One minute you are enjoying the open road and, the next, everything changes. A car cuts in front of you, a truck doesn’t see you and merges into you, or another motorist misjudges your speed and tries to make a left turn in front of you. Each of these are common types of motorcycle accidents, all sharing one thing in common–you are seriously injured as the result of another driver’s negligence.
After a motorcycle accident, it’s easy to feel hopeless. You may be aware that motorcyclists are generally seen as “aggressive” drivers, and fear that it will be impossible to prove another person was responsible for the accident. However, this stigma is untrue and unfair, as most motorcycle accidents involving another vehicle are not the motorcyclist’s fault.
At Console & Associates, P.C., our motorcycle accident lawyers have been helping motorcycle accident victims pursue the financial compensation they need and deserve for more than 25 years. Over this time, we’ve developed a tried-and-true method of bringing these cases that focuses on two things.
If you have questions about pursuing a motorcycle accident claim, give Console & Associates, P.C., a call to schedule a free consultation. When you give us a call, we will explain the process, answer your questions, and give you our honest opinion about your case and chances of recovery. What we won’t do is pressure you to file a claim with us. However, if you decide to move forward with a motorcycle accident lawsuit, we won’t bill you unless and until we can recover compensation on your behalf. That’s part of the “No Fee Promise” we make to each one of our clients.
Call us at (866) 778-5500 for a free, confidential case evaluation.
Almost every motorcycle accident could be avoided if drivers paid attention to what they were doing and took their responsibilities seriously—unfortunately, that hasn’t happened. When drivers are in a hurry, frustrated, or not paying attention, this significantly increases the chances of a motorcycle accident. Any motorcycle accident attorney will tell you that the most common motorcycle accident causes boil down to three types of driving behavior:
There are, however, other less common causes of motorcycle accidents, as well. For example, if a state or local government fails to maintain the roadway in a safe condition, it can create a serious hazard for motorcyclists. Loose gravel, potholes, obscured traffic signs, and worn lane markings are all potential causes of a motorcycle accident.
Motorcycles can be a great way to get around; however, at the same time, they offer much less protection than other vehicles. Thus, motorcycle accident injuries tend to be far more serious than injuries sustained in other types of crashes. This is even the case when a motorcyclist is wearing a helmet.
According to recent statistics, roughly 70 percent of all motorcyclists wear a helmet each time they ride. Thus, while helmets do a good job protecting riders from some of the most serious injuries, they are not a guarantee. In fact, helmets are only 37 percent effective at preventing fatal injury to motorcyclists. Many motorcycle accident victims who are wearing a helmet still suffer serious, lifelong injuries as a result of the collision. That said, recent studies also show that wearing a helmet can reduce the chance of injury by up to 69%, so wearing a helmet is still the easiest way to prevent injury.
After an accident, a motorcyclist or passenger will almost certainly be thrown from the bike, at which point they will hit the ground with tremendous force. This can lead to various serious injuries, including:
Like other types of motor vehicle collisions, motorcycle accidents can occur for a number of reasons. However, a significant percentage of motorcycle accidents are the result of a few traffic situations.
Forty-two percent of all fatal motorcycle accidents involve a left turn. Left turns present a major risk for motorcyclists, both when they are making the turn or when they are approaching another vehicle that is making a left turn. When a motorcyclist is waiting to make a left turn, a few things can go wrong that may lead to an accident. For example, an oncoming motorist may not see the rider and attempt to make a right turn at the same time.
Many left-turn accidents involve a motorcyclist traveling straight through an intersection while another vehicle is waiting to make a left turn. In this situation, the left-turning driver may not see the motorcyclist as they initiate the turn. The National Highway Transportation Safety Administration reports that 41% of all motorcycle accidents involve a driver not seeing the motorcyclist.
Another common type of left-turn motorcycle accident involves a left-turning driver mistakenly believing they have more time to complete a turn than they actually do. This is because motorists generally have a harder time assessing the speed at which motorcycles are traveling.
If you look at motorcycle accident statistics, it can give the false impression that motorcyclists are reckless drivers. This is because nearly a third of all serious and fatal motorcycle accidents do not involve another vehicle. However, statistics can be misleading, and just because another vehicle isn’t technically involved in a collision doesn’t necessarily mean that the rider was negligent. For example, if a road suffered from a poor design or was not properly maintained, a single-vehicle accident may not be the rider’s fault. Similarly, if another driver cuts off the rider, causing them to veer off the road or lay down their bike, the other driver may be at fault.
Other types of motorcycle accidents include:
When it comes to identifying who is at fault in a motorcycle accident, it could be any number of parties. In most cases, motorcycle accidents involve driver error, which may refer to a driver of a car or truck or even another motorcyclist. However, if a motorcycle suffers from some type of defect that led to the accident, the manufacturer of the bike may be liable for a victim’s injuries.
On the other hand, if a road sign was obscured by trees or lane markings were faded to the point they couldn’t be seen, the local government may be on the hook for a victim’s injuries. The key question is whether another party’s negligence caused the accident. If so, a motorcyclist can pursue a personal injury lawsuit against that party based on their breach of the duty of care owed to the motorcyclist.
