What to Do After a Motorcycle Accident

What to Do After a Motorcycle Accident

by | Jul 10, 2023 | The Biker's Blog

Protecting Your Rights and Your Wallet: The Ultimate Guide After a Motorcycle Accident

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The following is based on a true story. Don’t make it yours.

It was a crisp, clear morning as I zipped up my leather jacket and secured my helmet. I straddled my beloved motorcycle, my pride and joy, and felt a rush of adrenaline course through my veins. Today was perfect for the open road—a day to leave behind the stress of my daily life and seek solace in the wind.

My destination was the annual biker rally, an event I looked forward to every year. As I rode, the familiar hum of my engine lulled me into a meditative state. For a few hours, it was just me, the wind, and the open road.

Image of three motorcycles parked in a beautiful setting with mountains in the background

Photo Credit – Viking Bags

Little did I know that today, my life would change forever.

As I approached an intersection, I saw the light turn green, and I eased on the throttle. Out of nowhere, a truck hurtled through the red light, directly into my path. Time seemed to stand still as I braced for impact, my life flashing before my eyes. The next thing I knew, I was lying on the ground, my motorcycle in ruins, and my body in immense pain.

In the months that followed, my life became a whirlwind of doctor’s appointments, physical therapy, and overwhelming medical bills. My once-strong body was now a shell of its former self, and I struggled to maintain my spirit.

Through sheer willpower, I found the strength to seek help.

We’ll come back to this rider’s story a bit later.

Ginger of The Biker Lawyers on his motorcycle in front of nature.

As you embark on the journey to find compensation and justice for yourself or a loved one after a motorcycle accident, let our comprehensive guide be your road map. We’ll walk you through the steps to protect your rights, deal with insurance companies, gather evidence, and work with a personal injury attorney.

Don’t miss out on the compensation you deserve. Read on and take control of your fight for justice.

The Importance of Knowing Your Rights After an Accident

Motorcycle accidents are traumatic events that can leave victims feeling overwhelmed and confused. It’s essential to understand your rights and how to protect your assets, especially when dealing with insurance companies. 

General rights that motorcyclists have after a crash include:

  • Right to medical treatment: You have the right to receive prompt and appropriate medical care for your injuries.
  • Right to file a claim: You have the right to file an insurance claim with your insurer or the at-fault party’s insurance company.
  • Right to compensation: You are entitled to compensation for damages, including medical expenses, lost wages, property damage, and pain and suffering.
  • Right to legal representation: You have the right to seek legal counsel to help navigate the complex legal process and advocate for your best interests.
  • Right to refuse a quick settlement: You have the right to refuse a lowball settlement offer and pursue fair compensation through negotiation or litigation.

By understanding and exercising your rights, you can better protect your interests and ensure that you receive the compensation you deserve after a motorcycle accident.

Insurance Companies: Necessary Evil in Personal Injury Cases

Meme of a demon in a suit standing next to a motorcycle with the text "Insurance, A necessary Evil"

Insurance companies work to make a profit for their stockholders. They have no genuine concern for people who get injured in crashes other than to settle as cheaply as possible. 

To maintain profit margins, they often look for ways to minimize the payouts on claims. While they may be a necessary part of the process, it’s crucial to be aware of their tactics and take steps to protect yourself.

This starts long before an accident by making sure you have enough of the right coverage (including UM/UIM insurance) to protect your assets.

5 Things to Do at the Accident Site (If Able)

Three images of crashes with the text "Crash Aftermath"

  1. Stay at the accident site and report injuries: Remaining at the scene of the accident is essential to avoid legal complications. By staying, you can provide accurate information to authorities and ensure that your account of the incident is on record.
  2. Call emergency services, police, and medical professionals to create a medical record from the accident: Promptly calling for help establishes a crucial timeline of events. A medical record created at the scene provides valuable evidence to support your case and helps validate your injuries.
  3. Take photos of the scene, the damage to your motorcycle, and gather insurance information from other parties and witnesses: Photographic evidence is indispensable when building a strong case. It allows you to document the severity of the accident and the extent of the damage. Additionally, collecting contact and insurance information from other parties involved and any eyewitnesses will help your attorney during the investigation and claim process.

