Steven A. Bagen | October 8, 2024 | Motorcycle accident

A motorcycle lies on its side after a collision with a red SUV, with the front wheel of the SUV on top of the motorcycle. The accident scene is on a road with trees and a metal barrier in the background.

Motorcycle accidents due to driver negligence can bring about various types of injuries. The ultimate value of a motorcycle accident claim or lawsuit depends on several factors, including the accident circumstances, the seriousness of the injuries, the extent of pain and suffering, and the cost of medical treatment and other damages. Consequently, there is no “average” payout for motorcycle accident cases. Rather, the final payout amount is very case-specific.

One of the most important steps you can take to maximize your payout in a motorcycle accident claim or lawsuit is to retain experienced legal counsel. A knowledgeable Gainesville Motorcycle Accident Lawyer in your jurisdiction can evaluate your case and estimate its likely settlement or verdict value. Your attorney can then handle every step of the process for you, from gathering documentation to settling or litigating your case in a timely manner.

 

What is the Average Payout for a Motorcycle Accident?

How Do Motorcycle Crashes Typically Result from Others’ Negligence?

Motorcycle collisions are often the result of negligence by other drivers. Motorcyclists are particularly vulnerable because they lack the protective barriers that cars provide. When other drivers fail to exercise caution, it can lead to serious accidents with devastating consequences.

  • One of the most common causes of motorcycle collisions is distracted driving. This occurs when a driver takes their attention off the road – whether to text, eat, or adjust the radio – and fails to notice a motorcyclist in their lane or nearby. In these cases, the driver may not see the motorcyclist in time to avoid a collision, which can result in rear-end crashes or sideswipes.
  • Failure to yield is another frequent cause of motorcycle accidents. Many drivers underestimate how quickly a motorcycle can approach – especially at intersections or when making a left turn across traffic. A driver may negligently turn in front of a motorcyclist, leading to a T-bone accident where the motorcycle strikes the side of the car, or the motorcyclist is thrown off their bike while trying to avoid a crash.
  • Speeding can also cause motorcycle accidents. When a driver is going too fast, they may not have enough time to react to a motorcyclist changing lanes or slowing down. The effect of a speeding car on a motorcycle can be catastrophic, causing the motorcyclist to lose control, be thrown from their bike, or be crushed in a collision.
  • Another form of negligence is driving under the influence of drugs or alcohol. Impaired drivers experience reduced reaction times and poor judgment, which increases their likelihood of hitting a motorcyclist. These types of accidents often result in severe injuries or fatalities, as motorcycles offer little protection to the rider.
  • Lastly, tailgating is especially dangerous for motorcyclists. When drivers follow too closely behind a motorcycle, they may not have enough time to stop when the motorcyclist brakes. This can lead to rear-end collisions, which often throw the motorcyclist off the bike, causing serious injuries.

Common Types of Injuries in Motorcycle Crashes

Motorcycle accidents that another driver causes may lead to severe injuries, largely because motorcyclists lack the protection that enclosed cars and trucks offer. Without a steel frame, airbags, or seatbelts, motorcycle riders are exposed to the full force of a collision. Here are some of the most common types of injuries motorcyclists may suffer in these accidents.

  • One of the most frequent and serious injuries is traumatic brain injury (TBI). Even when wearing a helmet, the force of a collision can cause the brain to move inside the skull, leading to concussions, contusions, or more severe brain damage. TBIs can result in long-term cognitive, emotional, and physical impairments. Without a helmet, the risk of a fatal brain injury also increases significantly.
  • Another common injury is road rash, which occurs when a rider is thrown from their motorcycle and skids across the pavement. Road rash ranges from mild scrapes to severe abrasions that remove layers of skin, sometimes exposing muscles and bones. Infections and permanent scarring are possible complications of road rash.
  • Fractures and broken bones are also common in motorcycle accidents. Due to the lack of protection, a rider’s arms, legs, ribs, and collarbones are particularly vulnerable. Motorcyclists often try to break their fall with their hands, resulting in broken wrists or arms. Severe fractures may require surgery and a long recovery period.
  • Spinal cord injuries are another serious consequence of motorcycle accidents. Damage to the spine can lead to partial or complete paralysis, depending on the location and severity of the injury. Paralysis can have a life-changing impact, affecting mobility, independence, and quality of life.
  • Internal injuries are also a significant concern. The force of a crash can cause internal bleeding or damage to organs such as the lungs, liver, or spleen. These injuries may not be immediately visible, making them particularly dangerous if the rider doesn’t seek prompt medical treatment. 
  • Lastly, soft tissue injuries like sprains, strains, and tears in muscles, ligaments, or tendons are common in motorcycle crashes. While less severe than fractures or TBIs, they can still cause significant pain and limit movement for an extended period of time.

These injuries can have long-lasting effects, leading to physical, emotional, and financial challenges for motorcycle accident victims.

How Much is a Third-Party Motorcycle Accident Case Worth?

The total value of a third-party motorcycle accident case depends on several key factors. These factors influence how much compensation you may receive. Understanding them can help you know what to expect if you are involved in such an accident.

