That’s why the motorcycle accident attorneys at Kherkher Garcia, LLP provide real, comprehensive, and reliable legal information. We want our clients and communities to have the information that matters, and know where to turn for help.
Below, we provide our answers to some of the most frequently asked questions about motorcycle accidents. If you have additional questions, please contact us to learn more.
FAQs about Motorcycle Accident Claims
Remember that these questions are generalized, and you should contact an attorney to discuss your specific circumstances.
What are the Common Causes of Motorcycle Accidents?
Motorcycle accidents can have various causes, and it is important to be aware of these factors to minimize the risk. Here are some common causes of motorcycle accidents:
- Distracted Driving: Drivers who are distracted by their phones, other passengers, or other activities may fail to notice motorcycles on the road, leading to accidents.
- Lane Changing and Merging: Many accidents occur when a driver fails to see a motorcycle while changing lanes or merging, resulting in a collision.
- Failure to Yield Right of Way: Motorcycles may be more difficult to see compared to larger vehicles, and some drivers may not yield the right of way to motorcyclists at intersections or when turning.
- Speeding: Excessive speed reduces a driver’s ability to react to sudden changes in traffic conditions or unexpected movements by motorcycles, increasing the risk of accidents.
- Impaired Driving: Alcohol, drugs, or other substances can impair a driver’s judgment, coordination, and reaction time
- Road Hazards: Motorcycles are more vulnerable to road hazards like potholes, uneven pavement, gravel, or debris, which can lead to loss of control and accidents.
- Inexperienced Riders: Lack of riding experience and improper training can contribute to accidents. Inadequate knowledge of motorcycle handling and defensive riding techniques increases the risk.
- Vehicle Blind Spots: Motorcycles can easily fall into the blind spots of larger vehicles, making it harder for drivers to see them.
- Weather Conditions: Adverse weather conditions like rain, snow, or strong winds can affect visibility and traction, making it more challenging to control a motorcycle and increasing the risk of accidents.
It is crucial for both motorcyclists and other drivers to remain vigilant, practice defensive driving, and respect each other’s space on the road to reduce the likelihood of accidents.
What Injuries are Common in Motorcycle Accidents?
Motorcycle accidents can result in a wide range of injuries, varying in severity depending on factors such as the speed of the collision, protective gear worn, and the type of impact. Here are some common injuries that can occur in motorcycle accidents:
Head Injuries
Traumatic brain injuries (TBI) are a significant concern in motorcycle accidents. Even with helmets, head injuries can occur, ranging from mild concussions to severe brain damage. Helmets can greatly reduce the risk and severity of head injuries.
Fractures and Bone Injuries
The impact of a motorcycle accident can lead to fractures and broken bones in various parts of the body, such as arms, legs, wrists, ribs, and collarbones. These injuries may require surgery, casting, or other forms of treatment.
Road Rash
When a motorcyclist slides across the road during an accident, it can cause abrasions, commonly known as road rash. Road rash can range from minor scrapes and bruises to deep lacerations, which may require medical attention and can result in scarring.
Spinal Injuries
Motorcycle accidents can cause spinal cord injuries, which can result in paralysis or loss of sensation. These injuries can have long-lasting and life-altering effects.
Soft Tissue Injuries
Sprains, strains, and tears in ligaments, tendons, and muscles are common in motorcycle accidents. These injuries can cause pain, limited mobility, and may require physical therapy for recovery.
Internal Injuries
The force of impact in a motorcycle accident can cause damage to internal organs, leading to internal bleeding, organ ruptures, or other serious complications. Internal injuries may not always be immediately apparent, so it’s important to seek medical evaluation after an accident.
Facial Injuries
Injuries to the face and jaw can occur due to impact with the ground, other vehicles, or objects during a motorcycle accident. These injuries may include fractures, lacerations, dental damage, and facial disfigurement.
Psychological Trauma
Motorcycle accidents can result in psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, or depression. The emotional impact of the accident should not be overlooked, and seeking professional help may be necessary for recovery.
This list is not exhaustive. Furthermore, the severity and type of injuries can vary widely depending on the circumstances of the accident. If you are involved in a motorcycle accident, it is crucial to seek immediate medical attention to ensure proper evaluation and treatment.
What Should I Do in the Event of a Motorcycle Accident?
After a motorcycle accident, it is important to prioritize your safety and well-being. Here are a few steps you may want to take to protect yourself and others, and protect your legal rights:
- Stay Calm: Take a deep breath and try to remain calm. Panicking can make the situation worse.
- Assess Injuries: Check yourself and others involved in the accident for injuries. If anyone is seriously injured, call emergency services immediately.
- Move to a Safe Location: If you’re able to do so safely, move yourself and your motorcycle out of the flow of traffic to prevent further accidents or injuries.
- Contact Authorities: Call 911 to report the accident. They can document the incident and provide necessary assistance.
- Exchange Information: Exchange contact and insurance information with the other party involved in the accident. Obtain their name, phone number, address, license plate number, insurance company, and policy number. It’s also helpful to gather information from any witnesses present.
- Document the Scene: Take photos of the accident scene, including the damage to both vehicles, skid marks, and any relevant road conditions. This documentation can be useful for insurance claims or legal purposes.