Image of a crashed red motorcycle

As the saying goes, “If it’s not documented, it didn’t happen.” Keeping this in mind can help you navigate the complex process of motorcycle injury claims and secure the compensation you deserve.

  1. Contact a motorcycle injury lawyer to help protect your rights and maximize compensation: An experienced personal injury lawyer understands the nuances of motorcycle accident cases and can help you navigate the complexities of the legal system. They will ensure that your rights are protected, and help you pursue the maximum compensation available.
  2. Report the accident as soon as possible: Reporting the accident to your insurance company and relevant authorities promptly is vital. It helps establish a clear timeline and ensures that you comply with any legal requirements.

Don’ts in a Motorcycle Accident

Meme image of a laughing demon wearing a suit with text "Insurance companies be like: sure you've got enough coverage, trust me!"

There are a few things a rider can do to really screw up their case early on. Here are the top things to avoid after an accident.

  1. Never admit fault, even if you think you might be partially responsible: Admitting fault at the accident scene can be used against you in your case. Leave the determination of fault to the professionals, as there may be factors you’re not aware of that contributed to the accident.
  2. Don’t ignore injuries, even if they seem minor: Seek medical attention and follow your doctor’s advice. Some injuries may not be immediately apparent, and ignoring them could lead to complications later on. Documenting all injuries and following through with medical care also strengthens your case.
  3. Avoid giving incomplete information regarding your lost income and employment history: When seeking compensation for lost wages, it’s essential to provide accurate and complete information about your income and employment history. Inaccurate or incomplete information may result in reduced compensation or damage to your credibility. Your attorney can help you gather and present this information in the best possible way.

Documenting Lost Income and Employment Records

Image of a gavel, justice scales and a statue

Accurate documentation of lost income and employment records is essential in personal injury cases. Be sure to have

Tax returns from the past and present: Tax returns serve as an official record of your income history. They can help establish your earnings before the accident and provide a basis for calculating lost wages. Gather both your past and present tax returns to present a comprehensive view of your financial situation.

Pay stubs and other income documentation: Pay stubs and other income documents, such as direct deposit records or commission statements, offer further insight into your regular earnings. These documents can help verify your income, and when combined with tax returns, they paint a more detailed picture of your financial losses resulting from the accident. Collect pay stubs and any other relevant income documentation from the period before the accident up to the present.

Employment records, including hours you’ve worked, work missed, and pay: Detailed employment records help demonstrate the impact of the accident on your work life. Keep track of the hours you’ve worked before and after the accident, any time missed due to medical appointments or recovery, and any changes in your pay rate. These records can be instrumental in determining the total amount of lost income, as well as demonstrating the non-economic impact of the accident on your life, such as missed opportunities for promotions or career advancement. 

Working with Your Employer and Personal Injury Attorney

Image of The Biker Lawyers on courthouse steps with their logo

Collaborate with your employer and attorney to gather the necessary documentation and build a strong case. Remember, a well-documented case can make all the difference in securing the compensation you deserve.

Conclusion 

So, you’re probably wondering what ever happened to the rider in the story from earlier.

Through sheer willpower, He found the strength to seek help. This led him to call The Biker Lawyers, a personal injury law firm. He called us because we understand the complexities of motorcycle accidents and the immense challenges faced by victims. Together, we built a case that would not only cover his medical expenses but also compensate for his pain, suffering, and loss of enjoyment of life.

It was a long, hard road, but with the support of our personal injury team, the rider eventually found justice. His story is a testament to the importance of knowing your rights and seeking help when you need it most.

Accidents can be overwhelming, but by following these steps and working with a personal injury attorney, you can protect your rights and secure the compensation you deserve. Don’t let insurance companies take advantage of you. 

Contact one of our personal injury lawyers today to help you navigate the complex world of motorcycle injury claims.

How do Wrongful Death Lawsuits Work?

How do Wrongful Death Lawsuits Work?

by | Aug 18, 2022 | The Biker's Blog

PERSONAL INJURY FREQUENTLY ASKED QUESTIONS (FAQ)

How do Wrongful Death Lawsuits Work?

