Steven A. Bagen | August 26, 2024 | Motorcycle accident
Motorcyclists, along with pedestrians and bicyclists, are among the most vulnerable travelers on the road. Because they lack the same covering as passenger vehicles and large trucks, when motorcyclists get into an accident, they can suffer from severe injuries, including brain injuries.
A Gainesville motorcycle accident lawyer is an important part of your recovery after an accident. An attorney knows how to navigate the legal process and get you the best recovery possible. Contact a motorcycle accident lawyer today if you have suffered an injury in a motorcycle crash.
Continue reading to learn more about how a motorcycle accident lawyer can help you after suffering a brain injury after a crash.
Motorcycle Accident Facts
According to the Insurance Information Institute, motorcycle accidents continue to be overrepresented relative to the number of motorcycles on the road. In 2021, 5,932 motorcyclists were killed in accidents nationwide. In 2022, 82,686 injury-causing accidents involved motorcycles across the United States.
According to statistics reported by the National Highway Traffic Safety Administration, motorcyclists only accounted for 3.5 percent of all registered vehicles nationwide. Despite the low number of motorcycles on the road, 14 percent of all traffic accidents involved a motorcycle in 2021. The National Highway Traffic Safety Administration has concluded that motorcyclists were nearly 24 times more likely to die in a crash that year.
How Common Are Brain Injuries After a Motorcycle Crash?
Motorcyclists are more vulnerable to serious injuries, especially head and brain injuries than passenger vehicles. The lack of covering makes it easier for motorcyclists to have serious and long-term injuries.
Brain injuries are particularly common after a motorcycle accident, even if the rider wears a helmet. Riders are directly exposed to the pavement, and a crash, even at a low speed, can end in brain damage.
How Serious Are Brain Injuries?
Brain injuries are among the most serious types of injuries that an accident victim can suffer. The consequences of a brain injury can leave the victim with long-term harm.
Brain injuries can have serious and long-lasting effects on your emotional, cognitive, and physical function. Some common symptoms of brain injuries can include the following.
Physical
The most common physical symptoms of a brain injury include headaches, nausea, dizziness, vomiting, visual disturbances, and sensitivity to light.
Cognitive
The cognitive symptoms you might experience after suffering a brain injury can include memory loss, trouble concentrating, confusion, and impaired judgment.
Emotional
Some emotional symptoms that brain injury victims can face include anxiety, depression, mood swings, irritability, personality changes, aggression, and poor impulse control.
These damages are significant. It is important to get a full physical evaluation after hitting your head in a motorcycle accident. An attorney can recover the compensation that you deserve after a motorcycle accident.
How Can a Motorcycle Accident Lawyer Can Help Me After a Brain Injury
The aftermath of a motorcycle accident that leads to a brain injury can be confusing and overwhelming. An experienced motorcycle accident lawyer can help you understand what the best next steps are as you continue to pursue financial compensation. Here are some of the ways that a motorcycle accident attorney can help you.
Provide Legal Counsel
Having a solid source to get information about your case is important. That is where your attorney steps in. Having an attorney means that you have someone to lean on and ask questions. You will undoubtedly have many questions about your case after an accident. An attorney is the best resource to answer your case-related questions.
Investigate And Gather Evidence
The insurance company will complete its own investigation after a motorcycle accident. However, you need a professional to complete an investigation on your behalf. An attorney will review your medical records, traffic camera footage, and police reports, among other evidence, to best present your case.
Determine Liability
Your lawyer will review the evidence and determine liability. Finding the liable party is important to your case because they are responsible for your damages. There can be multiple drivers who share liability. Every potential defendant must be held accountable for their actions to ensure that you maximize your ability to recover full and fair compensation.
Negotiate With Insurance Companies
Negotiating with insurance companies is a critical part of your motorcycle accident claim. Despite being a big part of your case, you might be vulnerable to the stress of negotiating for yourself. Insurance companies can prey on accident victims who are not represented by legal counsel.
An attorney will speak to insurance adjusters on your behalf. They can lose their experience for your advantage. Experienced motorcycle accident attorneys know the complexities of these types of cases and what it takes to negotiate a fair settlement.
Litigation If Necessary
Going to court may be necessary if you and your lawyer cannot reach a satisfactory settlement. Standing in a courtroom and asking for what is fair after a motorcycle accident can be scary and intimidating. However, getting a motorcycle accident lawyer to work for you helps bridge the gap between litigation and compensation.
A large part of getting a successful outcome from a motorcycle accident case is complying with procedural rules and deadlines. Working with an attorney ensures that you do not break any rules or miss any deadlines that might be fatal to your claim.
Access To Resources
Attorneys often have access to more resources than individuals. These resources can contribute to the success of your motorcycle accident case.
A Gainesville motorcycle accident lawyer has access to experts. For example, your attorney might have access to medical and rehabilitation professionals, accident reconstructionists, and other professionals who can gather evidence to support your claim.
Your lawyer may also coordinate care to ensure you receive comprehensive care after a motorcycle accident.
