Motorcycle accidents can result in severe injuries and significant financial burdens. An experienced motorcycle accident lawyer can be invaluable in such circumstances, offering expertise in handling the unique aspects of these cases.
At Rosenfeld Injury Lawyers, we understand the complexities involved in motorcycle accidents, from proving liability to dealing with an insurance provider. We work diligently to ensure their clients receive fair compensation for medical expenses, lost wages, and pain and suffering.
Why You Need Specialized Motorcycle Accident Lawyers After a Motorcycle Accident
Dealing with the aftermath of a motorcycle accident can be daunting, especially when it involves catastrophic injuries and extensive financial burdens. The motorcycle accident attorneys from Rosenfeld Injury Lawyers are essential in these situations as they possess in-depth knowledge and experience specific to motorcycle cases. Our team is committed to advocating for your rights and helping you achieve the best possible outcome.
Leg amputation after a left-turn hit by a vehicle
Lower limb loss after an intersection accident
Motorcycle collision with a stalled truck
Motorcycle fatal hit by a teen driver on a highway
Collection of wrongful death policy limits
Nerve damage after being thrown off bike
We understand the nuances of motorcycle accident law, including unique liability issues and the tactics insurance companies may use to minimize payouts in an insurance claim. By leveraging our expertise, a personal injury lawyer from our team can gather crucial evidence, consult with motorcycle accident reconstructionists, and negotiate with insurers to ensure you receive the compensation you deserve.
The Rising Number of Motorcycle Accidents
Despite constituting a mere 3% of all registered vehicles and accounting for only 0.7% of vehicle miles traveled in the United States, motorcyclists represented 14.6% of traffic fatalities and 3.5% of all injuries reported in 2022. Helmet use is a crucial factor influencing these fatality rates. [1]
From 2021 to 2022, there was a 1% increase in fatalities among motorcycle riders and passengers. The data for motorcyclist fatalities reveals: [1]
- 66% occurred on urban roads
- 94% took place in good weather conditions
- 50% happened during daytime hours
- 55% involved two-vehicle crashes
- 40% of the deceased were not wearing helmets at the time of the accident
Additionally, it is notable that 72% of motorcycle operators involved in fatal crashes were not under the influence of alcohol. [1]
The Vulnerability of Motorcyclists on the Road
Motorcyclists are at a higher risk of injury on the road for a number of reasons, including:
- Lack of Protection: Unlike cars, motorcycles offer minimal physical protection. Riders lack seat belts and crumple zones that absorb impact during collisions, leaving them vulnerable in accidents.
- Visibility Issues: Motorcycles can be less visible to other drivers, particularly in blind spots or inclement weather conditions. This reduced visibility increases the likelihood of collisions with larger vehicles.
- Instability: Motorcycles are inherently less stable than four-wheeled vehicles because they rely on two tires for balance and traction – a disadvantage when navigating uneven road surfaces or during adverse weather conditions like rain or ice.
- Inexperienced Riders: Many motorcycle accidents involve an inexperienced motorcycle rider who may struggle with handling their bikes safely in various traffic situations, which can lead to poor decision-making and increased crash risks.
- Higher Speeds: Motorcycle riders often travel at higher speeds compared to other motorists , which can significantly magnify the severity of accidents. This makes collisions much more dangerous.
- Road Hazards: Motorcycles are more vulnerable to road hazards like potholes, debris, or slippery surfaces. A minor obstacle that a car driver might easily navigate could lead a motorcyclist to lose control and crash.
Unique Challenges of Motorcycle Accident Cases
Motorcycle accident claims distinct complexities that require specialized legal expertise to navigate effectively. Some of the specific challenges in this cases include:
If you have been involved in a motorcycle crash, it is essential to seek the expertise of knowledgeable motorcycle accident lawyers. At Rosenfeld Injury Lawyers, we are committed to guiding you through the complexities of your motorcycle accident case and advocating for your rights.
What a Motorcycle Accident Lawyer Can Do for You
A dedicated motorcycle accident lawyer provides invaluable support and expertise in navigating the aftermath of a motorcycle accident. Here’s how your motorcycle accident lawyer can help:
Investigation and Evidence Gathering
A motorcycle accident attorney plays a critical role in the investigation and gathering of evidence following a motorcycle crash. In most motorcycle accident cases, the thorough examination of the accident scene is essential to understand the dynamics of the collision.
Accident scene reconstruction is often employed to piece together how the incident occurred. Additionally, our team will conduct witness interviews to gather first-hand accounts of the crash. Securing surveillance footage and reviewing police reports are also integral parts of this investigation, ensuring no detail is overlooked when building your motorcycle accident case.
Determining Liability
Identifying all responsible parties is crucial in a motorcycle accident case. This can include drivers, municipalities, or any other entities that may have contributed to the accident. Our motorcycle accident lawyers are skilled at proving negligence, which is essential for holding the at-fault driver accountable.