Posted on August 18, 2022 at 12:16 PM by The Biker Lawyers

 

What is wrongful death?

If a person dies as the result of another person’s negligence, recklessness, or intentional act, then that family member can file a wrongful death lawsuit. Examples may include a car accident, truck accident, motorcycle crash, or the defendant’s involvement in criminal activity.

Wrongful Death FAQ- Quick Navigation

Click below to jump to a section or continue reading to learn more

Wrongful death is a type of personal injury claim in which a judge or jury determines that the deceased victim’s estate should be compensated for financial losses caused by their untimely death.

Additionally, the court may order reparations for emotional damages sustained by those left behind. The best way to understand how wrongful death lawsuits work is to learn about each stage of this complex process:

Who can file a wrongful death lawsuit?

If a person’s death is caused by the negligence or misconduct of another, then the surviving family members have a right to sue for wrongful death.

If a person’s death is caused by the negligence or misconduct of another, then the family members have a right to sue for wrongful death. Wrongful death lawsuits can be brought by:

  • spouses;
  • parents;
  • children; or
  • siblings.

What are the key elements in a wrongful death case?

 

The main element of a wrongful death case is that the defendant acted negligently, recklessly or intentionally, thereby causing someone’s death.

In a wrongful death lawsuit, the main element is that the defendant acted negligently, recklessly or intentionally, thereby causing someone’s death. This means that you must prove beyond a reasonable doubt that the person died because of the defendant’s actions or inactions.

Wrongful death lawsuits can be filed by parents and spouses on behalf of children who are under 18 years old at the time of death; children over 18 but still considered dependents by their parents; and other family members if they were dependent on the deceased for support.

Who can sue for wrongful death?

Parents, spouses, and children are allowed to sue for wrongful death. In some cases, other family members may be allowed to file a wrongful death lawsuit.

If you are the child of a deceased person, you are allowed to file a wrongful death lawsuit. This is true even if your parent was not your natural parent. For example, if you were adopted and lost an adoptive parent, you may have grounds for a wrongful death lawsuit against the person who caused their death.

In some cases, other family members or close friends may be able to file a wrongful death lawsuit on behalf of the deceased individual’s estate as well. For example, if two people were married but living separately at the time they died in an accident together while sailing on vacation in a rented boat, each spouse could sue for damages related to their relationship with each other (such as loss of companionship).

How hard is it to prove wrongful death?

It can be challenging to prove that the act or omission of another party caused a person’s death. Attorneys must know how to investigate and gather evidence to build strong cases.

In order for a wrongful death lawsuit to be successful, an attorney must prove that the defendant’s act or omission caused the death. The attorney must also prove that this act or omission was the proximate cause of the victim’s death. Finally, they must show that it was the legal cause of their client’s loved one’s demise—meaning that it would have been possible to avoid such an outcome by taking reasonable measures to prevent harm.

There are many ways parties can be held liable for a fatal accident:

  • Negligence: This is when someone failed to exercise due care in performing their duties and thereby caused harm to another person or property;
  • Reckless behavior: This involves doing something you know has a high risk of causing injury;
  • Intentional conduct (or assault): If someone intended to cause harm but did not do so recklessly, they could still face criminal charges; and/or
  • Strict liability (product liability): If a product causes harm even though there was no human error involved in its production, then manufacturers may be held responsible for any resulting injuries or deaths

What happens if you win a wrongful death case?

If a claim is successful, the defendant will be responsible for paying damages awarded by a judge or jury.

It is important that families work with an attorney who is familiar with calculating damages in wrongful death cases.
Image breaking down what is considered Damages in a Wrongful Death Lawsuit

If a wrongful death claim is successful, the defendant will be responsible for paying damages awarded by a judge or jury. Damages are intended to cover the family’s loss of financial support and future earning potential, as well as pain and suffering. The following are some common types of damages that may be awarded:

  • Loss of companionship
  • Funeral expenses
  • Medical bills related to the death
  • Loss of support
  • Loss of accumulations to the estate

 

Is there a statute of limitations on wrongful death?

States typically impose statutes of limitations on wrongful death claims. These limit the amount of time during which loved ones can file claims. Families who fail to file lawsuits within the allotted time are barred from filing them later.