That means more money to:
After being hit by another driver while on a motorcycle, your focus is understandably on your physical recovery, as it should be. Motorcycle accidents can be very traumatic and overwhelming. However, the moments after an accident are also a critical time to protect your ability to bring a motorcycle accident lawsuit against those responsible for the accident.
If you’ve been in a motorcycle accident, below is a checklist of things to keep in mind. While each one of these is important, you shouldn’t give up hope if the time has passed to complete each of these items.
Reporting a motorcycle accident is critical, as it not only triggers an official police investigation but it also serves as proof that the accident occurred. You can report a motorcycle accident by calling 911 or the local police or sheriff’s department.
Many serious injuries do not immediately show up after an accident. So, even if you do not notice symptoms you recognize as serious, it is still important to get checked out by a doctor after a motorcycle accident.
If you can, it is a good idea to collect whatever evidence you can from the scene of the accident. This includes collecting the names of any eyewitnesses as well as taking photos of the damage and lane markings or road signs.
After an accident, one or more insurance companies may reach out to you to discuss the accident and your injuries. While you may have to speak with the insurance company, you must be careful what you tell them, as anything you say can be used to reduce or deny a future settlement award.
As soon as you can, you should reach out to your motorcycle accident attorney to inform them that you’ve been in an accident. Your lawyer can go over all of your legal options, making sure your right to file a claim remains intact. Studies have illustrated that attorneys get, on average, 3.5 times more money for the clients they serve than claimants without an attorney get for themselves.
Motorcycle accident victims are entitled to bring a claim for legal damages after an accident. However, to prove a motorcycle accident lawsuit, an accident victim must meet the basic elements of a negligence claim. Each of these elements must be independently proven before you can be awarded damages in a motorcycle accident lawsuit. Your lawyer can explain more about each of these complex legal principles.
Duty consists of an obligation one person owes another. Under state law, all motorists owe a legal duty to everyone else on the road. Thus, establishing that another driver owed a motorcycle accident victim a duty of care rarely poses a hurdle to a victim’s recovery of compensation.
Breach refers to whether the other party violated the duty of care they owed to you. In other words, what did the other party do (or fail to do) that deviated from what they should have done? The breach is often where much of the litigation arises in motorcycle accident lawsuits.
Before you can hold another driver financially liable for your injuries, you must show that their actions caused your injuries. In other words, merely showing that another driver was negligent is not enough; you must connect the driver’s negligence to your injuries.
You must also prove that you suffered legally recognizable damages as a result of the other party’s negligence. Although the damages element of a motorcycle accident claim is typically easily met, it is important to identify the full extent of your damages and provide the other side with notice of all the types of damages you are seeking.
You’re ready to move on, but you’re hurt and tired. You don’t have to do this alone.
We can help.
The thought of calling an attorney and reliving a serious motorcycle accident is not something that most accident victims look forward to. This is completely understandable; you probably just want to do everything possible to move on after the accident. However, it is also important to keep in mind that the sooner you reach out to a lawyer, the sooner the financial recovery process starts.
The earlier you reach out to a motorcycle accident lawyer, the easier it will be for your lawyer to conduct a full investigation into the accident. For example, if your motorcycle was totaled after the accident, the insurance company isn’t going to hold onto it forever. However, the motorcycle could be important evidence in your claim against another driver. Similarly, eyewitnesses can be harder to locate the longer you wait to get legal representation.
If you’ve been in a motorcycle accident, you have a lot on your plate. You deserve a motorcycle accident lawyer who understands that, as well as how to get you the compensation you need to start moving forward with your life. At Console & Associates, we have more than 25 years of hands-on experience representing motorcycle accident victims.
When you bring Console & Associates onto your team, you aren’t just getting a lawyer; you’re getting an ally in your journey for fair compensation. We make ourselves available so that, if you have questions, we’re only a phone call away. Our lawyers are skilled negotiators and seasoned litigators, so you will never feel like you need to accept an inadequate motorcycle accident settlement. If the insurance company doesn’t want to make a fair offer, we won’t hesitate to stand up from the bargaining table and insist on a trial.
You pay nothing unless we win.
At Console & Associates, we want to make the recovery process as easy as possible for you and your family. We recognize that few accident victims are in the financial position to hire a lawyer on an hourly basis, so we accept all motorcycle accident cases on a contingency basis. This is embodied in our No Fee Promise. We will not charge you anything for our services unless we can settle your case or obtain a jury verdict in your favor. We believe this not only makes it easier to bring your case but also aligns our interests with yours because we won’t get paid unless you collect a damages award.
Filing a motorcycle accident lawsuit may seem overwhelming, but it doesn’t have to be. From the moment you call Console & Associates, we will handle everything: investigating the accident, filing an insurance claim, negotiating with the insurance company, and taking your case to trial. We have spent decades learning the intricacies of personal injury law so you don’t have to. We also make every effort to make the process as easy on you and your family as possible.
If you or a loved one was recently injured in a motorcycle accident, give Console & Associates a call today at (866) 778-5500 to schedule a free consultation. We value creating long-term relationships with our clients, and we look forward to seeing how we can help your family. Along those lines, we’re committed to treating you with the respect you deserve, and we’ll never pressure you to bring a case if, after the consultation, you decide that a lawsuit isn’t the right choice for you.