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Motorcycle Accidents

Intro

Motorcycle accidents can have devastating consequences, often resulting in serious injuries, medical expenses, lost wages, and emotional trauma. At Green Injury Law Firm, we recognize the importance of swift action and thorough legal assistance in such critical situations. With years of experience and a deep understanding of personal injury law, we are committed to fighting vigorously on behalf of our clients to achieve the best possible outcomes.

Common Causes Of Motorcycle Accidents

  1. Driver Negligence: One of the primary causes of motorcycle accidents is driver negligence, including actions such as distracted driving, speeding, reckless maneuvers, and failure to yield the right of way.
  2. Unsafe Lane Changes: Motorcycles are often less visible than larger vehicles, making unsafe lane changes a significant risk factor. Drivers may fail to check blind spots or signals properly, leading to collisions with motorcycles.
  3. Left-Turn Accidents: Accidents involving left-turning vehicles are common for motorcycles. Drivers may misjudge the speed of an approaching motorcycle or fail to see it altogether when making a left turn at intersections.
  4. Rear-End Collisions: Motorcycles can be vulnerable to rear-end collisions, especially in heavy traffic or congested areas. Drivers following too closely or failing to brake in time can collide with motorcycles from behind.
  5. Driving Under the Influence (DUI): Alcohol and drug impairment significantly increase the risk of accidents for all road users, including motorcyclists. Impaired drivers may have reduced reaction times and impaired judgment, leading to collisions.
  6. Poor Road Conditions: Hazards such as potholes, uneven surfaces, gravel, and debris on the road pose dangers to motorcyclists. These conditions can cause loss of control, skidding, and accidents.
  7. Inexperienced Riders: Lack of experience or inadequate training can contribute to motorcycle accidents. New riders may struggle with handling their motorcycles, understanding traffic situations, and reacting to emergencies effectively.
  8. Weather Conditions: Adverse weather conditions like rain, snow, ice, and strong winds can increase the risk of accidents for motorcyclists. Reduced visibility, slippery roads, and decreased traction can make riding more challenging.
  9. Failure to Observe Right-of-Way: Violations of right-of-way rules, such as running stop signs or traffic lights, can lead to collisions involving motorcycles. Drivers and riders must adhere to traffic laws to prevent accidents.
  10. Defective Equipment: Malfunctioning motorcycle parts or equipment, such as brakes, tires, lights, or steering components, can contribute to accidents. Regular maintenance and inspection of motorcycles are essential for safety.
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What To Do After A Motorcycle Accident?

  • Check for injuries and call emergency services.
  • Move to a safe location if possible.
  • Exchange information with the other party involved.
  • Take photos of the accident scene, the vehicles involved, and any visible injuries.
  • Obtain contact information from witnesses.
  • Document the scene and gather evidence.
  • Preserve any damaged gear or motorcycle parts as evidence.
  • Do not admit fault or discuss details of the accident with the other party.
  • Notify your insurance company.
  • Keep communication with your insurance company concise and factual.
  • Seek medical attention even for minor injuries.
  • Follow the advice of medical professionals for recovery and rehabilitation.
  • Follow up with healthcare providers for ongoing treatment.
  • Keep a detailed record of medical appointments, treatments, and medications.
  • Notify your employer if the accident affects your ability to work.
  • Keep records of all expenses related to the accident.
  • Consider consulting a personal injury attorney to understand your rights and options.
  • Take steps to prevent future accidents, such as attending safety courses.
  • Be cautious of sharing details about the accident on social media or with the public.

The Green Injury Law
Firm Advantage

Seth P Green, ESQ

"I stand by my family name by providing each client personalized attention, compassionate attorney-client communication combined with a strategic and aggressive attack plan."

- Seth Green, ESQ.

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Family run business. We put our heart and soul into every single case.

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Hire our firm and get direct access to Attorney Green from start to finish.

What Our Clients Say

Recoverable Damage from Motorcycle Accidents

  • Medical Expenses
  • Lost Income
  • Property Damage
  • Pain and Suffering
  • Loss of Consortium
  • Permanent Disability
  • Punitive Damages
  • Wrongful Death Damages

