Legal Options for Victims of Motorcycle Accidents

Been in a motorcycle accident that wasn’t your fault?

We know how it feels. One minute you’re cruising on the open road and the next you’re paying the price for someone else’s carelessness.

Injuries, mounting medical bills, endless phone calls with insurance companies… it’s enough to make your head spin.

The good news is we want you to know about some legal options that most motorcycle accident victims are completely unaware of.

They can help turn the whole situation around.

Motorcyclists are 28 times more likely to die if they’re in a fatal crash than car occupants.

That is one pretty staggering statistic.

But what makes this all the more infuriating is that speeding contributes to 34% of all fatal motorcycle accidents.

And here’s the thing: Insurance companies know all of this.

They also know how few motorcycle accident victims know their legal rights. So they make ridiculously low settlement offers to people who don’t even know there’s a better way to approach their case.

And that’s when you need to turn to your legal options.

Don’t let an insurance company take advantage of you. Find out how you can turn this whole situation around.

Table of Contents

Understanding Your Legal Rights After a Crash

Motorcycle accidents are different from your average car accident in one major way…

The injuries are almost always more severe.

Think about it. When you’re in a car, you have the protection of a metal frame around you. You have airbags. Seatbelts.

Motorcycle riders don’t have any of that. There’s no protection at all. When a crash happens, the rider absorbs the full force of the impact.

You can see why 6,335 motorcyclists died in 2023 alone.

What makes this even worse is that speeding contributes to 34% of all fatal motorcycle accidents. When there’s speed involved, the odds of surviving are much, much lower.

But here’s what you need to know:

If someone else caused your accident, they are financially responsible for all of your damages.

By damages we mean medical bills, lost wages, pain and suffering, and all of the other stuff we’ll be talking about below.

The key is that you need to prove negligence. You need to show that the other driver:

Had a duty to drive safely
Breached that duty by their careless actions
Caused your accident and your injuries
Is financially responsible for the damages you suffered

A Richmond Motorcycle Accident Lawyer will know how to establish all of these elements.

Insurance Claims vs. Personal Injury Lawsuits

Most motorcycle accident cases begin with an insurance claim. And in most cases, they end there as well.

Here’s how it typically goes:

First, you file a claim with the at-fault driver’s insurance company. They assign an adjuster to your case, who then investigates and makes you a settlement offer.

Here’s the thing…

Insurance companies don’t have your back. They aren’t on your side. They work hard to pay as little as possible, and to get your case closed as quickly as possible.

Which is why motorcycle accident victims often file a personal injury lawsuit if the insurance company:

Denies their claim
Makes a settlement offer that’s too low
The at-fault driver has insufficient insurance coverage
The insurance company is acting in bad faith

A personal injury lawsuit gives you more leverage. You’re not negotiating with an insurance adjuster anymore.

Now you’re asking a judge and jury to decide how much your case is worth.

Types of Compensation You Can Recover

Motorcycle accident compensation is typically categorized into two types of damages:

Economic Damages

These are the financial losses you suffered from the accident that you can show with proof (aka documentation):

Medical expenses (hospital bills, surgery, physical therapy, medication)
Lost wages (income you lost because of your injuries)
Future medical costs (ongoing treatment, rehabilitation, etc.)
Property damage (cost to repair or replace your motorcycle)
Lost earning capacity (if your injuries impact your ability to work)

Non-Economic Damages

These damages compensate you for losses that don’t have a specific dollar value:

Pain and suffering (physical pain from your injuries)
Emotional distress (anxiety, depression, trauma from the accident)
Loss of enjoyment (injuries prevent you from doing things you love)
Disfigurement (permanent scarring, disability)
Loss of consortium (impact on your relationship with your spouse)

P.S. You might also be able to recover punitive damages if the at-fault driver was grossly negligent (especially if the driver was under the influence of drugs or alcohol).

How a Motorcycle Accident Lawyer Helps Your Case

So you think you can handle your motorcycle accident case on your own, right?

Let’s go through a few reasons why that is usually a bad idea.

Insurance companies have teams of lawyers and adjusters who work full time to pay you as little as possible.

They understand the law. They know the tricks to pit inexperienced accident victims against one another.

The adjusters are trained in the dark art of pressuring unrepresented victims into accepting a low settlement.

Investigating Your Accident

Your lawyer will investigate the facts of your case, gathering evidence like the police report, witness statements, photos from the scene, medical records, and more.

Handling Insurance Companies

Don’t you dare talk to the insurance adjusters. Don’t give a recorded statement within hours of the accident while you are still in shock. Let your lawyer handle them. They know the tricks these adjusters use, and they aren’t falling for lowball offers.

Calculating Fair Compensation

How do you know what your motorcycle accident claim is worth? Most accident victims have no clue how to value their case.

That is why your lawyer will calculate both your current and future damages and fight to make sure you receive the maximum possible compensation.

When to File a Lawsuit vs. Settle

Not every motorcycle accident case needs to end up in court. But when to settle versus when to file a lawsuit is a decision you should not take lightly.

You might want to settle your case if:

The insurance company is offering you fair compensation
Liability is clear
Your injuries have healed
You don’t want to go through litigation

On the other hand, a lawsuit is probably your best option if:

The insurance company is not negotiating in good faith
There is a dispute about who caused the accident
Your injuries are severe and will cause you long-term harm
The at-fault driver was grossly negligent (drunk driving, speeding, distracted driving, etc.)

Something else to keep in mind is that most personal injury lawsuits don’t actually go to trial. The threat of litigation alone is often enough to get the insurance company to make a fair settlement offer.

The Importance of Acting Quickly

This is one thing most people don’t realize…

Every state has a deadline called a statute of limitations for filing personal injury lawsuits. Miss that deadline and you lose the right to file a lawsuit forever.

That is why it is critical to contact a motorcycle accident lawyer ASAP.

The attorney can help you preserve evidence, file your lawsuit before the deadline, and begin handling the insurance companies from day one.

Common Mistakes That Hurt Your Case

So you want to protect your legal rights? Be sure to avoid these common, potentially devastating mistakes:

Don’t admit fault at the scene of the accident.
Don’t delay medical treatment or visits with doctors.
Don’t give a recorded statement to the insurance company.
Don’t post about your accident on social media.
Don’t settle too quickly. Once you accept a settlement, you cannot ask for more money later if your injuries are worse than you thought.

Bottom Line

Motorcycle accident legal options can be the difference between financial hardship and making a full recovery.

The key is to know your rights and to act quickly. Insurance companies know victims are usually unaware of what they are entitled to.

Don’t let them win.

Whether you end up pursuing an insurance claim or file a personal injury lawsuit is a decision that depends on the specific facts of your case.

But one thing is for sure:

Having an experienced motorcycle accident lawyer on your side dramatically increases your chances of getting fair compensation.

Legal Options for Victims of Motorcycle Accidents

In This Article:

Understanding Your Legal Rights After a Crash

Insurance Claims vs. Personal Injury Lawsuits