Posted on November 28, 2022 at 4:41 PM by The Biker Lawyers

Read this BEFORE Moving Forward with your Personal Injury Claim

Image illustrating various types of personal injury claims

Learn the fundamentals every motorist should know about personal injury claims and lawsuits.

In this guide, we break down the various types of claims and what they mean to motorists. Before filing a personal injury claim after an accident, you'll want to read this complete guide to answer any questions about what may or may not be covered. You'll learn the basics for each subject followed by important information about recovering damages.

Click below to jump ahead to the topic you're interested in.

  1. Claims Involving Accidents Caused by Speeding Drivers

  2. Recovering Motorcycle Accident Claims

  3. No-Zone Motorcycle Accident Claims

  4. Accidents Caused by the Failure to Come to a Complete Stop

  5. Accidents Caused by a Failure to Properly Signal

  6. Filing a DUI/DWI Accident Claim

  7. Filing a Claim against a Negligent Trucking Company

  8. Filing a Brake Malfunction Claim

  9. Claims Against Your Insurance Company

  10. Filing Claims Against Another Driver’s Insurance Company

  11. Claiming Compensation from Another’s Insurance for Medical Care

  12. Recovering Compensation with a Roadway Defect Claim

  13. Pursuing Uninsured/Underinsured Motorist Claims

  14. Pursuing Obstructed Roadway Claims

  15. Lack of Warning Sign Claims

  16. Shoulder Drop-Off Claims

  17. Accidents Resulting from a Lack of Guardrails 

  18. Pursuing Compensation With a Property Damage Claim

  19. Safety Gear Defects

  20. Financial Restitution for a Motorcycle Malfunction


Claims Involving Accidents Caused by Speeding Drivers

Decorative image about accidents caused by speeding drivers

If you believe you were hit by a driver who was exceeding the speed limit, there is even more reason for you to take legal action to recover financial compensation that can offset the substantial financial burdens associated with your injuries. These accidents are highly preventable and our legal team can help you hold the responsible party accountable for their actions.

Compensation for Preventable Accidents

The Biker Lawyers understand the challenges that motorists must face on a day-to-day basis, and it is with that in mind that we may be able to help you develop a comprehensive legal strategy against the person who hit you. Our legal team will help you anticipate what the long-term losses of your injuries may come to be, including but not limited to the following:

  • The medical bills that pile up
  • The amount of income lost during recovery
  • Any diminishment to the quality of your life

There is a good chance that your motorcycle accident could have been prevented if the person who hit you was simply driving at or below the speed limit; our legal team can help you recover compensation for all your pain and suffering.

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Recovering Motorcycle Accident Claims

Decorative image about recovering motorcycle accident claims

Regardless of how they happen, motorcycle accidents can have a devastating impact on accident victims and their families. When an accident may be attributed to the negligence or recklessness of another, the accident victim may typically pursue financial compensation for his or her pain and suffering.

Motorcycle Accidents Claims

Our legal team understands just how much may depend upon a successful resolution of your claim; we will do everything we can to help you recover full compensation for the pain and suffering you have been made to endure after your accident. With that in mind, our legal team possesses the experience and the resources you will need to pursue any motorcycle accident claim, including those involving the following:

  • Single-Vehicle Motorcycle Accidents
  • Multiple Vehicle Motorcycle Accidents
  • DWI / DUI
  • Motorcycle Malfunction
  • Roadway Defects
  • Wrongful Death
  • Broken Bones and Scarring

There is no reason that the circumstances that led up to your accident should have ever been allowed to exist, to begin with; our legal team will be there to help you take legal action against the party responsible for the accident.

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No-Zone Motorcycle Accident Claims

Image illustrating the No-Zone for truck and motorcycle accidents

Truck drivers must take reasonable measures to ensure that no one has entered one of their blind spots before they make a turn or change lanes. Now that it seems clear that your motorcycle accident was caused by a truck driver who failed to properly monitor his or her no-zone areas, you should consider taking legal action to recover compensation for all your pain and suffering.

Recovering Compensation for Your Injuries

Our legal team understands just how critical the outcome of this claim will be for you and your family, and we can develop a legal strategy to help you recover compensation from the truck driver responsible for all your pain and suffering, including but not limited to the following:

  • The full cost of your medical and rehabilitative care
  • The amount of income that you lose during recovery
  • Any diminishment to the quality of your life

Whatever the particular circumstances of your claim happen to be, our legal team can help you evaluate your claim and may be able to help you pursue the compensation you will need to offset the financial burdens associated with the accident itself.