  • One important factor is the overall severity of your injuries. Generally speaking, the more serious your injuries are, the higher your medical bills and the longer your recovery period may be. If your injuries are permanent, such as paralysis or brain damage, the value of your case will likely be much higher. This is because you will need long-term medical care and may be unable to work in the future.
  • Another factor is the amount of your lost earnings. If the accident caused you to miss time away from work, you can recover compensation for the income you lost. If your injuries are severe and prevent you from returning to your job, you may also receive compensation for future lost earnings. The total value will depend on your earning potential and how long your injuries are expected to affect your ability to work.
  • The third factor is pain and suffering. This includes both physical pain and emotional distress resulting from the motorcycle accident. The more severe your pain and suffering, the higher your compensation may be. Courts look at the effects of the accident on your daily life when determining how much you should receive for this type of damage.
  • Finally, property damage is considered. You may be compensated for repairs or the replacement of your motorcycle if it was damaged or totaled in the crash.

An experienced Gainesville Motorcycle Accident Lawyer in your jurisdiction can estimate the likely settlement or verdict value of your case based on your injuries and all of the circumstances involved. They can then file a third-party claim with the at-fault driver’s insurance company on your behalf and aggressively negotiate for the full compensation you deserve.

Elements of a Third-party Motorcycle Accident Claim or Lawsuit

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To succeed in a third-party motorcycle accident claim or lawsuit, you must prove certain elements to show that the other driver was at fault. Proving these elements is necessary to establish liability and recover compensation for your injuries and other losses. There are four main elements of proof in these cases: duty of care, breach of duty, causation, and

damages.

  • Duty of Care – The first element is proving that the other driver owed you a duty of care. This means that they had a legal responsibility to act in a way that would not harm others on the road. All drivers are required to follow traffic laws, drive safely, and be aware of their surroundings to avoid accidents. For example, a driver has a duty to stop at a red light or yield the right-of-way to a motorcyclist when necessary.
  • Breach of Duty – Next, you must show that the other party breached their duty of care. This happens when someone fails to act responsibly or violates traffic laws. A breach can occur in many ways, such as speeding, driving under the influence, or failing to signal before turning. If the driver who caused your motorcycle accident was texting while driving or ran a stop sign, for example, this would be considered a breach of their legal duty of care.
  • Causation – The third element is causation, meaning you must prove that the other driver’s breach of duty directly caused the accident and your injuries. It is not enough to show that the other driver was negligent; you must also prove that their actions were the direct reason for the crash. For instance, if a driver was speeding and hit your motorcycle, leading to your injuries, you must show that their speeding caused the collision and that your injuries directly resulted from the accident.
  • Damages – Finally, you must prove that you suffered damages as a result of the motorcycle accident. Damages can include physical injuries, medical bills, lost income, pain and suffering, and property damage. Without damages, there is no basis for a claim, even if the other party was negligent.

Litigation Options in a Motorcycle Accident Case

When you are involved in a motorcycle accident case, you have several options for how to resolve your claim. These include settling the case out of court, taking the case to trial, or pursuing alternative dispute resolution (ADR) methods like mediation or arbitration.

Settling the Case Out of Court

The most common option in motorcycle accident cases is to settle the case out of court. This means that you and the other party (usually through their insurance company) agree on a compensation amount without going to trial. Settlements can happen at any time during the legal process, even after a lawsuit has been filed. Settling out of court is often faster, less stressful, and less expensive than going to trial. In many cases, both parties prefer a settlement to avoid the uncertainties and expenses of a trial. However, you should ensure that the settlement offer is fair and covers all of your damages before accepting it.

Taking the Case to Trial

If a settlement cannot be reached, you may decide to take the case to trial. At a trial, both sides present their evidence and arguments in front of a judge or jury, who then decide the outcome of the case. Going to trial can be risky because the result is uncertain. However, it may be the best option if the insurance company refuses to offer you fair compensation. Trials can be time-consuming and costly, but they can also result in higher compensation if you win. Your attorney can help you decide if a trial is the best option for your case.

Alternative Dispute Resolution (ADR)

You may also consider using ADR methods like mediation or arbitration. In mediation, a neutral third party helps both sides negotiate a settlement. Mediation is non-binding, which means you can still go to trial if you don’t reach an agreement. Arbitration is a more formal process where an arbitrator hears both sides and makes a binding decision. ADR can be faster and less expensive than a trial, and it offers more control over the outcome compared to leaving it in the hands of a judge or jury.

An experienced Gainesville Motorcycle Accident Lawyer can help you determine the best option for your case and will aggressively advocate for the compensation you deserve.

If you recently sustained injuries in a motorcycle collision, a skilled Gainesville Motorcycle Accident Lawyer can determine your legal options. Your attorney can estimate the likely value of your case, file a timely claim or lawsuit on your behalf, and negotiate for the compensation you deserve. If the insurance company does not make you a fair settlement offer, your lawyer can litigate your case to a prompt resolution in the state court system.