How Does the Legal Process for a Motorcycle Accident Work?

Every day, motorcycle accidents occur. They may happen at any moment, in any weather, and under any road conditions. Even if a rider takes every measure to be safe, there is still the potential of a crash. Motorcycle accidents may cause minor scrapes and bruises to life-altering injuries or death.

According to NHTSA or National Highway Traffic Safety Administration of the United States Department of Transportation:

  • Motorcyclists account for around 5% of all drivers on the road; nonetheless, traffic incident statistics from 2017 show that traffic accidents are roughly 27 times more likely to be deadly when a motorcycle is involved.

  • Over 5,000 people were killed in motorbike accidents in the United States in 2017.

  • Motorcycles account for 14% of all traffic fatalities and 17% of all occupant deaths.

A motorbike accident may happen to anybody at any time. This includes the following:

  • A motorcycle rider

  • A bicycle passenger

  • A car driver

  • A passenger in a different car

  • A pedestrian

Understanding your rights and options after a motorbike accident is essential, especially if you have been hurt. This article will explain what you should do if you are involved in a motorbike accident and how a motorcycle accident lawsuit works from beginning to end.

What Should I Do If a Motorcycle Accident Occurs?

If you are involved in a motorbike accident, you may experience shock at first. If possible, go to a safe location away from traffic as soon as possible. Once you’re safe, examine yourself for injuries and attempt to help those who may be harmed if you can do so safely.

It is critical to remain calm regardless of who caused the collision. At the site of an accident, you should never acknowledge blame. Even if you believe you made a mistake or could have avoided the accident, your comments and apologies might be used against you later. This is true whether you’re talking to another motorist, witnesses, bystanders, police officers, or insurance companies.

Other steps you should take after a motorbike collision include:

Wear all protective equipment. Motorcycle accidents may produce catastrophic injuries, even if they are not immediately visible. After the collision, your body will most likely be in shock, which will effectively numb your nerves and may keep you from experiencing pain from any injuries you may have incurred. Keep all the equipment you were wearing during the accident to avoid aggravating any injuries you may have sustained.

Call 911. Report the accident to the police and paramedics as soon as you are safe. Wait till they arrive at the site. Try not to talk about the collision with the other drivers. When police and paramedics arrive, they will investigate the collision, file an incident report, control traffic, and treat any injuries.

Seek medical assistance. Even if you do not believe you have been gravely hurt, you should always seek medical assistance after any accident. The extent of your injuries after a motorbike accident may not be immediately apparent. You may have experienced a head injury, internal damage, or bleeding that was not immediately apparent. Symptoms of these injuries may not appear for hours or days after the event. In these cases, it is usually preferable to visit a medical expert as soon as possible following the event.

Record Data. No matter what caused the accident or who was to blame, you should gather information about it while the facts remain fresh in your memory. Collect names and contact information from anybody involved in the accident or who observed it. Take photos of the situation, showing your motorbike, other vehicles, road conditions, traffic signals, and the degree of your injuries or property damage. Make a list of everything you recall and ask for a copy of the police report. You may be unaware of how significant this material will be to you and your attorney in the future, mainly if your case goes to trial.

Speak with an attorney. Whatever the circumstances of your accident, you should consult with an experienced motorcycle accident attorney as soon as possible. You’ll have a lot to cope with just after the accident. As an example:

  • You must negotiate with your insurance carrier or the insurance companies of the other drivers involved in the collision.

  • You may find yourself with mounting medical expenditures.

  • You might face accusations that the accident was your responsibility.

While you recuperate from your injuries, your attorney will be able to advise you on all of these matters and resolve them for you. Once you’ve completed these procedures and hired a legal team, they’ll go through the facts and circumstances of your case to see whether you have a claim for your injuries. Retaining an attorney after your accident will make a significant difference in identifying who was responsible and the actual worth of your injuries.

Why Do I Need a Motorcycle Accident Lawyer?

Your recovery from injuries will come first if you are injured in a motorcycle accident. You will need more time or energy to handle all legal concerns that may surface shortly after your accident. A skilled motorcycle accident attorney will be able to argue for your rights and educate you on all of your legal alternatives.

