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Motorcycle accidents can be devastating, both physically and financially. In many cases, if you are the driver of a motorcycle, you may suffer more injuries than the driver of a car. This is because you lack the protection of an enclosed vehicle. If you are injured in a motorcycle accident, it is important to know your rights. You may need to file a motorcycle accident lawsuit to get the compensation you deserve.
Danger Ahead
According to the Insurance Institute for Highway Safety, “Riding a motorcycle is inherently riskier than driving a car.” They cite these statistics:
- Motorcycles are less stable than passenger vehicles during maneuvers such as emergency braking and swerving and are less visible on the road.
- When motorcyclists crash, they lack the protection of an enclosed vehicle, so they’re more likely to be injured or killed.
- Per mile traveled in 2019, the number of deaths on motorcycles in the U.S. was nearly 29 times the number in cars (NHTSA, 2021).
Because motorcycle drivers lack the protection of an enclosed vehicle, others may hold a bias that they carry some of the fault of any injuries they incur.
If your case goes to trial, some members of a jury may feel less sympathetic toward your injuries than they would of the same injuries for someone riding in a car.
Fault Matters
Texas’ modified comparative negligence system means that if you are 51% or more responsible for the crash, you don’t recover any compensation at all. If you are 50% or less at fault, then you would likely receive a percentage of your total damages. The total amount of compensation you receive is reduced based on your percentage of fault.
In Texas, if you are 100% not at fault, you may receive full compensation for your injuries and damages from the other driver or their insurance company. The problem you face is proving you are not at fault to the insurance adjuster and possibly later, in a court of law.
Settling a Claim
When you first talk to insurance companies about fault and damages, they may put off your claim and stall you with tactics so that you will not think your case is worth anything. That’s why hiring a personal injury attorney may help. They know what your claim is worth and how to negotiate with the claims adjusters.
When your attorney talks with the insurance company, they will generally negotiate a settlement amount that is agreeable to you and to the other driver so that the case does not go to court. Neither side wants to pay for attorney and court fees for a trial.
However, settlement amounts are lower than a trial award. So if you expect a court to award you $65,000 in a courtroom because you were 100% not at fault, the same amount awarded in a settlement is likely only 20% of that amount.
Lawsuits are Win or Lose
Most individuals choose to settle because you cannot know the outcome in a courtroom. You can’t know if jury members may feel biased against you as a motorcyclist.
In addition, you must have a solid case to win a lawsuit. You must have proof that you are not at fault and show that the other driver is at fault. You also need to show proof of your damages to expect any monetary award in court.
However, if the insurance company will not negotiate a fair settlement, your personal injury attorney may recommend filing a lawsuit. Often, just filing the suit will get the insurance adjuster on the same page with a better offer of compensation to settle the case.
Filing a Motorcycle Accident Lawsuit
Important factors to consider when filing a motorcycle accident lawsuit include:
- Extent of your injuries
- Cost of medical treatment or future treatments
- Lost wages and future lost wages
- Pain and suffering
- Your amount of fault
- The other driver’s negligence
Motorcycle accident settlements vary widely, depending on the facts and circumstances of each case. If you are not satisfied with the amount of your motorcycle accident settlement, you may need to file a lawsuit.
Proving You’re Not At Fault
There are many ways you can show that you are not at fault in an accident. You can start at the scene of the accident by carefully considering what you say to the police, witnesses, and the other driver or passengers.
Consider these factors to prove your lack of fault:
Police Reports: Describe what happened clearly and carefully or call your attorney to be present with you and help you answer questions. Taking pictures of all damages at the scene can help later on. Law enforcement and insurance adjusters often rely on pictures, statements, and diagrams to fully understand what happened.
Witness Statements: Witness statements may also prove unbelievably helpful. If anyone in the vicinity saw the accident, ask them if you can record them speaking about what happened or if they would make a brief written statement of what happened and sign it. Make sure to collect their phone number and address so you or an insurance adjuster can contact them later.
Make Wise Statements: Generally, an insurance adjuster will ask you to make a recorded statement over the phone about what happened so that they can determine fault. It is crucial that you do this interview with your attorney present. They understand the process and can coach you about how to talk about your accident carefully. A lawyer can help prevent you from saying something that the insurance adjuster could misconstrue later on.
We Can Help
Whether you carry none or some of the blame for the accident, consider asking for help to prove you are not at fault in a motorcycle accident and to fight for fair compensation.
At Jarrett Law, we walk you through the negotiation process and work with the insurance adjusters, other lawyers, and witnesses to bring about the best outcome. We also help you file a lawsuit if the settlement process is not going your way. You can make a free initial consultation to discuss your case. If we proceed, you don’t pay us unless we get fair compensation for your injuries.
Contact our personal injury team at Jarrett Law and find out how we can help you get the compensation you deserve.
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