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Accidents Caused by the Failure to Come to a Complete Stop

Image illustrating an accident due to failing to stop

Despite their legal obligation to come to a complete stop at red lights and stop signs, the reality is that many drivers simply slow down before turning at a red light or continuing through the stop sign.

In many instances, these drivers do not have time to see motorcycles that are approaching and, as a result, end up causing serious accidents that can be life-threatening for motorcyclists. If you or a loved one was hurt in such an accident, there is a very good chance that you may be eligible to pursue compensation for all of your pain and suffering.

Claiming Compensation for the Accident

Once you are ready to move forward with your claim, our lawyers can develop a comprehensive legal strategy to help you pursue compensation for all of the pain and suffering that has come to be associated with the accident, including but not limited to the following:

  • Medical and rehabilitative care
  • Loss of income while you recover
  • Reduction in quality of life

Whatever the particulars of your claim happen to be, our legal team can evaluate your claim and then take the legal action necessary to hold the responsible party accountable for his or her actions.

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Accidents Caused by a Failure to Properly Signal

decorative image illustrating a turning signal.

Drivers are legally obligated to properly use their turn signals to indicate their intention to turn or change lanes on the roadway. Now that you or a loved one has been hurt in an accident caused by a driver who failed to properly use his or her signals, you should begin considering what legal action you may now choose to pursue against the party responsible for the accident.

Failing to Properly Signal Causes Accidents

The financial burdens associated with motorcycle accidents can be substantial, particularly because the injuries commonly sustained in these accidents are so severe. Bearing that in mind, our legal team can help you take the legal action that is necessary to help you recover compensation for all your pain and suffering, including but not limited to compensation for the following:

  • The full cost of your medical care
  • The amount of income you have lost out on
  • Any diminishment of your quality of life

Whatever the circumstances of your accident happened to have been, our legal team can evaluate your claim and then help you take the legal action you will need to recover compensation for the injuries you or a loved one sustained in the accident.

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Filing a DUI/DWI Accident Claim

Decorative image illustrating a DUI/DWI accident

Accidents involving drivers who are under the influence of drugs or alcohol are among the most preventable accidents that occur. Now that you and your family are struggling to overcome the significant financial burden that has resulted from another person’s negligent and reckless behavior, you may want to consider taking legal action to recover compensation that can help you offset that burden.

DUI/DWI Accident Claims

The Biker Lawyers team understands just how impossible overcoming a financial burden associated with these types of accidents can seem to families; we will work with you to develop a comprehensive legal strategy intended to help you recover compensation for all of your pain and suffering, including, but not limited to, the following:

  • The cost of medical and rehabilitative care
  • The loss of income during the process of recovery
  • The cost of repairs or replacement of your bike

There is no reason that you should have been in jeopardy, to begin with, and our legal team will work with you to hold the responsible party accountable for his or her actions.

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Filing a Claim against a Negligent Trucking Company

Image illustrating a collision between a motorcycle and a semi

Trucking companies that fail to comply with state and federal laws that regulate the commercial trucking industry may be held liable for accidents caused by negligence. Now that you or a loved one was injured in a motorcycle accident involving a commercial truck, you should begin exploring what legal action you may be able to pursue against the trucking company responsible for the accident.

Claiming Compensation for Your Pain and Suffering

The financial burdens of such a serious motorcycle accident can be overwhelming, and it is with that in mind that our legal team can help you fight for compensation to offset the costs associated with the incident. That being said, you may be able to recover compensation for costs associated with the following:

  • The cost of your medical and rehabilitative care
  • The amount of income you lose during your recovery
  • The cost to repair or replace your bike
  • Any diminishment to the quality of your life

Though you are sure to have a lot to deal with in the aftermath of a dangerous motorcycle accident, it would be wise to file a claim as soon as possible.

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Filing a Brake Malfunction Claim

Image illustrating a defective brake

The prolonged medical and rehabilitative care that many motorcycle accident victims need to recover from their injuries can become unaffordable early in the recovery process. When accidents occur due to something as preventable as a malfunctioning brake system, victims can and should take legal action to hold responsible parties accountable for the accident.

