Steven A. Bagen | August 26, 2024 | Motorcycle accident
Motorcycle accidents are serious and prevalent across the United States. Accident victims need an advocate to work on their behalf to protect their legal rights and help them recover financially after a crash. An experienced motorcycle accident attorney can help you and your family get your lives back to normal after a motorcycle accident.
You will undoubtedly have many questions after a motorcycle accident, especially if you believe that you were partly responsible for causing the accident. Creating the best legal team for you will help ensure that your questions are answered and that you get solid advice about how to move forward with your case.
Contact a motorcycle accident lawyer today if you have suffered an injury in an accident. Start putting your life back together. Let your Gainesville motorcycle accident lawyer handle the financial and legal side of getting your life back to normal while you focus on your physical recovery.
What If I Am Partially Responsible For Causing The Accident?
After an accident, you might be worried that you were at least partially responsible for causing a motorcycle accident. Do not blame yourself. Determining liability is sometimes complex, which gives insurance companies the room they need to put blame on accident victims.
Insurance companies use some bad faith tactics that help keep their profits high at the expense of accident victims receiving fair compensation. Some examples of how insurance companies might try to hold you accountable and how an attorney can help include the following.
Blame Shifting
One of insurance carriers’ most common tactics to avoid payment is blame shifting. Blame shifting happens when insurance companies use anything the victim does to negate their injuries and losses. For example, the victim’s failure to adhere to a physician’s treatment plan can allow the insurance company room to blame you for the accident. Working with an attorney will protect you against blame-shifting.
Delay
Sometimes, insurance companies delay communications to frustrate the accident victim. In this scenario, the delay in communication and coverage can tempt the victim into accepting some blame for the accident just to resolve the case. An attorney will communicate with the insurance company on your behalf to prevent this frustration.
Deceptive Settlement Practices
Some insurance companies engage in deceptive settlement practices. One example is misrepresenting the claim’s settlement value. An adjuster might present a lowball settlement offer as more favorable than it is to get you to agree to settle quickly. An insurance adjuster might even go so far as to claim that since you are partially responsible, this is the best settlement you can get. Do not accept a settlement offer without speaking to an attorney first. An attorney will help avoid a lowball settlement offer.
Failure to Investigate
Sometimes, insurance companies fail to conduct a proper investigation. An incomplete investigation may ignore vital evidence. Ignoring this evidence can help insurance companies find a reason to blame you for the crash. A biased investigation from the insurance company can also give an insurance company a reason to deny your claim. Your personal injury attorney will investigate to protect you from an improper investigation.
Misleading Communication
Having a lawyer communicate with the insurance company after an accident is a good idea. Some insurance companies intentionally use misleading communication tactics with accident victims to avoid paying settlements. Examples of misleading communication from insurance companies can include false promises or confusing language, which can cause you to accept fault improperly.
Denial of Coverage
Insurance companies sometimes deny coverage even if the victim is entitled to it. After a motorcycle accident, an insurance company might try to connect your current injuries to a previous condition. This underhanded tactic might leave the victim taking at least partial responsibility for their losses. This is one reason why having legal counsel after an accident is key. Moreover, you must share your medical records and treatment plan with your attorney.
Claim Denials
Some insurance companies will improperly deny claims without a real reason. They might share intentionally misinterpreted policy language to keep you from a financial recovery. Insurance companies might even claim that the terms of the policy prevent you from receiving compensation. An attorney can review policy terms and ensure an insurance company does not take advantage of you.
Ignoring Policyholder’s Rights
Some insurance companies intentionally ignore policyholder’s rights during the settlement phase. You might get communication from an insurance company that neglects to inform you about the company’s legal obligations to you. Some insurance companies do not adhere to state laws and mishandle claims. An attorney will help avoid this behavior from insurance companies.
Having an attorney is the best tool you can use to avoid getting blamed for an accident that is not your fault. Do not fall victim to any of the above bad faith tactics that insurance companies use to put the blame on the victim. If you have suffered an injury in a motorcycle accident, contact an experienced attorney to learn your legal rights and options for compensation.
Motorcycle Accident Facts
According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are overrepresented in the number of fatal traffic accidents across the country. According to statistics published by the NHTSA, nearly 6,300 motorcyclists were killed in accidents in 2022. The number of motorcyclists dying in traffic accidents represents 15 percent of all traffic fatalities that year.
According to the National Safety Council (NSC), motorcyclists make up only three percent of all registered vehicles across the country. Motorcycles made up only 0.7 percent of all vehicle miles traveled across the United States in 2022. The number of deadly traffic accidents involving passengers and riders increased by one percent from 2021 to 2022.
Common Injuries After a Motorcycle Accident
No two accidents are the same, but motorcyclists are vulnerable to severe injuries despite the facts surrounding the accident. Some of the most common types of motorcycle accidents include the following.
Facial Injuries
Facial injuries are common after motorcycle accidents. Facial injuries can cause deformities after an accident. Motorcyclists might suffer from jaw, face, and dental injuries as well as fractures and lacerations. Contacting the pavement, another vehicle, or other objects during a crash increases the odds of these injuries.