The help of an experienced motorcycle accident lawyer can significantly improve your chances of receiving fair compensation. It can be tough to navigate the complexities of an insurance claim or a personal injury case, but having the right legal team helps reduce the stress of getting through your motorcycle claim. Your motorcycle accident attorney will provide essential support during a challenging time, help protect your rights, and advocate for your best interests during a difficult time.
Who Can Be Held Liable For a Motorcycle Accident?
There can be several potential defendants in motorcycle accident cases. Each responsible party is legally required to pay for your damages, including property damage, medical bills, and non-economic losses.
Motorcycle accidents can happen for various reasons. For example, accidents happen because of poor road conditions like broken concrete or potholes. That might mean you have a legal claim against a government entity.
Some of the potential defendants who your attorney can hold accountable include the following.
- Other drivers
- Government entities
- Pedestrians
- Bicyclists
- Trucking companies and other business entities
An attorney can evaluate your case and identify each potentially responsible defendant.
What Damages Are Available After a Motorcycle Accident?
Several types of damages are available after a motorcycle accident. An accident victim can recover monetarily for the types of losses described below.
Some of the major losses that motorcycle accident victims may recover include economic damages. A large part of economic damages includes current and future medical expenses, including the cost of rehabilitation or physical therapy. Brain injuries can be quite expensive to treat, so getting compensation can help offset the cost of care.
Non-economic damages are also compensable after a motorcycle accident. Non-economic damages include losses that are not always easy to spot. Examples of these kinds of damage can include loss of enjoyment of life, reduced quality of life, and emotional distress.
Some states offer punitive damages in certain cases. However, punitive damages are not always available because they are not meant to compensate the victim for their losses but to punish and deter defendants from acting similarly in the future.
An attorney can estimate the potential value of your case and pursue a full and fair settlement.
How Much Is My Motorcycle Accident Claim Worth?
The final financial value of your case depends on the facts surrounding your claim. No two cases are the same, but there are some general facts that can influence the final settlement value of your case.
Brain injuries are severe. If your brain injury requires a lot of medical care to treat, the treatment can be very expensive. The cost of medical care can be reflected in your final settlement amount.
Some brain injuries leave the victim permanently disabled and unable to return to work. Being unable to work can quickly cause financial ruin. The current and future lost income you suffer can also be a part of the final settlement amount.
Brain injuries are also emotionally traumatic. Any traffic accident can leave the victim with some sort of mental anguish. Even suffering through the recovery process after a brain injury can cause serious emotional trauma. The mental anguish after an accident is compensable and can increase the overall value of your settlement.
Talking to a Gainesville motorcycle accident lawyer about the details of your case is the best way for you to get an estimate of the damages for your case. Contact an attorney today for a consultation to learn more about how much your case is worth.
What Should I Do After a Motorcycle Accident?
What you do after a motorcycle accident can make or break the success of your claim. It is important to protect your physical health and the validity of your legal claim. Consider doing the following after a motorcycle accident.
Seek Medical Attention
Seek medical attention immediately after a motorcycle accident. You need a medical evaluation, especially after suffering a brain injury.
Taking care of your physical health is important, but following the doctor’s orders is also critical to your legal claim. It is important to follow any treatment plan assigned to you. Failing to follow your doctor’s orders can give the insurance company what they need to cast doubt on your claim.
Make a Claim With Your Insurance Company
Depending on the terms of your insurance policy, you might be required to report an accident to keep your coverage. However, you should always speak to an attorney before speaking to the insurance company- even if it is your insurance carrier.
Contact An Attorney
Contact an attorney as soon as possible after a motorcycle accident. An attorney can help you understand your rights after an accident and decide what route to take as you pursue financial compensation.
What Evidence Do I Need In a Motorcycle Accident Case?
You need proof to win a motorcycle accident case. To prove that another driver or entity caused the accident, you might need to provide evidence like the following.
- Medical records
- Pictures of your injuries
- Proof of property damage
- Witness statements
- Police reports
- Physician opinions
- Videos of the crash
An experienced Gainesville motorcycle accident lawyer can collect this information and ensure that lack of access to evidence is not the reason you lose your motorcycle accident case.
How Long Do I Have To Sue After a Motorcycle Accident?
Motorcyclists who have suffered a brain injury do not have an unlimited amount of time to file an insurance claim or a personal injury lawsuit. Each state imposes a deadline to pursue financial compensation after an accident. The deadline for filing a claim is called the statute of limitations.
Meeting the deadline outlined in the state’s statute of limitations is critical to your case. Missing the deadline can be fatal in your case. Most states bar recovery after the statute of limitations passes.
Contact A Motorcycle Accident Attorney Today!
Contact a Gainesville motorcycle accident lawyer today if you have suffered an injury in a motorcycle accident. Let an experienced advocate help you navigate the legal process. Motorcycle claims are often complex, so having an attorney helps you understand your legal rights and options for compensation after a motorcycle accident.
Contacting an attorney who has experience in brain injury cases can provide you with the support and guidance you need during this challenging time. Do not delay! Contact a motorcycle accident attorney today.