In most cases, the statute of limitations for wrongful death claims is two years from the date of the loss. However, this time limit varies from state to state, and it can also depend on the type of claim and other factors. For example:

  • In Iowa, a person has three years after the injury or death that caused their loved one’s wrongful death to file a lawsuit.
  • While some states allow parents to sue medical malpractice insurance companies after their child dies from medical error (and not just malpractice), others do not give them this option unless their child has already been awarded damages by a court due to malpractice.
  • The age of your loved one at the time of his or her death may affect how long you have until you run out of options in filing a wrongful death lawsuit as well.
    • For example, if your daughter dies at age 20 but didn’t marry yet before she passed away—or even if she did get married but never had children yet—that could change how long these deadlines apply because certain legal actions like marriage are governed by different rules than other types of personal relationships such as being related by blood or adoption laws between siblings

Why do we need a wrongful death attorney?

To improve your chances of winning compensation for your family member’s wrongful death, you should hire an experienced wrongful death attorney to act as your family’s personal representative.

Hiring a wrongful death lawyer is the first thing you should do if you want to bring your case to court. It’s important to work with someone who has experience handling these kinds of cases, because they know all the ins and outs of what happens in courtrooms and can help prepare your case properly. If you don’t hire an attorney, there’s no guarantee that your loved one will get justice or compensation for their loss.

If you’re seeking compensation for lost wages or medical bills from the person who caused your loved one’s death, then you’ll have to prove that he or she was legally responsible for causing it. This means proving that:

  • the decedent died due to this person’s negligence;
  • this person owed them a duty (like a doctor owes his patient);
  • he breached that duty by acting improperly;
  • and this caused them harm (such as by leaving them at risk of infection).

Conclusion

Wrongful death can be a very emotional issue. It is important that you work with an attorney who not only has experience handling these cases but also understands how to communicate effectively with a grieving family.

Lost a loved one? Ride with us.

The Biker Lawyers’ wrongful death attorneys want to hear your story. We’re ready to answer any questions you may have.

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When do I need a personal injury lawyer after a crash?

When do I need a personal injury lawyer after a crash?

by | Jun 16, 2022 | The Biker's Blog

PERSONAL INJURY FREQUENTLY ASKED QUESTIONS (FAQ)

When do I need a personal injury lawyer after a crash?

Posted on June 16, 2022 at 8:00 AM by The Biker Lawyers

It seems more car accidents happen this time of year than any other. There are few events in life as jarring and filled with potential consequences as getting into a crash. If you’re lucky, all you have to deal with is some injuries and a damaged car or motorcycle. However, if the crash leaves you or someone else seriously injured, life can become very complicated.

This guide is by no means comprehensive. For ease of navigation, if you have a specific question, click below to jump ahead. Otherwise, read on.

What to do First  When to speak to a lawyer
Accidents involving a Car and Motorcycle   Questions about Insurance
Questions about Wrongful Death  Should I Hire a Lawyer?

This complexity doesn’t just stem from the physical pain of your injuries, but also from the potential legal ramifications of the accident.

For instance, if your vehicle was damaged or totaled by another driver who was behaving negligently (i.e., speeding, distracted driving), then that negligent driver could be held legally accountable for any damages they caused—and this is where it gets even more complicated.

In many cases like this one, an injury attorney will be required to help you recover compensation for damages caused by someone else’s negligence. Read on to learn what happens after a serious accident, when do I need an injury attorney after a crash?

 

The first thing to do after a crash is to make sure you (and your passengers) are alright.

“After a car crash, the first thing you should do is make sure no one is seriously injured. You may need to call emergency services. Regardless, you’ll probably need to call the police and/or ask 911 to send an ambulance. If you are injured and not sure if it’s serious, call a friend or family member who can come over and stay with you and help you stay calm until help arrives.” – Pete Leehey, Personal Injury Attorney, The Biker Lawyers

The second thing you need to do is call your insurance company. Your insurance agent will help you figure out what to do next.

Do not admit fault to anyone. Often, even in a motorcycle or car accident that seems pretty straightforward, things aren’t what they seem.