Claiming Compensation for the Accident

Our legal team understands just how much may depend on the outcome of this claim, and we can help determine who to hold liable for the accident. We are prepared to develop a claim to help you go after the compensation you need to offset your financial burdens. While every claim will have its own unique set of circumstances to consider, just about every motorcycle accident will seek to claim compensation for the following:

  • Medical and rehabilitative care
  • Pain and suffering associated with the accident
  • Income that is lost during the recovery
  • Property damages

Though the prospect of taking on a large company in court may seem somewhat overwhelming, our legal team has the experience and resources that you will need. We can help you pursue compensation for all of your pain and suffering, regardless of the responsible party.

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Claims Against Your Insurance Company

decorative image about suing your insurance company

As an insured motorcyclist, you expect that, should you ever be involved in a motorcycle accident, your insurance company will be there in your time of need and will honor all the terms of your policy. Sadly, many motorcyclists find their insurance companies to be reluctant to honor the terms of their policy, leaving their policyholders to face the financial consequences of an accident on their own. Under such circumstances, it may be necessary to hire an experienced insurance claims lawyer to help you see that your insurance company honors the financial commitment they have to you, per the terms of your policy.

Helping You File a Claim Against Your Insurance Company

Every insurance claim is going to present its own unique challenges by virtue of the specific circumstances of the accident itself. Regardless of the specifics of an accident, however, our clients most frequently face issues involving the following insurance claims:

  • Uninsured/Underinsured Motorist Claims
  • Medical/Injury Claims
  • Property Damage Claims

We understand the challenges motorcyclists face and do everything we can to help hold our clients’ insurance companies to the terms of their policies. If you feel wronged by your insurance company, we may also be able to work on your behalf.

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Filing Claims Against Another Driver’s Insurance Company

Image about filing a claim against another driver's insurance company

The physical and emotional trauma of a motorcycle accident can be devastating. The last thing that an accident victim needs is to have to do is deal with reluctant insurance companies. In many instances, it can be hard enough to get your own insurance company to honor the terms of your policy, not to mention another party’s insurance company.

What Damages May Be Recovered from Another Party’s Insurance Company

When another driver causes your accident, that person’s insurance company is required to compensate the accident victim on behalf of their policyholder. Unfortunately, these companies will sometimes do everything they can to avoid liability and their obligation to compensate for the following:

  • Medical care

  • Property damage

  • Loss of wages

  • Reduced capacity to earn

Often, insurance companies will attempt to exploit accident victims’ unfamiliarity with the procedures and laws governing insurance liability. An experienced insurance claims lawyer, however, can play a critical part in preventing this; we will do everything we can to see that insurance companies honor their financial obligations on behalf of their policyholders.

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Claiming Compensation from Another’s Insurance for Medical Care

Image about medical care

Even after responsibility has been accepted by the driver that hit you, there is a chance that their insurer will attempt to shortchange you when it comes time to compensate you for the cost of all the medical care you have required as a result of the accident. Though the insurance company may try to convince you that they are not liable for some portion of your medical care, there is no reason to accept anything until you have spoken with an experienced attorney who can evaluate their stance on your claim.

Recovering Compensation for Medical Care with a Claim

The injuries often sustained in motorcycle accidents are more likely to be severe and necessitate long-term medical care. Bearing that in mind, the total cost of your medical care may simply be more than the responsible party’s insurer wants to pay. If you are having trouble obtaining fair compensation for your medical care, our team may be able to help you develop a legal strategy to help you recover compensation for the following:

  • Any long-term medical care you will require
  • Any long-term rehabilitation you need
  • Any at-home assistance your may now need

Whatever the particular costs the responsible party’s insurer has declined to compensate you for, our legal team can develop a legal strategy to help you hold them accountable for the actual cost of your medical care.

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Recovering Compensation with a Roadway Defect Claim

Image illustrating defective roadways

Any inconsistency in the surface of the road may potentially cause a motorcyclist to lose control of his or her bike and, subsequently, sustain serious injury in the resulting accident. Bearing that in mind, municipalities and other organizations are generally expected to be proactive with their road maintenance throughout the year, particularly during the harsher months.

What are Roadway Defects?

As seasons change in our state, road conditions seem to be in a state of constant flux. To mitigate the potential dangers of these conditions, municipalities and a number of other agencies are expected to provide year-round maintenance to help eliminate the following defects:

  • Uneven Pavement
  • Shoulder Drop-Off
  • Lack of Warning Signs
  • Potholes
  • Water Pooling
  • Lack of  (or broken) Guardrails
  • Obstructed Roadway/Objects on Roadway

Our legal team understands that dealing with the legal process that comes after you are involved in a motorcycle accident that was caused by a roadway defect is never easy. You and your family will likely be faced with seemingly insurmountable issues in this process, but our legal team wants you to know that we are dedicated to helping seek compensation on your behalf so that you can put all of this behind you.