By meticulously analyzing evidence and leveraging expert testimony, our personal injury lawyers make a compelling case for your entitlement to financial compensation.
Calculating Damages
When it comes to calculating damages, a motorcycle accident law firm ensures all aspects of your suffering and losses are accounted for. This includes not only immediate medical expenses and lost wages but also long-term impacts like pain and suffering, property damage, and future care costs. Our goal is to provide a comprehensive assessment of your needs, one that reflects the true cost of the accident and ensures you receive just compensation.
Negotiating with Insurance Companies
Dealing with insurance adjusters can be particularly challenging after a motorcycle collision, as insurance companies often use tactics to minimize payouts. Hiring a motorcycle accident lawyer from our team means securing a legal ally skilled at negotiating with insurance providers to counter these strategies and fight for fair compensation. In doing so, we relieve you of the burden of managing the complexities of your insurance claims, allowing you to focus on your recovery.
Litigation and Trial
If negotiations do not lead to satisfactory settlement offers, our personal injury attorneys are prepared to take your motorcycle accident case to court. Filing a lawsuit and representing you in court is a crucial step in maximizing your compensation.
Whether it’s a case of serious injury or wrongful death claims, our law firm is committed to pursuing justice on your behalf. Having an experienced lawyer by your side during litigation ensures that all aspects of your motorcycle accident claim is effectively presented, increasing the likelihood of a favorable outcome.
Common Types of Motorcycle Accidents
Motorcycle accidents can occur in various scenarios, each with distinct characteristics and potential risks, necessitating different legal approaches when handling a personal injury claim.
- Left-Turn Accidents: These accidents frequently happen when a vehicle makes a left turn in front of an oncoming motorcycle. The reduced visibility of motorcycles makes them more susceptible to being overlooked by drivers, leading to serious accidents.
- Intersection Collisions: Intersections are high-risk areas where motorists and motorcyclists often converge. Many motorcycle fatalities and serious accidents result from collisions at intersections, making awareness and caution extremely important.
- Lane Splitting Accidents: Lane splitting involves a motorcycle riding between lanes of slow-moving or stopped traffic. While it can save time, it also increases the risk of an automobile accident as drivers may not expect a motorcycle to be passing them in this manner.
- Rear-End Collisions: Motorcycles can be difficult for drivers to see, especially in heavy traffic or poor weather conditions. A rear-end collision can cause significant injury to a motorcyclist given the minimal protection available compared to an automobile.
- Dooring Accidents: This type of accident occurs when a car door is opened into the path of a moving motorcycle. The sudden obstacle can lead to serious injuries, particularly in urban areas where parked cars line the streets.
- Hit-and-Run Accidents: Hit-and-run accidents present additional challenges since the driver responsible often leaves the scene. These incidents complicate the pursuit of rightful compensation for the injured motorcyclist.
For those involved in any of these accidents, our law firm offers a free consultation to discuss your case. We specialize in motorcycle injury cases and understand the complexities surrounding auto accidents and motorcycle fatalities.
Whether the accident occurred due to a driver’s negligence or other causes, we are here to provide professional support and fight for your rights.
Common Motorcycle Accident Injuries
Motorcycle accidents often result in a variety of injuries due to the lack of structural protection for riders. Understanding these common injuries is essential for recognizing the potential long-term impacts and pursuing appropriate medical treatment and legal action.
- Head and Brain Injuries: One of the most significant concerns in motorcycle accidents is head and brain injuries. These can range from concussions and skull fractures to traumatic brain injuries (TBIs), which can have profound and lasting effects on cognitive function, motor skills, and overall quality of life.
- Spinal Cord Injuries: Injuries to the spinal cord are another serious consequence of motorcycle accidents. Depending on the location of the injury, these serious injuries can lead to partial or complete paralysis.
- Broken Bones and Fractures: Fractures and broken bones are common among motorcyclists involved in collisions. These injuries frequently affect the arms, legs, ribs, and pelvis, and can require surgical intervention, physical therapy, and extended recovery periods.
- Road Rash: Road rash occurs when a rider’s skin comes into contact with the pavement, causing abrasions and lacerations. While some cases of road rash are minor, others can lead to significant pain, infection, and permanent scarring.
- Internal Injuries: Internal injuries, such as damage to organs and internal bleeding, are particularly dangerous because they may not be immediately apparent. Prompt medical evaluation is critical following a motorcycle accident to identify and treat any internal trauma.
- Psychological Trauma: Beyond physical injuries, motorcycle accidents can also result in psychological trauma. This often includes post-traumatic stress disorder (PTSD), anxiety, and depression. The emotional and mental impact of an accident can be as debilitating as physical injuries, requiring professional psychological support for recovery.
The team at Rosenfeld Injury Lawyers is dedicated to helping victims navigate their recovery and secure the compensation needed to address both their immediate and long-term needs.
