Should I Get a Lawyer for a Motorcycle Accident?

June 10, 2024 | Thomas L. Stroble
Should I Get a Lawyer for a Motorcycle Accident?

Hitting the road on your motorcycle can be thrilling. But riding a motorcycle has risks. Sometimes, you can be seriously injured in a motorcycle accident despite your actions. Unfortunately, many motorcyclists suffer severe or fatal injuries on motorcycles through no fault of their own. You should always speak to a motorcycle accident attorney if you have serious motorcycle crash injuries. A motorcycle accident lawyer will represent your interests and ensure you receive the most compensation for medical bills, pain and suffering, and lost earnings.

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Why Motorcycle Accidents Cause Worse Injuries And Damages

A tragic car and motorcycle accident involving an unconscious man.

Any motor vehicle accident can lead to serious injuries, but motorcycle crashes are in a separate class. Motorcycle accidents cause more serious and fatal injuries than other types of motor vehicle accidents.

Federal statistics show that motorcyclists have a higher risk of severe injury and death in crashes. The NHTSA reports that motorcycle riders are 22 times more likely to be in a deadly accident than passenger vehicle occupants. J.D. Power reports that motorcycle accidents have an alarming 80 percent fatality rate, too. More troubling statistics about motorcycle accidents are:

  • Although motorcyclists comprise only three percent of registered U.S. vehicles, they are involved in 14.6 percent of all traffic deaths and three and a half percent of all injuries. 
  • Deaths among motorcyclists rose one percent from 2021 to 2022. 
  • Over the last decade, the number of motorcycle accident deaths has climbed 32 percent. 
  • The number of motorcycle deaths in 2023 was 6,218, with a rate of 26 per 100 million miles driven. 
  • Most fatal motorcycle accident deaths happen on city roads, in good weather, and during the day. 

There are several reasons that motorcycle crashes cause serious injuries, death, and damages:

  • No protection: The motorcyclist isn't protected by the vehicle, so the rider is completely exposed to the direct forces of impact. Motorcycles also do not have airbags and seat belts. When a vehicle hits you on a motorcycle, your body can slam into the other vehicle, then the ground, and possibly even other vehicles. The physical trauma can be several times what it would be in a car accident. 
  • Difference in vehicle sizes: A typical passenger vehicle weighs between 3,000 and 5,000 pounds. A motorcycle may weigh 300 or 400 pounds. If a vehicle ten times bigger hits you on a motorcycle, the impact forces have a much greater effect on you than the other party. 
  • Braking: Motorcycle accidents can sometimes be partially caused by braking. If another driver does something that endangers the rider, they may slam on the motorcycle's brakes. It's easy in an emergency for the motorcyclist to lose control and get hurt. Injuries in a sliding accident can be devastating, even if the rider isn't struck by another vehicle. 
  • Instability: A motorcycle usually has two wheels and is more unstable than a car. The rider can easily lose control in a crash and be thrown off at high velocity. 
  • Visibility: Motorcycles are not as visible as other vehicles. 
  • Weather and road dangers: Motorcyclists can be more easily injured by bad weather and road hazards. 
A blurry image of a biker riding during heavy rainfall at night. Selective focus.

When these factors are combined, motorcycle accidents almost always cause more serious injuries, medical bills, and other damages than auto accidents. Being seriously injured in a motorcycle crash can lead to a case easily being worth six or seven figures. You can be temporarily or permanently disabled and unable to work. It is almost impossible for an injury victim to obtain fair damages for serious motorcycle crash injuries without an attorney.

Anyone with significant damages needs an experienced motorcycle crash attorney to maximize compensation. You also can benefit from a motorcycle accident attorney in less serious crashes. A personal injury lawyer can review your case for free and outline your legal options. They are only paid if your case results in compensation. You also do not have to pay upfront legal costs, so there is no risk of having a personal injury attorney review your case.

How Does A Motorcycle Accident Attorney Help Your Case? 

Motorcycle crashes usually involve serious injuries, and they can become complex because insurance companies may have a bias against motorcyclists. This isn't fair; the other driver may be completely at fault. But it's a reality. A motorcycle accident lawyer will ensure that your rights are represented:

  • Obtain all evidence related to the case, such as police reports, photos and videos of the accident, eyewitness statements, physical crash evidence, and more. 
  • Ensure you receive the best medical care and evaluation to identify and treat injuries correctly. 
  • Handle communications between you, the at-fault party, and any insurance companies involved. 
  • Maximize your financial recovery by completely understanding your injuries and prognosis, ability to earn a living, lost earnings, property damages, and pain and suffering. 
  • Work tirelessly to negotiate a fair settlement for your injuries, lost earnings, and pain and suffering. 
  • When settlement negotiations fail, take the case to court and make the best case to a jury for fair compensation. 
  • Always represent your best interests, treat you fairly, and receive the most for your losses. 

Your attorney is the way you will level the playing field with aggressive insurance company lawyers. Don't go without one!

Why Always Consult A Motorcycle Accident Attorney

A motorcycle prohibition sign indicating that riding motorcycles is prohibited.

Most motorcycle accidents involve significant injuries and property damage. It's difficult for a non-attorney to understand the full value of a major accident claim. Attempting to negotiate your settlement can lead to you receiving less money than you deserve. This isn't just unfortunate; it can be disastrous.

Here's how: Suppose a driver rear-ends your bike at a red light. You slam into the car's hood, then hit the ground. You seriously injure your back and ribs and spend two days in the hospital. You have thousands in medical bills and are out of work for three weeks.

