Complete Guide to Winning Your Motorcycle Accident Case

How Are Motorcycle Accidents Different from Car Accidents?

Motorcycle accidents are different than car accidents in many ways. Motorcycle accidents usually cause more severe injuries to the victims, sometimes leading to higher settlement offers. Motorcycle accidents also have different legal issues when it comes to fault, negligence, and other factors such as whether or not they were wearing protective gear. Consulting an attorney for legal advice is the best way to address the factors of your case and receive the compensation you deserve.

Our motorcycle accident lawyers at The Roth Firm, LLC have put together a comprehensive guide to help you make sense of your motorcycle accident case and maximize your chances of securing a favorable settlement.

What if I Was not Wearing a Helmet?

Even if you were not wearing a helmet at the time of your motorcycle accident it does not mean that you are not entitled to compensation. Although not wearing a helmet can affect the outcome of your case, speaking with a personal injury attorney is the best way to find out if you should still pursue a lawsuit.

Additional Resources:

• What if I Wasn't Wearing a Helmet During my Motorcycle Accident
• Motorcycle Helmet Laws and Recovery for Injuries

What if I Was Partially at Fault for My Motorcycle Accident?

Many states operate on a comparative negligence status when it comes to motor vehicle accidents. This means that based on the facts of your case, the courts will determine what percentage was your fault, and reduce your settlement by that amount.

Another type of Negligence that may affect your case is Contributory Negligence, which means that a victim is not entitled to any compensation if they were found to have any fault in their accident.

Additional Resources:

• Understanding Negligence in a Personal Injury Case
• Everything You Want to Know About Negligence

How Long Do I Have to File a Motorcycle Wreck Lawsuit?

Motorcycle accident lawsuits are typically subject to a time limit commonly known as a "statute of limitations." This time period will vary from state to state and can be anywhere from one year to as much as six years from the date of the accident. If a claim is not filed within this period, the courts typically will not hear the case and the injured party will effectively lose their ability to recover compensation. Speaking with an attorney and filing your claim as soon as possible is the safest route to take when it comes to your motorcycle accident.

Additional Resources:

• How Long Do You Have to File a Personal Injury Claim

What Types of Damages and Compensation Can I Get from My Lawsuit?

There are many different types of damages that can be included in your motorcycle accident injury settlement, including:

• Pain and Suffering
• Property Damage
• Medical Expenses
• Out-of-Pocket expenses
• Lost Income

Additional Resources:

• How Much Is My Motorcycle Accident Injury Claim Worth

What if the Accident Was Caused by Poor Road Conditions?

If your motorcycle accident was caused by poor road conditions, such as a pothole, then you may still have a case. Instead of being against another motorist, your case will most likely be against the city or state government where the accident occurred.

Additional Resources:

• Motorcycle Accidents That Are Caused By Poor Road Quality or Hazardous Conditions
• Who is Liable When Poor Road Conditions Cause a Motorcycle Accident

Should I accept a Settlement Offer from the Insurance Company?

You should never accept an initial offer from an insurance company after a motorcycle accident. Insurance companies offer victims low-ball amounts in the hopes of saving themselves money. If you accept the settlement offer, you are giving up your right to pursue further damages and may be left with unpaid bills.

Additional Resources:

• Tips for Negotiating with an Insurance Company
• The Right Way to Reject and Counter a Low Personal Injury Claim Offer

How Can a Motorcycle Injury Lawyer Help Me?

Personal injury attorneys work with the victims of motorcycle accidents to ensure that they are rightfully compensated for the ordeal. Experienced attorneys will keep track of all relevant documents, inform the client of anything they need to do or avoid doing, and prepare a settlement request so that the case can avoid going to trial.

Additional Resources:

• What Will Your Personal Injury Attorney Do

How Much Does a Motorcycle Accident Attorney Cost?

Most personal injury attorneys work on a Contingency Fee basis. A contingency fee basis means that clients do not pay them anything unless they receive a settlement from their lawsuit. Once the settlement is received, the attorney then takes a percentage of the amount as payment for their services.

Additional Resources:

• Common Lawyer's Fees in your Personal Injury Case
• What are Contingent Fees

Will I Have to Go to Trial for My Motorcycle Accident Case?

Most personal injury cases never make it to trial. The majority of the time they are settled beforehand once an agreement is reached between the victim and usually the at-fault party's insurance company.

If your case does go to trial, your attorney will be there right with you, fighting for your rights and the compensation that you deserve.

Additional Resources:

• How a Motorcycle Accident Injury Case is Settled
• When Will a Motorcycle Accident Injury Case Go to Trial

The Roth Firm, LLC is here to help. Call us at (404) 777-4899 or fill out our online contact form today to get started with a free initial consultation.