What Damages Can You Recover After A Motorcycle Accident?

A motorcycle accident can cause serious injuries, leading to physical pain, financial strain, and emotional suffering. If you've been hurt in a motorcycle accident due to someone else's carelessness, it's important to understand the types of compensation you can get. 

This blog will help you figure out how to recover financially after a motorcycle accident.

What You'll Learn:

• Types of Damages Recoverable in Motorcycle Accident Claims
• Building a Strong Case for Maximum Compensation
• Why You Need a Motorcycle Accident Lawyer

‍

The information provided on this blog is for informational purposes only and does not constitute legal advice. The content is not intended to be a substitute for professional legal consultation. Every motorcycle accident case is unique. If you want to get a more accurate assessment of your case's success rate and the legal options available to you, we highly recommend consulting with a qualified motorcycle accident lawyer in your area.

‍

What Damages Can I Recover in a Motorcycle Accident Claim?

Motorcycle accidents can have devastating consequences. If you've been injured in a motorcycle accident caused by someone else's negligence, you might be entitled to recover compensation for your losses through a personal injury lawsuit. There are two main categories of damages you can recover:

1. Economic Damages

These are the tangible, out-of-pocket expenses you incur due to the accident. Examples include:

• Medical Bills: This covers all the costs associated with your medical care after the accident. It includes past expenses like hospital stays, doctor visits, and surgeries, as well as future costs for ongoing treatment, medication, and rehabilitation.
• Lost Wages: If you're injured and can't work because of the accident, you can recover the money you would have earned during that time.
• Lost Earning Capacity: This refers to the money you might lose in the future because your injuries make it difficult or impossible to work in the same capacity as before.
• Motorcycle Repairs or Replacement: If your motorcycle was damaged in the accident, you can recover the cost of repairing it or getting a new one (if it's totaled).
• Other accident-related expenses: This covers any additional costs you incur because of the accident, such as transportation to and from doctor appointments, medical equipment (crutches, wheelchairs, etc.), or hiring help with housework or childcare if your injuries prevent you from doing these things yourself.

2. Non-Economic Damages

Beyond the economic damages, riders often face a long and challenging road to recovery. Here's a glimpse into the non-economic burdens motorcycle accident victims might endure:

• Pain and Suffering: When you're injured, you might feel physical pain and emotional distress. Pain and suffering refer to the physical discomfort and emotional distress caused by your injuries. It includes the actual physical pain as well as any emotional suffering from the accident and its aftermath. For more details about pain and suffering in personal injury claims, you can read our blog post on "What is Pain and Suffering in a Personal Injury Case?"
• Mental Anguish: Experiencing mental anguish is more intense than feeling sad or disappointed. After an accident, people may experience anxiety, depression, and PTSD due to the emotional distress caused by the trauma.
• Loss of Enjoyment of Life: Severe injuries can limit a person's ability to engage in activities they once enjoyed, impacting their overall quality of life. For example, if you suffer severe leg injuries and can no longer go on long walks or play sports, you can recover compensation for the loss of enjoyment you experience.
• Scarring and Disfigurement: Permanent physical marks or alterations to your body caused by the accident. This can include scars, burns, amputations, or other physical changes that can lead to emotional distress and a loss of self-confidence.

The amount of compensation you receive will depend on the severity of your injuries, the evidence of the other party's fault, and the specific laws of your state.

‍

Building a Strong Case for Maximum Compensation

After a motorcycle accident, it's important to take action to safeguard your rights and increase your opportunities to secure just compensation. Here's what you should consider doing:

• Seek Medical Attention Promptly: A documented medical record is essential for establishing the nature and extent of your injuries, and their connection to the accident.
• Gather Evidence: Collect all the evidence you could possibly get, including:

Police Report: This document will contain details about the accident scene, witness statements, and the investigating officer's findings.

Witness Statements: If anyone witnessed the accident, ask for their written statements and contact information.

Photos of the Accident Scene: Photographs of the accident scene, your injuries (if possible), and any damaged vehicles can provide valuable visual evidence.

Motorcycle Damage: If your motorcycle is repairable, get an estimate for repairs. If it's totaled, keep the insurance payout documentation.

The Role of Surveillance Footage in Motor Vehicle Accident Claims

• Keep Detailed Records: Maintain a record of all accident-related expenses, including medical bills, receipts for prescriptions, lost wages documentation, and any other out-of-pocket costs.
• Consult an Experienced Motorcycle Accident Lawyer: Personal injury laws can be complex. An attorney specializing in motorcycle accidents can evaluate your case, guide you through the legal process, negotiate with the insurance company on your behalf, and ensure you receive the compensation you deserve.

Why You Need a Motorcycle Accident Lawyer

Motorcycle accident cases can be complex. Here's why having an experienced motorcycle accident lawyer on your side is critical:

• Understanding Motorcycle-Specific Laws: Laws governing motorcycle safety and rider rights can vary from state to state. A lawyer familiar with these laws will ensure your case is presented effectively.
• Investigating the Accident: Your lawyer will conduct a thorough investigation to identify all potentially liable parties, gather evidence, and build a strong case on your behalf.
• Negotiating with Insurance Companies: It's common for insurance companies to offer lower settlements. An experienced lawyer will handle negotiations with the insurance company to ensure you receive a fair settlement.
• Taking Your Case to Court: If a fair settlement cannot be reached through negotiation, which is highly unlikely, your lawyer will represent you in court and fight for the compensation you deserve.

The pain and stress after a motorcycle accident can be a lot to handle.  An experienced lawyer can take the legal burden off your shoulders, allowing you to focus on your recovery.

Frequently Asked Questions

What damages can I recover after a motorcycle accident?

Motorcycle accident victims may be eligible to recover economic damages including medical expenses, lost wages, and motorcycle repair or replacement costs, as well as non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving serious or permanent injuries, future medical costs and diminished earning capacity are also recoverable. The total value of the claim depends on injury severity and the specific facts of the accident.

How do I find the best motorcycle accident lawyer for my case?

Look for an attorney with specific experience in motorcycle accident cases, not just general personal injury. Motorcycle claims often face bias from insurance adjusters who may assume rider fault, and an experienced motorcycle accident attorney knows how to counter these assumptions with evidence. Most personal injury attorneys offer free consultations — use that conversation to ask about their track record with motorcycle cases specifically.

What makes motorcycle accident claims different from car accident claims?

Motorcycle injuries tend to be significantly more severe due to the absence of a protective enclosure. This means higher medical costs, longer recovery periods, and greater long-term impact on quality of life and earning capacity. Additionally, motorcyclists sometimes face bias from insurance adjusters who may assume rider fault without evidence. A skilled attorney can counter these assumptions with evidence and ensure the full extent of damages is reflected in the claim.

Can I recover compensation if I was partially at fault in a motorcycle accident?

In most states, yes. Comparative fault rules allow you to recover a reduced amount proportional to the other party's share of fault. For example, if you are found 25% at fault and your damages are $100,000, you could recover $75,000. A small number of states use contributory negligence which could bar recovery entirely. An attorney experienced in motorcycle accident cases can assess how fault is likely to be allocated given the specific circumstances.

‍

Contact Lawfty. Get Help Today!

Lawfty connects you with experienced motorcycle accident lawyers who can provide personalized legal advice tailored to your specific circumstances.

If you've been injured in a motorcycle accident, don't hesitate to seek legal representation. Contact Lawfty today to schedule a free consultation with an intake specialist who will connect you with a qualified motorcycle accident lawyer in your area. They will review your case, answer your questions, and advise you on the best course of action.

‍