But you take the initial settlement from the at-fault driver's insurance company without consulting a personal injury attorney. You sign a release form, which means the case is over, and you cannot obtain more compensation later.

A month later, you can't get out of bed. It turns out you have nerve damage in your back, and it affects your ability to feel in your lower body and walk. But the case is over, and you cannot get additional money for your medical bills and lost income.

A motorcycle accident attorney knows your injuries can be much more severe in a crash than initially thought. That's why they always wait to negotiate a settlement until your injuries are fully understood and you've reached maximum medical improvement (MMI).

Therefore, always have a skilled motorcycle crash lawyer review your case. It's free; they'll tell you if there isn't a strong case.

What Are Common Motorcycle Accident Injuries? 

Motorcycle crashes cause worse injuries and more financial damages and losses. What are the most common motorcycle crash injuries? They include:

  • Broken bones: Bones can be severely broken or shattered when the rider hits the vehicle or ground. Common severe fractures are to the femur, forearm, shin, and pelvis. 
  • Leg and foot injuries: Approximately 30 percent of non-fatal motorcycle crashes affect the legs and feet. They can be broken, have skin and flesh torn off, and even be crushed or amputated. 
  • Road rash: This is common in motorcycle accidents, ranging from minor to severe. A road rash is a skin abrasion when the rider is tossed from the bike and skids on the ground. Road rash can lead to serious complications, including nerve damage and infections. Leather clothing can reduce road rash injuries. 
  • Neck and head injuries: Studies show that larger motorcycles lead to a greater risk of serious head injuries. Head injuries can include brain damage, disfigurement to the face and skull, and sometimes death. 
  • Spinal injuries: The thoracic spine is often injured in crashes. But any part of the spine can be damaged in an accident. Any fracture or other damage to the spine can cause nerve damage or paralysis. 
  • Abdominal injuries: Older riders are more likely to injure their chest and thorax seriously. Common injuries include lung punctures, lacerations, and rib fractures. There also may be heart lacerations and damage to major blood vessels. 
  • Arm and hand injuries: Arm, hand, and wrist injuries are common because riders may naturally throw their arms out to break a fall. A common injury to the arm is nerve damage when the rider slams into the ground. The arm can even be paralyzed in a collision with the ground or vehicle. 
  • Burns: If a fuel tank ruptures, the rider can be severely burned; skin grafts may be needed. 
  • Muscle damage: In severe road rash, there can be damage to muscle and other tissues. 
  • Traumatic brain injuries (TBI): Many serious crashes lead to TBIs, which often cause serious brain damage or death. 

Anyone seriously injured in a motorcycle crash needs a skilled attorney. The at-fault driver's insurance company will fight any claim, especially with a high case value. The insurance company might even blame you for causing the accident. Insurance companies and juries may be biased against motorcyclists, believing that riders are often risk-takers and cause their own injuries. This is usually untrue, but this bias can affect your settlement. That's why having a highly skilled motorcycle accident attorney is vital.

Want To Get More For Your Motorcycle Accident Claim? 

A broken motorcycle at the site of a road accident.

Hiring a motorcycle accident attorney will almost definitely get you more compensation for your injuries and other damages. There are other things you can do to boost your settlement potentially:

  • Focus on your recovery: There are many things to worry about after a motorcycle accident, but your priority should be on getting better. Let your accident attorney handle all the legal and insurance aspects. You need to get better. This means following your doctor's instructions and treatment plan to the letter. Attend every appointment and specialist appointment and do what they tell you. The insurance company will find out if you don't follow your doctor's instructions, impacting your claim. 
  • Preserve evidence: Getting compensation means proving another party was to blame for the crash. Proving liability means showing a lot of evidence. You could have important evidence, such as video from your helmet camera or crash scene photos. Keep all items related to the crash, including evidence, your helmet, clothing, the bike, etc. Also, turn over any statements from eyewitnesses to your lawyer. 
  • Call the police: No matter what the other party in the crash says, call the police to report the accident. You might think you are not hurt, but you can be wrong. The police report may be an important piece of the evidence puzzle. You don't want to lose it. Plus, you should report any auto accident with injuries or significant damages to the police. The other driver can say you hit and ran if you don't. 
  • Don't make motorcycle repairs: It's understandable to fix your bike if it's your only available transportation. However, repairing the vehicle can eliminate critical crash evidence. The motorcycle's damages can show clues about how the crash occurred. 
  • Track your damages: You must prove you have damages from the crash. You need to save all medical bills, health insurance invoices, receipts, and other expenses you wouldn't have had without the crash. 
  • Never speak to the other party's insurance company: They only want you to say something that damages your claim. The most innocent statement - "I'm ok" - can be used against you. Let your attorney deal with the insurance company

Your attorney can do much to maximize your financial recovery. You also can do a lot to increase the chances of receiving full compensation for your losses. This is often especially important with motorcycle crashes because accident victims are often grievously injured.

Contact A Motorcycle Accident Attorney Now

A motorcycle accident can leave you with overwhelming, painful, long-term injuries. If another party hits and injures you, seeking immediate legal representation is important. A motorcycle accident lawyer will ensure maximum compensation for your current and future damages. Learn more by contacting a personal injury lawyer today.

Schedule a Free Initial Consultation Today!

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Thomas L. Stroble

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Mr. Stroble is a highly accomplished graduate of Michigan State University, with degrees in both science and law. He specializes in commercial lawsuits and personal injury cases. Licensed to practice law in Michigan and even the U.S. Supreme Court, he’s a well-qualified legal expert. Besides his career in law, he loves outdoor activities and volunteers as a part-time police officer in Birmingham.

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