If possible, document everything that happened by taking photos or videos from different angles of both vehicles involved in the crash (front and back). This will help prove how much damage was done by other drivers at fault for causing injuries instead of just trying to minimize them as much as possible. It may also help prove where in the roadway the collision happened. Think of it as collecting evidence that could be very helpful later.

Accidents involving a car and motorcycle are especially devastating

Motorcycle accidents are especially devastating to riders and their families, with the fatality rate being higher than for cars. This is due to a number of factors, including:

  • Motorcycles are less visible than automobiles. Drivers often don’t see motorcycles until the last moment, if at all.
  • Motorcycles lack many features that protect passengers in a car crash, such as airbags and seatbelts.

Injuries sustained during motorcycle crashes can be more severe than those sustained in an automobile accident because there isn’t as much protection between you and the road surface when your bike falls over or crashes into stationary objects like guardrails or parked cars.

A Motorcycle Crash resulting in Wrongful Death

There are many reasons why a motorcycle crash could result in wrongful death.

If the rider is hit by another vehicle, it can cause severe injuries that may kill the rider.

In fact, because of their small size and lack of protection, motorcycle riders are more likely to suffer traumatic brain injury (TBI) or even die after suffering a serious car accident than those in cars or trucks.

If someone’s negligence causes an accident that results in your loved one’s death (like if a distracted driver runs into them), you can work with a personal injury attorney and pursue legal action against that party for damages such as loss of support and services, loss of accumulations to the estate, and medical expenses or funeral costs associated with your loss.

The driving decisions of the motorcyclist before the crash will also be put under a microscope. Things like speed, braking, location on the roadway, and evasive action attempted will all be considered. There is 100% fault to be divided up between the drivers involved in a crash, so everything that happened in the moments leading up to the crash is important.

Each case is unique, so it is important to speak with a qualified wrongful death attorney early.

When do I speak to a lawyer about a personal injury?

  • When you have been injured in a car accident or motorcycle accident.
  • When you have been injured by someone else’s negligence.

In short, if another party is responsible for your injuries (whether it was intentional or not), then it’s important to contact an attorney as soon as possible. If you aren’t sure who is responsible, contact an attorney for a free case evaluation.

Will insurance cover all my medical bills after an accident?

You may think that the insurance company will pay for all of your medical and accident-related bills and other losses —but that often isn’t true. Commonly, an injured party fails to consider long-term factors such as pain and suffering, disability, or physical therapy. They tend to assume that the health insurance companies will cover these types of expenses in the future.

In fact, some insurance companies will still try to deny coverage or dispute damages even after they’ve admitted fault! That’s why it’s essential to contact an attorney immediately so that they can begin working on your case immediately and fight any efforts by the other party or their insurance company from trying to avoid responsibility for their actions.
Image to promote a free guide to navigating personal injury claims by The Biker Lawyers

Should I hire a lawyer?

If you have been injured in a car accident, motorcycle accident or slip and fall, you may need to hire an attorney.

Personal injury cases and filing personal injury claims can be complex. If you have been injured in a car accident, motorcycle accident or slip and fall, you may need an injury attorney. You should speak to a lawyer as soon as possible after an accident.

In most cases, people who are involved in accidents that occur on roads or sidewalks will contact the insurance company to file claims. However, if the at-fault party has no insurance or if your injuries were severe enough to warrant more money than the insurance coverage of the other driver, we recommend speaking with an injury attorney as soon after the accident happens as is reasonably possible.

If someone else’s negligence caused your injuries, then they should be held responsible for paying for those damages and losses associated with your injuries.

If you have been injured because of another person’s careless actions (i.e., failure to yield, driving under the influence, failure to maintain control of a vehicle, etc.) it may be possible for you to receive compensation from that person even though he does not have any money!

This is where hiring an experienced personal injury lawyer becomes critical for any victim looking for justice after suffering serious personal injuries resulting from someone else’s negligence behind the wheel!

Conclusion

If you’ve been injured in an accident, don’t just accept the insurance company’s offer. It may not be enough money to cover all your medical expenses, lost wages, disability, pain and suffering, and how it will affect your life in the future. A good personal injury lawyer can help you maximize the compensation you receive for your injuries and avoid long-term financial problems.

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