a victim, a personal injury claim nevertheless compensates a person for the non-economic damages suffered, such as: 

• Physical pain that a victim suffered during and after his or her accident; and
• Emotional trauma that a person may face after a motorcycle accident, such as depression, anxiety, or insomnia. 

Sometimes, a motorcyclist is involved in an accident due to actions by the at-fault party that are so shocking that the forms of compensation listed above aren’t sufficient. In rare cases, special “punitive damages” may be awarded to the victim. These damages aren’t meant to compensate the victim for losses, but rather to punish the at-fault party, and to serve as an example to those who might engage in similar actions in the future. 

If you’re facing the aftermath of a motorcycle accident that was caused by another person’s carelessness, pursuing a personal injury claim may be the last thing on your mind. It’s important though not to wait too long to speak to a motorcycle accident lawyer after your accident since there are laws that place time limits on the amount of time a person has to file a personal injury claim.

At Fielding Law, our team of motorcycle accident attorneys is committed to helping motorcycle accident victims obtain the justice they deserve for the accident they never should have been a part of. We pursue your claim with full force so that you have the best possible chances of a successful outcome. With the Fielding Law motorcycle injury lawyers on your side,  you can rest assured knowing that your motorcycle accident case is being handled with competence and compassion. Don’t wait until it is too late to obtain the legal help you deserve—to speak with a member of our legal team today, fill out an online case evaluation form or call (877) 880-4090 today. With the free consultations offered by our motorcycle accident lawyers, you have nothing to lose—contact us today.

If you have been harmed in a motorcycle accident, determining when to hire a personal injury lawyer can be important to protecting your rights and receiving fair compensation. 

While it is always recommended to hire a lawyer after being injured in a motorcycle accident, the following conditions mean that consulting one is especially important to your case. 

When you have severe injuries

If you suffered serious injuries in a motorcycle accident, do not delay in consulting a personal injury attorney. 

Potentially severe injuries may include:

• Broken bones
• Lacerations
• Traumatic brain injuries
• Loss of a limb
• Spinal cord damage
• Internal organ damage

These types of injuries often require long-term medical care, rehabilitation, and time off work – resulting in significant financial burdens. An attorney can make sure you are compensated for immediate medical costs and future expenses.

When liability is disputed

Motorcycle accident cases can become complicated when liability is unclear or contested. If the other party involved in the crash claims you were at fault, their insurance company may try to deny or reduce the value of your claim. 

To combat the insurer’s methods, motorcycle accident lawyers will investigate your accident, gather evidence, and build a strong claim against all responsible parties. 

When the insurance company makes a low offer

Insurance companies are businesses that prioritize their bottom line. They may try to pressure you into accepting a quick, low settlement. The insurer may try to argue that your injuries are not as severe as you claim or that you were partially at fault, reducing your payout. 

To protect your rights, your motorcycle accident lawyer can handle all communication and negotiation with insurance companies on your behalf. With his or her help, the amount of money you get can be maximized.

When you have suffered significant financial losses

Even if your injuries were not catastrophic, you could still face significant financial damages in the form of medical bills, property damage, and lost wages – not to mention your pain and suffering. Seeking compensation requires negotiations, which can be drawn out and even intense, with the other parties.

With your finances on the line, you shouldn’t take a chance on handling your case on your own. A motorcycle accident lawyer can assess the full extent of your losses so that you don’t end up shouldering the financial burden alone.