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Pursuing Uninsured/Underinsured Motorist Claims

Image about UM and UIM claims

Though you went out of your way to purchase insurance coverage to protect yourself in the event of an accident with an uninsured or underinsured driver, many insurance companies like your own do everything they can to mitigate their losses. With that in mind, you may want to consider working with an experienced attorney as you work to gain access to the full extent of financial relief promised to you under the exact terms of your policy.

Uninsured/Underinsured Motorist Claim Recovery

The tendency of many insurance providers to reinterpret the terms of a policy after they learn that one of their policy holders has motorists retaining legal representation to pursue compensation for their claim. You may want to explore your legal options should you find yourself in any of the following circumstances:

  • Pressure to accept a quick, but lower-value, claim
  • Challenge the circumstances of your accident
  • Deny your claim altogether

Whatever the particulars of your claim happen to be, our legal team may be able to help you pursue compensation for your claim.

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Pursuing Obstructed Roadway Claims

Image illustrating an accident due to an obstructed roadway

Though obstructions in the road pose a risk for all drivers, motorcyclists are at particular risk of sustaining serious injuries should they suddenly encounter one. In any case, local municipalities are almost always charged with maintaining road safety for drivers and bikers. When the responsible agencies fail to take the necessary precautions to protect people on roadways, our legal team may help you pursue legal action to recover compensation for your resulting pain and suffering.

Obstructed Roadway Claims

Since there is no safety apparatus to protect them when they encounter objects in the roadway, bikers often sustain serious injuries in accidents of this nature. With that in mind, our legal team will work with you to develop a comprehensive legal strategy intended to recover compensation for any present and future damages you sustained in the accident, including the following:

  • Any costs associated with your medical care
  • Any costs associated with your rehabilitative care
  • Any loss of income or diminished capacity to earn

The suffering that you and your family have already been made to endure has been more than enough; our legal team may be able to help you pursue compensation for your accident.

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Lack of Warning Sign Claims

Decorative image about warning signs

Though we often take them for granted, the various signs that stand beside our roadways are critical to ensuring that we know what is up ahead. Without them, motorcyclists are at serious risk of encountering unanticipated road hazards and even subsequent accidents. Since any accident can be devastating for motorcyclists, victims and their families are often left without the means to cover the costs incurred in the accident.

Recovering Claims for a Lack of Warning Signs

Though the physical and emotional traumas associated with your accident will require your immediate attention, you will need to eventually address the financial damages that are associated with your recovery process. With that in mind, then, our legal team will do everything they possibly can to help you recover all the damages you sustained in your accident, including the following:

  • The cost of any medical care you receive now and in the future
  • Compensation for any emotional suffering you underwent
  • Any loss of income or diminished capacity to earn

Our legal team is committed to helping motorcyclists recover compensation for the damages they sustained as a result of negligence.

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Shoulder Drop-Off Claims

Image illustrating an accident due to shoulder drop-off

Although road shoulders offer motorists a designated space to pull off of the road in case of emergency, shoulders can be particularly dangerous to motorcyclists.

Depending upon how well-maintained a road's shoulders are, any variation in the drop-off or sudden drop-off may cause a motorcyclist to lose control of his or her bike. Though these defects may be overcome with heavier vehicles, a motorcycle’s distribution of balance and weight makes these defects potentially dangerous for motorcyclists.

Recovering Damages with Shoulder Drop-Off Claims

If you have been injured in a road defect accident, it may be wise to speak with a road defect attorney with The Biker Lawyers to determine what legal action may be available to you.

While every case will likely present its own set of challenges, accident victims routinely seek compensation to address the following damages:

  • Any medical or rehabilitative care resulting from the accident
  • Any loss of income or diminished capacity to earn
  • Any property damages associated with the accident

Whatever the exact circumstances of your accident happen to be, however, our legal team is prepared to help you develop a legal strategy intended to help you recover all of the damages you sustained in your accident.

