motorcycle crashes faqs

What are some of the dangers associated with driving a motorcycle on our roadways?
What are some of the causes of motorbike wrecks on our highways and roads?
What should I do if I am involved in a motorcycle crash?
 
Is the investigation of the bike accident important?
What if I was partially at fault for my motorcycle wreck?
What issues will I face in making a claim for my injuries sustained in a motorbike crash?
An insurance company is offering me a nice settlement. Should I take it?
If I was injured in a motorcycle collision do I need to hire a lawyer or can I handle the claim myself?
What kind of a lawyer should I hire?
Is there a time limit in which I need to file a lawsuit in this type of case?

 

What are some of the dangers associated with driving a motorcycle on our roadways?

There are several dangers that are associated with driving a motorcycle. They are: 

  • Motorcycles are less visible on the roadways than a car or truck, and more easily found in another driver’s blind spot.
  • Motorbikes are less stable than four wheel vehicles.
  • Motorcyclists are more susceptible to changes in weather.
  • Motorcyclists have less protection than an enclosed vehicle, and as a result, most motorcycle injuries involve the extremities and the spinal cord. The majority of fatalities are a result of head injuries.
  • If a collision occurs between a motorcycle and a car or truck, the rider is 34 times more likely than passenger car occupants to die in a crash, according to 2005 statistics.
  • If a traffic accident occurs between a bike and a car or truck, the rider is 8 times more likely to be injured than automobile occupants, according to 2005 statistics.

Back to Top

What are some of the causes of motorbike wrecks on our highways and roads?

There are many different reasons for accidents involving motorcycles, including:

  • Negligence, carelessness, inattention or failure to yield the right of way by another driver.
  • The failure of drivers to detect and recognize motorcycles in traffic.
  • Unsafe or improperly maintained roads.
  • Defective design or defect in manufacturing of the motorcycle.
  • Driving while intoxicated (DUI).
  • Driving at an excessive speed.

Back to Top

What should I do if I am involved in a motorcycle crash? 

If you have been involved in a motorbike collision, you should:

  • Stop. If you get in a crash, you must stop. If you leave, you will be committing a crime knows as a "hit and run".
  • Call for help. If someone is injured, call 911. If not, your first call should be to the police. The police will advise as to whether the crashed vehicles should be moved out of traffic, and will take statements from the drivers and passengers involved.
  • Call your insurer. As soon as you are able, call and file a motorcycle accident report. You should also notify the other driver's insurer of the bike accident. 
  • Don't sign anything. If an insurance adjuster shows up at the scene, do not give any statements and do not sign anything.
  • Gather information. Get the names, addresses and phone numbers of everyone at the scene, especially witnesses.
  • Go see your doctor. You may have injuries of which you're unaware. If you are examined by a doctor, make sure you are specific in explaining how the motorcycle accident happened and any and all injuries and problems you sustained as a result.
  • Call a motorcycle accident attorney. If you've been injured, you may want a motorcycle crash lawyer to make sure you receive a fair settlement from the insurance company.

Back to Top

Is the investigation of the bike accident important?

Yes, it is critical. A thorough investigation must be performed to establish the fault of another. An investigation will include the examination of the crash scene and vehicles involved, and obtaining of statements from witnesses. Be sure that you do not move your motorcycle after the accident. It will be a major part of the investigation.

Back to Top

What if I was partially at fault for my motorcycle wreck?

A person can still sue if they have been in a bike crash, even if partially at fault, as long as they can prove that another driver or factor contributed to the accident. However, your recovery may be reduced if you are partially at fault.

Back to Top

What issues will I face in making a claim for my injuries sustained in a motorbike crash?

The three categories of issues that typically arise in a tort claim after a vehicular accident are:

  • Liability – who is at fault and to what degree.
  • Damages – injuries or losses that were caused by the motorcycle accident.
  • Insurance Coverage – what the insurance company will pay for after a bike collision.
  • A claim for injuries usually is based upon carelessness or negligence.  In worst case scenarios, it involves an intentional or reckless act.

Back to Top

An insurance company is offering me a nice settlement. Should I take it?

You should not take any settlements offered by an insurance company without first speaking with an experienced motorcycle crash lawyer.

The other driver’s insurance company will typically offer minimal amounts of money in return for your signature stating that you will not sue. This usually happens rather quickly after the accident takes place. Insurance companies will often discourage you from obtaining a motorcycle wreck attorney so they can pay less to resolve your claim.

You should never take an insurance check or sign anything without first consulting a motorbike accident attorney. You can jeopardize potential compensation and waive important rights that help to protect your interests.

Back to Top

If I was injured in a motorcycle collision do I need to hire a lawyer or can I handle the claim myself?

The law does not restrict you from handling your own claims.  However, you should keep in mind that the insurance companies and the insurance companies’ attorneys are trained professionals.  It is their job is to resolve their potential "liability" by paying as little as possible to you. Insurance companies are just that - companies.  They, like most businesses, are in this business to make a profit for their owners and shareholders. 

Photographs and statements will be taken as soon after the motorcycle crash as possible. You need an experienced motorcycle accident attorney on your side to protect your interests and to gather the important pieces of evidence helpful to you. Otherwise, this evidence can be lost, misplaced or be purposely destroyed if it is not collected on your behalf immediately.

Back to Top

What kind of a lawyer should I hire?

You should choose a law firm that has handled many motorcycle injury cases.

Back to Top

Is there a time limit in which I need to file a lawsuit in this type of case?

In most personal injury cases, a lawsuit must be brought within two years of the date of the accident. A motorcycle accident lawyer will let you know the specific time limit in your home state.

Back to Top

< Back to Motorcycle Crashes