Common Defenses To Motorcycle Accident Cases

  • Comparative Negligence: This defense asserts that the plaintiff (the injured party) shares some degree of fault for the accident. In states with comparative negligence laws, the compensation awarded may be reduced based on the percentage of fault attributed to the plaintiff.
  • Assumption of Risk: Defendants may argue that the plaintiff willingly assumed the risks associated with riding a motorcycle, such as the potential for accidents or injuries, and therefore should bear some responsibility for the consequences.
  • No Causation: The defense may claim that the plaintiff’s injuries were not directly caused by the defendant’s actions or negligence, but rather resulted from pre-existing conditions or unrelated factors.
  • Act of God Defense: This defense applies in situations where the accident was caused by unforeseeable natural events, such as extreme weather conditions or sudden emergencies, for which the defendant cannot be held liable.
  • Lack of Evidence: Defendants may challenge the evidence presented by the plaintiff, such as witness testimony, accident reconstruction reports, medical records, or documentation of damages, to dispute the validity or severity of the claims.
  • Statute of Limitations: If the plaintiff fails to file a lawsuit within the specified time limit (statute of limitations) set by state law, the defendant may use this as a defense to have the case dismissed.
  • Pre-Existing Injuries or Conditions: Defendants may argue that the plaintiff’s injuries were not solely caused by the accident but were exacerbated by pre-existing medical conditions or prior injuries.
  • Good Samaritan Defense: This defense applies if the defendant was acting as a “Good Samaritan” or providing assistance during an emergency, and any injuries or damages that occurred were unintentional or unavoidable.
  • Alleged Contributory Negligence: In states that follow contributory negligence laws, even if the plaintiff is found to be only partially at fault for the accident, they may be barred from recovering any compensation from the defendant.
  • Improper Conduct of Plaintiff: The defense may argue that the plaintiff’s actions, such as violating traffic laws, driving recklessly, or failing to wear appropriate safety gear, contributed significantly to the accident and resulting injuries.

How Long Does It Take To Resolve A Motorcycle Accident Case?

The time to resolve a motorcycle accident case varies based on factors like case complexity, extent of injuries, and legal processes. Initially, there’s an investigation phase lasting days to weeks, gathering evidence and assessing damages. Medical treatment and recovery then span weeks to months, influencing the overall timeline.

Legal consultation and preparation follow, taking weeks to months depending on case intricacies. Negotiating with insurance companies can range from months to years, with potential litigation extending the process further. Ultimately, settlements or trial outcomes can conclude the case, with resolutions taking months to years. Working with a skilled attorney can expedite the process and navigate legal complexities for a timely and favorable outcome.

Frequently Asked Questions

Motorcycle accidents can occur due to various factors, including driver negligence, speeding, distracted driving, road hazards, and inclement weather conditions. Lack of visibility, reckless behavior, and failure to follow traffic rules are also leading causes.
Firstly, prioritize your safety and seek medical attention for any injuries. Contact law enforcement to report the accident and gather information from witnesses. Exchange contact and insurance details with other parties involved. Document the scene, take photos, and avoid discussing fault or admitting guilt.
Practice defensive riding by staying alert, obeying speed limits, using turn signals, and maintaining a safe following distance. Wear appropriate safety gear, including helmets, gloves, jackets, and boots. Regularly maintain your motorcycle and attend safety courses to enhance your skills and awareness on the road.
Motorcycle accidents can result in a range of injuries, from minor cuts and bruises to severe trauma such as head injuries, spinal cord damage, fractures, and internal organ injuries. Riders are particularly vulnerable to road rash and limb injuries due to the lack of protection compared to enclosed vehicles.
A skilled motorcycle accident lawyer can provide legal guidance, assess your case, negotiate with insurance companies, and represent you in court if necessary. They can help recover compensation for medical expenses, lost wages, pain and suffering, and property damage, advocating for your rights and best interests.
If you’ve been injured in a motorcycle accident due to someone else’s negligence, you have the right to seek compensation for damages. This includes medical bills, rehabilitation costs, lost income, property damage, and emotional distress. Consulting with a lawyer specializing in motorcycle accidents can clarify your legal options and pursue a fair settlement or verdict.
Yes, it’s generally advisable to report the accident to your insurance company and provide a statement. Your insurance policy likely requires you to report accidents promptly.
It’s recommended to consult with a legal professional before stating the other driver’s insurance company. Your lawyer can help ensure that you provide accurate information and protect your rights.
Yes, if the police issued a ticket to another party involved in the accident, it can be used as evidence in your case to establish fault or negligence.
Depending on the circumstances and insurance coverage, either your insurance company or the at-fault party’s insurance may cover the repair costs for your motorcycle.
You may be eligible for a replacement motorcycle or a rental vehicle while yours is being repaired. This depends on your insurance policy and the specifics of the accident.
Medical expenses are typically covered by your health insurance, motorcycle insurance (if you have medical payments coverage), or through a personal injury claim against the at-fault party’s insurance.
Filing a claim for a motorcycle accident may lead to an increase in your insurance rates. However, this can vary depending on your insurance provider and the specifics of the accident.
Personal injury attorneys often work on a contingency fee basis, meaning they receive a percentage of the compensation you recover, typically around 33% to 40%.
The duration of a motorcycle accident case varies depending on factors such as the complexity of the case, negotiations with insurance companies, and court proceedings. It can take several months to several years to resolve.
The value of your motorcycle accident case is determined based on factors such as medical expenses, lost wages, property damage, pain and suffering, and the extent of liability of the parties involved. Evaluating these factors requires a thorough analysis by legal and financial experts.