Motorcycle Accident FAQs

motorcycle accident

Accidents happen. Sometimes the fault lies with the motorcyclist; but more often, a motorcycle accident is caused by the negligence of another driver. Should you retain a personal injury lawyer? What do you need to know when you have been involved in a motorcycle accident?

What should you do if you are involved in an accident while riding a motorcycle?

First and foremost, do not admit any fault or sign anything. These statements can potentially be used against you. You will want to take notes and collect information.

  • Remain clear and concise when speaking about the accident. Stick to the facts until you have spoken with a personal injury attorney.
  • Make sure the scene is safe and call emergency services, including the police.
  • Get medical attention as soon as possible if you need it.
  • Move your motorcycle, if possible, to ensure it is not blocking traffic or posing a hazard to others.
  • Collect the name, contact information and insurance information from other drivers and passengers involved. Do not forget to do this for any witnesses, too.
  • Do not leave the scene of the accident until you have exchanged information with the other drivers involved.
  • Notify your insurance company. DO NOT speak to the insurance company of other drivers involved. Your attorney will take care of this communication.
  • Take photos of any injuries or damage to your motorcycle, the other vehicles involved and the surrounding area.
  • Keep copies of your medical records and bills, and record any expenses related to the accident.

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What are common types of motorcycle accidents?

Many motorcycle accidents involve a car turning left that does not see an oncoming motorcyclist. Left-turn accidents are commonly caused by drivers who:

  • misjudge the motorcyclist’s speed or distance
  • fail to see the motorcyclist
  • panic and stop in the motorcyclist’s path

Negligent acts that can result in an accident include:

  • swerving in front of a cyclist
  • cutting off a motorcyclist at an intersection
  • unsafe lane changes
  • failing to yield when appropriate
  • failing to leave sufficient room between vehicles
  • failure to see a motorcyclist changing or entering lane
  • opening a car door in the path of a motorcyclist

What are common injuries from a motorcycle accident?

Motorcyclists do not have the protection that someone in a car or truck would have so injuries can be extremely serious, including:

  • Severe head trauma/brain damage
  • Spinal cord injuries
  • Neck injuries
  • Bone fractures
  • Loss of limbs
  • Disfigurement
  • Paralysis
  • Death

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Who might be at fault for your motorcycle accident?

Who is at fault for a motorcycle accident caused by someone turning left in front of the cyclist? 

In most cases, a car making a left turn is almost always liable for a collision with a vehicle coming straight in the opposite direction. However, there are exceptions to the rule that can apply; for instance, if the vehicle going straight was excessively speeding or ran a red light. This is something an attorney will help you determine.


What happens if the driver of the motorcycle is not wearing a helmet and is involved in an accident? 

While it might be mandatory to wear a helmet in your state, it should not prevent you from recovering for your injuries if someone else caused the accident. If it can be shown that your decision to not wear a helmet caused some of your injuries, your claim may be reduced based on the principle of comparative negligence.


Do I need a lawyer when involved in a motorcycle accident?

An experienced motorcycle and car accident attorney can help you understand whether you have a valid claim as well as your options and rights.

Being involved in a motorcycle accident can leave you with serious physical and financial repercussions. Contacting an attorney immediately increases your chances of recovering maximum compensation for your injuries.


Are there things you should NOT DO after a motorcycle accident?

  • DO NOT sign anything
  • DO NOT underestimate your injuries
  • DO NOT let the insurance company record you
  • DO NOT be swayed by anything the at-fault driver’s insurance company recommends or asks you to do

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How can an attorney help me after a motorcycle accident?

Often, accidents involving motorcycles are caused by a motorist who failed to see the motorcycle or failed to take appropriate precautions to drive safely.

Your attorney will investigate the accident to find evidence showing how the motorist may have been negligent. They might review eyewitness reports, police reports, evidence from the scene, and other sources. The scene of the accident will be reviewed for things such as skid marks or the lack thereof that might indicate if the driver hit the brakes before impact, was driving recklessly or breaking any traffic laws.

Motorcycle accidents can cause numerous injuries and leave you with permanent disabilities or chronic pain. Soft tissue injuries can sometimes take weeks to show up. The at-fault driver may dispute your claim and fight back.

An experienced personal injury attorney knows how to investigate your claim, knows not to settle too early and knows what to expect from the defendant and their insurance companies. They can advise you on your legal rights and legal options.

A lawyer will help you initiate your case, plus:

  • Communicate with insurance companies
  • Collect evidence
  • Speak to eyewitnesses
  • Negotiate with the defense
  • Prepare your case for trial

How long will it take to settle a motorcycle accident claim?

Every accident is different. There is no set amount of time in which it will be completed. It often takes months to reach a settlement and can take longer if your case goes to trial. The amount your claim is worth will depend on the severity of the injuries and the time it takes for the injured person to recover completely. Your attorney can give you a better idea once they know more about your situation.


What type of damages might you be entitled to?

  • Medical Expenses. Severe motorcycle accidents can result in devastating injuries such as a traumatic brain injury, which is an expensive injury to treat; surgeries, extended hospital stays and rehabilitation.
  • Lost wages covers the time you need to take off work to recover and attend doctor’s appointments or even should you become unable to do any paying work at all.
  • Pain and suffering includes physical and mental pain and anguish caused by the accident.

Motorcycle accidents typically result in serious, sometimes life-threatening, injuries. They can affect the head, spine, lower extremities and leave you partially or permanently disabled. Your lawyer can give you a better idea once they know more about your situation.


DO YOU NEED A PERSONAL INJURY LAWYER?

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Consult an experienced personal injury lawyer.

If your motorcycle accident was due to the negligence of another driver or motorist, product failure or highway defect, you should talk with an attorney familiar with personal injuries. He or she can help you recover compensation for accident-related injuries, including lost wages.

Serious injuries occur in motorcycle accidents, some of which may not show up until weeks after an accident occurs.

These injuries can be life altering and a financial drain. When accidents are caused by the negligence of another, a personal injury lawyer will negotiate a financial settlement on your behalf.


QUESTIONS ABOUT YOUR MOTORCYCLE ACCIDENT? CONTACT US FOR A FREE CASE EVALUATION

If you have been seriously injured or lost a family member in a motorcycle accident due to another’s negligence, contact the experienced attorneys at Nash & Franciskato for a free, no-obligation evaluation of your case.

Call (877) 284-6600 and one of our experienced accident attorneys will speak with you personally.

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