Motorcycle accidents can have devastating effects on riders, leading to not only physical injuries but also emotional distress and financial burdens. Several factors influence the final amount you might receive when pursuing a motorcycle accident claim. Understanding these factors can help set realistic expectations and guide you through the process. Below are some key factors that determine the value of a motorcycle accident settlement.
Key Considerations in Motorcycle Accident Claims
Several factors influence the value of a motorcycle accident lawsuit, which can vary based on the case details, including evidence, facts, and other relevant circumstances. Key elements that affect the lawsuit’s value include the following:
Liability. The at-fault driver must be proven responsible for the accident and resulting damages. The determination of liability depends on the state’s laws and insurance systems. For example, North Carolina’s contributory negligence law states that if a motorcyclist is found to be partially at fault for an accident, they may not be able to recover any damages from the other party.
Damages. Accidents that cause significant damage or injury tend to result in higher settlements. This includes not just physical harm but also medical expenses and lost wages due to injury. Serious injuries that lead to long-term disability or require ongoing care usually involve higher medical expenses and compensation for pain, suffering, and emotional distress.
Insurance Coverage. States often mandate minimum insurance requirements, such as $50,000 per person and $100,000 per accident. Some states also require uninsured motorist coverage, which ensures compensation if the at-fault driver is uninsured. These requirements can heavily influence the settlement outcome based on available insurance coverage.
State Laws. Various states differ in their approach to insurance minimums, fault determination, and helmet laws, which can impact a motorcycle accident case. Consulting a personal injury lawyer can help determine how state-specific laws affect a claim and guide victims on how to proceed.
Financial Loss. The overall financial impact of an accident is also a significant factor in settlement value. This includes costs like vehicle repairs, medical bills, pain and suffering, and wages lost due to an inability to work following the accident.
How Much is Pain and Suffering Worth?
Pain and suffering are often a major component of a motorcycle accident settlement, but calculating this amount can be challenging. It’s not just about physical pain; it also encompasses emotional distress, mental anguish, and the negative impact on your quality of life.
How a Motorcycle Accident Settlement is Calculated
Settlement amounts can vary widely depending on several factors, including the insurance company involved and the insurance coverage available. In motorcycle accident cases where the at-fault driver has insurance, the outcome is often affected by the policy limits of that driver’s insurance. A motorcycle accident lawyer can help you with gathering all necessary evidence and building a strong case on your behalf.
Most Common Causes of Motorcycle Accidents
Motorcycle accidents can happen for various reasons. However, some causes are more common than others. Understanding these causes can help both riders and drivers take precautions to avoid accidents. Some of the most common causes of motorcycle accidents include:
Lane splitting. Lane splitting (riding between two lanes of traffic) can be dangerous, especially if drivers don’t expect it. This maneuver is illegal in some places, including South Carolina, and can result in serious accidents if not done carefully.
Left turn accidents. Many motorcycle accidents involve drivers turning left in front of an oncoming motorcycle. Motorcyclists are often harder to spot, making these accidents particularly common.
Road hazards. Uneven road surfaces, debris, and potholes can be hazardous for motorcyclists. These can cause a rider to lose control, especially if the rider is traveling at high speeds.
Impaired or distracted drivers. Drivers who are under the influence of alcohol or drugs, or who are distracted by mobile phones or other devices, can fail to see motorcyclists on the road. This is one of the most preventable causes of motorcycle accidents.
What to Look for When Choosing a Motorcycle Accident Attorney
Choosing the right motorcycle accident attorney is crucial for maximizing your chances of a successful settlement. A lawyer will help guide you through the legal process and ensure that your rights are protected.
Here are some qualifications you should look for when selecting a motorcycle accident attorney to handle your case:
Experience with motorcycle accident cases. Motorcycle accident cases can be more complex than car accident cases due to the unique nature of motorcycle injuries and laws. Ensure that the attorney you choose has experience specifically in motorcycle accident cases.
Track record of success. Look for an attorney with a proven history of successful settlements and verdicts in motorcycle accident cases. This demonstrates their ability to handle complex cases effectively.
Personalized attention. Your case should be treated with the attention and care it deserves. Choose a law firm that offers personalized service and takes the time to understand the details of your case.
Clear communication. Good communication is key in any legal case. Ensure that your attorney is responsive, keeps you updated on your case, and clearly explains any legal jargon or complicated processes.
Our Motorcycle Accident Attorneys at GTA Law Riders Are On Your Side
Understanding how a motorcycle accident settlement is determined, what elements go into the settlement process, and how to choose the right attorney can make a huge difference in your case. Always consult with an experienced motorcycle accident attorney to ensure you receive the compensation you need.
At GTA Law Riders, we’re motorcyclists just like you. If you’ve been injured in a motorcycle accident, we’re here to help. Our trusted accident lawyers will treat your motorcycle case like we would our own, protecting your legal rights and fighting for the maximum compensation you’re entitled to by law to cover medical bills, pain and suffering, and more.