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Accidents Resulting from a Lack of Guardrails

Decorative image about lack of guardrails

As you begin to recover from your accident, you and your family will need to begin determining exactly who may be held responsible for the circumstances of your accident. Guardrails provide motorists with a critical barrier between the edge of the road and the shoulder. So, when guardrails are not properly maintained or when they are altogether absent, motorists are at an elevated risk of serious injury in the event of an accident.

Recovering Damages with Roadway Defect Claims

Since accidents that involve a lack of guardrails can be exceedingly severe, accident victims and their families are more likely to struggle with the financial burdens associated with the accident, including the following:

  • The full cost of any associated medical and rehabilitative care
  • Any property damage that was sustained in the accident
  • Compensation for any associated emotional trauma

Whatever the exact circumstances of your case happen to be, The Biker Lawyers may be able to help you recover compensation for the resulting pain and suffering you were made to experience. Understanding exactly how much you may be entitled to in a personal injury claim can be a complex process. Our personal injury lawyers can help simplify the process and help you on your road to recovery.

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Pursuing Compensation With a Property Damage Claim

Image illustrating property damage

You have every reason to expect that your insurance would step in after your accident and cover your property damage claim under the exact terms of your policy. Now that your insurance provider has failed to honor their financial commitment to you, it may be necessary to take legal action against your provider in order to secure the compensation that they are legally obligated to provide you with.

If your insurance provider refuses to honor the terms of their own policy, you should speak with a property damage claim attorney with The Biker Lawyers to begin assessing what kind of legal action may be available to you.

Enforcing the Terms of Your Policy

Insurance companies are often more interested in protecting their bottom line than they are in their obligations to their policyholders. With that in mind, you may need to take legal action if your insurance provider attempts to engage in any of the following behaviors:

  • Pressure you into accepting partial compensation
  • Deny any aspect of your claim in an effort to deny your claim
  • Insist that you do not have proper insurance coverage

Whatever the particular issue your insurer has taken with your claim, our legal team can help you develop a legal strategy intended to help you recover the compensation you were promised under the terms of your policy.

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Safety Gear Defects

Image illustrating a defective motorcycle helment

When riding a motorcycle, it is important to exercise appropriate caution because of the greater risks of injury that these vehicles carry. This caution includes following posted warning signs, driving safely, and wearing appropriate safety gear. In the event of an accident, safety gear can mean the difference between a permanent, life-altering injury and emerging relatively unscathed.

Most motorcyclists rely heavily on their safety gear to protect them. Unfortunately, the trust that cyclists place in their gear can be misplaced, as it is all too common for poorly designed or manufactured safety gear to break down or fail in the event of an actual accident. When this occurs, the consequences it can have for riders can be devastating.

Common Types of Safety Gear Defects

There are a number of different ways in which safety gear defects can place motorcyclists’ health and even lives at risk. The following are among the most common of these defects:

  • Helmet defects
  • Visor defects
  • Boot defects

These and other safety gear defects can result in serious physical damage, costly medical bills, lost income, and many other consequences that motorcycle riders should not have to face on their own.

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Financial Restitution for a Motorcycle Malfunction

Illustration for motorcycle malfunction

A motorcyclist can do everything right—operate their motorcycle safely and responsibly, regularly maintain their motorcycle, and be mindful of the drivers around them—but if their motorcycle malfunctions in any way, their life may be put at serious risk. Accidents that result from motorcycle malfunctions can be particularly dangerous, as there are little to no preventative measures the driver can take to avoid an unexpected defect. As such, when a motorcycle malfunction results in an accident, manufacturers may be held financially liable for any associated damages.

The Financial Impact of a Motorcycle Malfunction

Once the immediate physical and emotional consequences of an accident have been addressed, individuals will likely need to consider the financial impact of a motorcycle malfunction. As such, experienced legal representation may be required to hold any negligent manufacturer financially responsible for the following damages:

  • Medical care
  • Property damage
  • Rehabilitative care
  • Prescription medication
  • Loss of income

The financial damages of a motorcycle accident can be severe, but with the help of an experienced motorcycle accident lawyer, you may be able to hold a negligent manufacturer or designer financially liable for any associated damages.

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Contact The Biker Lawyers

The Biker Lawyers are committed to protecting the rights of motorcyclists. As fellow motorcyclists, the attorneys with The Biker Lawyers will aggressively pursue financial restitution from any negligent manufacturer on behalf of clients who incurred injuries and damages from a motorcycle malfunction accident. To discuss the particulars of your accident with a member of our legal team today, please call (877) 209-9452.

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