Seeking Compensation for Your Losses
Motorcycle accidents can result in significant, life-altering injuries and financial hardships. Understanding your rights and the available avenues for compensation is imperative in the aftermath of such an incident. At Rosenfeld Injury Lawyers, our goal is to guide you through the legal process and ensure that you receive fair compensation for your losses.
Types of Damages
When pursuing a motorcycle accident claim, there are several types of damages that you can seek. These damages are typically categorized into economic, non-economic, and punitive damages.
Economic Damages
Economic damages are quantifiable monetary losses incurred as a result of the accident. These may include:
- Medical Bills: Costs associated with hospital stays, surgeries, medications, physical therapy, and any ongoing medical care.
- Lost Wages: Compensation for income lost due to the inability to work while recovering.
- Property Damage: Repairs or replacement of the motorcycle and any other personal property damaged in the accident.
Non-Economic Damages
Non-economic damages are intended to compensate for the intangible losses that do not have a direct monetary value but impact the quality of an injured party’s life. These may include:
- Pain and Suffering: Compensation for the physical pain endured during and after the accident.
- Emotional Distress: Damages for the psychological impact, including anxiety, depression, and trauma.
- Loss of Consortium: Compensation for the negative effect on relationships with a spouse or family members due to the motorcycle injuries sustained.
Punitive Damages
In cases where the defendant’s actions are found to be particularly egregious or exhibit gross negligence, punitive damages may be awarded. Punitive damages are designed to punish the wrongdoer and deter similar conduct in the future. Although less common, these damages can significantly increase the total compensation received.
Understanding the types of damages you may be entitled to is a crucial step in ensuring your rights are fully protected. The experienced attorneys at Rosenfeld Injury Lawyers are here to guide you through the legal process and fight for the maximum compensation on your behalf.
Proving Damages
Proving negligence is a critical aspect of almost any personal injury case and involves demonstrating that the defendant’s actions or inactions directly led to the plaintiff’s injuries. The legal process to establish negligence typically follows a four-step framework:
- Duty of Care: The first step involves showing that the defendant owed a duty of care to the plaintiff. A duty of care is a legal obligation requiring individuals to exercise reasonable care to avoid causing harm to others. For instance, all drivers have a duty to operate their vehicles safely and follow traffic laws.
- Breach of Duty: Once a duty of care has been established, it’s necessary to prove that the defendant breached this duty. This breach can occur through actions or omissions that a reasonably prudent person would not undertake under similar circumstances. Examples include distracted driving, speeding, or failing to maintain a vehicle properly.
- Causation: The third step is to establish a direct link between the breach of duty and the injuries sustained by the plaintiff. It must be demonstrated that the defendant’s actions or inactions were the proximate cause of the accident and that the injuries would not have occurred but for the defendant’s negligence.
- Damages: The final step involves proving that the plaintiff suffered actual damages as a result of the breach of duty. Damages can be economic, such as medical bills and lost wages, or non-economic, such as pain and suffering and emotional distress. Providing thorough documentation and expert testimony can be essential in substantiating a personal injury claim.
Successfully proving negligence requires a methodical and evidence-based approach. Our team at Rosenfeld Injury Lawyers is here to help.
Statute of Limitations for Motorcycle Accidents
The statute of limitations sets a time limit on how long individuals have to file a lawsuit after a motorcycle accident. This time frame varies depending on the state in which the accident occurred.
It is crucial to be aware of and adhere to these deadlines, as failure to file within the specified time frame can result in the loss of your right to pursue compensation. Consulting with a knowledgeable motorcycle accident attorney as soon as possible after an accident is advisable to ensure that your claim is filed promptly and all necessary evidence is preserved.
Our team at Rosenfeld Injury Lawyers is well-versed in the specific statutes of limitations applicable to motorcycle accidents in various states and can provide the guidance needed to navigate this critical aspect of your case.
Contact an Experienced Motorcycle Accident Lawyer Today!
Choosing the right motorcycle accident attorney is critical in the aftermath of a motorcycle accident. At Rosenfeld Injury Lawyers, we pride ourselves on our comprehensive understanding of motorcycle accident laws and our commitment to advocating vigorously for our clients.
We operate on a contingency fee basis, which means you do not pay any legal fees unless we successfully recover compensation on your behalf. This “No Win – No Pay” approach ensures that you can pursue your case without the added stress of upfront legal costs.
If you or a loved one has been involved in a motorcycle accident, get in touch with us as soon as possible. We offer a free, no-obligation consultation to discuss the details of your case and outline your options. Contact us today to begin your path to recovery and justice. You can schedule a free consultation by completing our online form or calling us at (888) 424-5757.
Specific Cases We Handle
- Foot Injuries from Motorcycle Accident
- Motorcycle Accident Leg Injuries
- Motorcycle Helmet Laws by State
- Average Motorcycle Accident Settlement Amounts
Resources: [1] Injuryfacts.org