Head Injuries
Motorcyclists are at risk of head injuries after an accident. Even if the rider wears a helmet, they remain at significant risk for a head injury. There is a large range of types of head injuries, including from concussions to traumatic brain injuries. A head injury can easily cause long-term effects. Head injuries are serious, so make sure to get medical assistance immediately after the accident.
Road Rash
A road rash occurs when the rider’s skin contacts the pavement during an accident. The severity of a road rash can range from minor scrapes and abrasions to deep cuts into the skin. The type of treatment required to help heal the rider’s road rash also ranges from cleaning the area to the need for skin grafts to help the rider avoid infection.
Internal Injuries
The possibility of internal injuries is a major reason to get immediate medical attention after a motorcycle accident. Internal bleeding or organ damage, for example, cannot be discovered without a medical examination. Internal injuries are severe and potentially life-threatening.
Fractures and Broken Bones
Broken bones and fractures are common after a motorcycle accident. Motorcyclists are particularly vulnerable to broken bones and fractures because of the lack of covering. Riders have their arms, wrists, collarbones, and legs exposed to the concrete during an accident. These injuries often require surgery to heal.
Spinal Cord Injuries
Spinal cord injuries can leave the victim paralyzed. Spinal cord injuries can affect how the victim experiences movement and sensation in their extremities. It is vital to have a settlement that covers the impact of your life after suffering from a spinal cord injury.
Soft Tissue Injuries
Soft tissue injuries include bruises, sprains, strains, muscle damage, injuries to tendons and ligaments, and contusions. They do not usually require extensive treatment, but the effects can last a lifetime.
Emotional Trauma
Recovering financially from emotional trauma is vital after a motorcycle accident. Motorcycle accident victims are particularly vulnerable to severe injuries after a crash. The aftermath of injuries can lead to long-lasting emotional trauma. Speak to an attorney to learn more about your right to recover from emotional trauma.
How Can a Motorcycle Accident Attorney Help Me After An Accident?
Your legal team will help throughout the legal process. Contact an attorney after a motorcycle accident to learn more about how they can help protect your right to financial compensation.
Help Assess Liability
A Gainesville motorcycle accident lawyer will use their professional experience to evaluate the facts of your case and determine liability. Assigning fault is an important part of your accident case. Whichever party is liable for causing the accident is also responsible for paying for the victim’s damages.
Help You Investigate And Gather Evidence
Your attorney will help investigate and gather evidence after a motorcycle accident case. Evidence is critical to proving each element of a negligence case. Some evidence is more difficult to collect than other types of evidence. For example, an individual might have difficulty finding traffic video footage or hiring an accident reconstructionist. These difficult pieces of evidence to collect can make or break your accident case.
Help During the Negotiation Phase
Settlement negotiations can be a difficult phase during an accident claim. An attorney reduces the difficulty and helps you fight against large insurance companies. Insurance adjusters work to protect the company’s bottom line. Protecting profit margins often means offering lowball settlements to accident victims. Letting an attorney work on your behalf helps protect you from bad-faith negotiation tactics from insurance companies.
Help Create a Legal Strategy
An experienced Gainesville motorcycle accident lawyer can use their extensive knowledge to create a solid case strategy to maximize your potential success after an accident. Your attorney will help you navigate the legal complexities and guide you about your legal options following a crash.
Represent You In Court
Your attorney may file a personal injury lawsuit when settlement negotiations do not result in a satisfactory settlement offer. Filing a lawsuit can be complex, and fighting in court can be scary. An attorney can help ensure you follow all applicable procedural rules, meet deadlines, and present your case in court.
Help Understand Your Claim’s Worth
Understanding the worth of your case can be difficult. While no two accidents are the same, there are critical pieces of evidence that help estimate how much your case is worth. A Gainesville motorcycle accident lawyer can help you understand the worth of your motorcycle accident case. Some things that influence the financial value of your case include the following.
- The severity of your injuries
- Disability status
- Lost income and lost earning capacity
- Property damage
- Psychological trauma
Speaking with a motorcycle accident lawyer is the best first step to take if you believe you are partly to blame for your motorcycle accident. Consulting a knowledgeable personal injury lawyer is crucial. An attorney can provide you with clarity on your legal options and protect your legal rights. An experienced motorcycle accident attorney will advocate for fair compensation based on the specifics of your case and the laws in your state regarding comparative negligence.
Contact a Motorcycle Accident Attorney Today!
When you’re involved in a motorcycle accident, it’s easy to blame yourself. But it’s important to remember that accidents are often the result of multiple factors and it may not be entirely your fault. A skilled attorney will thoroughly investigate the accident and gather evidence to determine liability and they will work tirelessly to build a strong case on your behalf.
Having a Gainesville motorcycle accident lawyer working on your behalf is the best way to set yourself up for success as you try to collect compensation after a crash. Your legal team is a valuable resource for answering your questions and giving legal advice to help you make the best decisions after a crash. Contact an attorney immediately after suffering motorcycle accident-related injuries, damages, and other losses.