Horton Law’s lawyers are motorcycle accident experts with years of expertise handling motorcycle accident cases. We will safeguard your best interests after your accident and seek the reimbursement you deserve for your injuries.

You must contact the lawyers at Horton Law as soon as possible following your accident. When your accident happened, an imaginary clock known as the “statute of limitations” began to tick. A “statute of limitations” is the time restriction within which someone may file a legal action against another person. Depending on the state where your accident happened, you may have two to four years to submit your claim before it expires. Remember that time will fly by after an accident, particularly if you have significant injuries.

Furthermore, the lawyers at Horton Law have the necessary expertise and knowledge to argue for your legal rights. As a recent accident victim, you may cope with stressful issues such as serious injuries, lost work, and financial trouble. You don’t need the added stress of attempting to file a case on your own and navigating the legal system without the assistance of an experienced legal team. Horton Law’s legal team will:

  • Determine the reason for your accident.

  • Inform you about your legal rights and choices.

  • Gather all pertinent evidence and witnesses.

  • Save and keep any necessary papers.

  • Make a reasonable deal with the insurance companies.

  • Make a legal claim if required.

Horton Law will walk you through every step of the legal procedure, from beginning to end. You should not accept any insurance company’s offer without talking with Horton Law first. Our legal team will fight for your best interests and ensure you get the compensation you deserve, allowing you to concentrate on recuperating from your injuries and resuming a healthy lifestyle.

What Happens After I File a Motorcycle Accident Case?

If you decide to claim the injuries you had as a result of your accident, the experts at Horton Law will assist you in determining the worth of your injuries. Following the accident, you will likely have multiple medical costs for various injuries. Your emotional anguish may be included when calculating the damages you are entitled to. You may be paid for the following damages:

  • Medical Expenses

  • Services for Rehabilitation

  • Loss of Earnings

  • Suffering and Pain

  • Damage to Property

  • Funeral Costs

When negotiating a settlement with the insurance company, your attorney might include any of these damages. Everyone concerned typically wants a settlement, particularly if the opposing side does not deny they were at fault. Having an attorney negotiate a reasonable settlement for you may be advantageous because:

  • Damages are provided more quickly to make you whole again.

  • A trial will take time and money from all sides.

  • A settlement ensures you will be compensated for your injuries, while a trial may result in little or no compensation.

  • A trial will force you to relive the situation, which may be highly taxing.

As a result of these factors, many motorcycle accident lawsuits are resolved without a trial. If the insurance company refuses to settle your case correctly, your attorney will certainly prepare your case for trial.

What Happens If My Motorcycle Accident Case Goes to Court?

If you do not feel the insurance company is providing you with a fair settlement for your injuries, you can take your case to trial. Your attorney will present your case in court, proving that the other motorist was to blame and demonstrating the injuries and losses you received due to the collision. The photographs you take at the scene of the accident and the evidence you collect will be crucial in proving your case at trial.

Your trial will most likely consist of the following stages:

Plaintiff’s Chief Case. The plaintiff is the person who filed the lawsuit (usually the damaged party in the case). The plaintiff must establish that the other person (the defendant) was at fault for the accident and that the accident resulted in injuries. This may be accomplished via witness testimony or documentation such as the police report and medical records.

The Defendant’s Chief Case. Following the presentation of the plaintiff’s case, the defendant will do the same depending on any further evidence they choose to submit. The defendant may try to argue that they did not cause the accident, that the plaintiff was also to blame, or that they should not be required to pay any damages.

Deliberations. Following the presentation of both sides’ cases, the judge (or, in the case of a jury trial, a jury) will determine whether the defendant is responsible for the plaintiff’s injuries. If this is the case, the judge or jury will decide how much compensation to award based on the facts given at trial.

Trial’s Conclusion. A trial might last many months, depending on the circumstances of your case. From start to end, you should have an attorney protecting your interests and advising you on your alternatives.

Have You Suffered Injuries from a Motorcycle Accident?

Contact a knowledgeable motorcycle accident attorney immediately if you have been injured in a motorbike accident. To schedule your free consultation, get in touch with us online or by phone at 888-822-6011.