- Seek Medical Attention: Even if you believe your injuries are minor, it’s important to get a medical evaluation. Some injuries may not be immediately apparent, and having a medical record can be useful if you need to file an insurance claim.
- Notify Your Insurance Company: Contact your insurance provider as soon as possible to report the accident and initiate the claims process. They can guide you through the necessary steps.
- Get Legal Advice: If you experience significant injuries or property damage, it may be beneficial to consult with a personal injury attorney who specializes in motorcycle accidents. They can provide guidance on legal matters and help protect your rights.
Remember, these are general suggestions, and it’s important to consult with professionals for personalized advice based on your specific situation.
What Should I Do if an Insurance Company Calls Me?
If an insurance company contacts you after your motorcycle accident, there are a few things you should do (and should not do):
- Do not give a recorded statement. The insurance company may ask you to give a recorded statement about the accident. You are under no obligation to do this, and it could be used against you later. If you do give a statement, make sure you are clear and concise, and do not admit fault.
- Contact your own insurance company. If you have collision coverage, your insurance company will pay for the damage to your motorcycle. They may also be able to help you with medical expenses and lost wages.
- Consider hiring an attorney. An experienced motorcycle accident attorney can help you protect your rights and get the compensation you deserve.
It is important to remember that the insurance company is not your friend. They are there to protect their own interests, and they may try to low-ball you on a settlement offer. If you’ve been injured in a motorcycle accident, it is important to get legal help to protect your rights.
Should I Hire an Attorney after my Motorcycle Accident?
Hiring a qualified motorcycle injury attorney can be extremely helpful. An attorney can evaluate the specific details of your case and provide you with personalized advice based on your circumstances. They can help you understand your legal options and guide you through the legal process if you decide to pursue a claim.
Some things to consider when deciding if you should hire an attorney include:
Severity of Injuries
If you have suffered severe injuries or long-term disabilities as a result of the accident, it may be beneficial to consult with a personal injury attorney. They can help protect your rights, navigate complex legal processes, and ensure you receive appropriate compensation for medical expenses, rehabilitation costs, lost wages, and pain and suffering.
Liability Disputes
If there is a dispute over who is at fault for the accident, hiring an attorney can be valuable. They can investigate the accident, collect evidence, interview witnesses, and build a strong case to establish liability.
Insurance Company Challenges
Dealing with insurance companies can be complex and challenging, particularly when it comes to negotiating fair settlements. Insurance adjusters may try to minimize your claim or shift blame onto you. An attorney experienced in personal injury law can advocate for your interests, handle communications with the insurance company, and help you pursue a fair settlement.
Legal Expertise
Personal injury attorneys specialize in handling cases like motorcycle accidents and have a deep understanding of relevant laws, regulations, and court procedures. Their expertise can be invaluable in building a strong case, identifying potential legal claims, and maximizing your chances of a favorable outcome.
Time Limitations
Keep in mind that there are time limits, known as statutes of limitations, within which you must file a personal injury claim. These limits vary by jurisdiction, and consulting a attorney promptly can ensure you don’t miss any important deadlines.
Peace of Mind
Going through a motorcycle accident can be physically, emotionally, and mentally overwhelming. Hiring a attorney can provide you with peace of mind, knowing that you have a legal professional advocating for your interests and handling the legal complexities on your behalf.
Should I File a Lawsuit after a Motorcycle Accident?
Whether or not you should file a lawsuit after your motorcycle accident is a complex decision that depends on a number of factors, including the severity of your injuries, the amount of your medical expenses, and the fault of the other driver.
Here are some things to consider when making your decision:
- The severity of your injuries. If you have been seriously injured in a motorcycle accident, you may need to file a lawsuit in order to recover the full cost of your medical care.
- The amount of your medical expenses. If your medical expenses are significant, you may need to file a lawsuit in order to recover all of the money you have spent.
- The fault of the other driver. If the other driver was clearly at fault for the accident, you may be more likely to succeed in a lawsuit.
- The statute of limitations. In most states, you have a limited amount of time to file a lawsuit after a motorcycle accident. If you wait too long, you may be barred from filing a lawsuit altogether.
If you are considering filing a lawsuit after your motorcycle accident, it is important to speak to an experienced attorney as soon as possible. An attorney can help you assess your case and determine whether or not you have a good chance of success.
Here are some additional tips for deciding whether or not to file a lawsuit after a motorcycle accident:
- Consider the long-term impact of your injuries. Even if your injuries are not severe at first, they may have a long-term impact on your health and ability to work.
- Think about your financial situation. Can you afford to pay for your medical care and other expenses out of pocket?
- Evaluate your emotional well-being. Are you ready to deal with the stress and uncertainty of a lawsuit?
Ultimately, the decision of whether or not to file a lawsuit is a personal one. There is no right or wrong answer, and the best decision for you may not be the best decision for someone else. However, if you have been injured in a motorcycle accident, it is important to speak to an attorney as soon as possible so that you can make an informed decision about your legal options.
How Much Does a Legal Consultation Cost?
When you contact Kherkher Garcia, you are provided with a 100% free consultation. We believe that every injured victim deserves the opportunity to explore their legal rights and determine their options for pursuing recovery.
To start your free consultation, call us at 713-333-1030, or complete our contact form.
Image by Freepik
