There were 5,932 motorcyclist fatalities in 2022, with that figure increasing each year [1]. When compared to regular car accidents, motorcycle accidents have 29 times the number of fatalities [2]. Just 67% of motorcyclists wear helmets while riding their motorcycles [3].
An experienced motorcycle accident lawyer from Rosenfeld Injury Lawyers can give you a better idea of what a fair motorcycle accident settlement would look like, given your specific case. Read on to learn more about the average motorcycle accident settlement, which factors impact settlement size, and what you can do to maximize your motorcycle accident settlement.
What Is the Average Motorcycle Accident Settlement?
Motorcycle accidents cost billions each year in emergency services, medical expenses, property damage, loss of productivity, and insurance costs [4]. The average insurance payout for a motorcycle accident is $7,854 per bodily injury claim [5]. The average total jury award for an injured motorcyclist is $73,700 [6].
The settlement amounts vary significantly based on the type of motorcycle. Accidents involving autocycles, supersports, and touring models yield higher settlements than accidents with scooters and sport models.
Our law firm was able to recover $14,100,000 for the family of a motorcyclist who died as a result of being hit by a truck. We have also recovered dozens of other multimillion-dollar settlements.
Average Motorcycle Accident Settlements Based on the Type of Injury
The size of your motorcycle accident settlement will be impacted by the type of injury you sustained. The more catastrophic or life-altering the injury, the larger the final settlement amount will likely be. As a result, the average motorcycle accident settlement will vary based on the injury.
Amputations
A fair settlement for a motorcycle accident injury that leads to an amputation is around $250,000.
Brain Injuries
Brain injuries can be some of the most devastating. The compensation for a brain injury could be between $100,000 and $15 million.
Back and Neck Injuries
Based on precedence, a motorcycle accident settlement for neck and back injuries ranges from $35,000 to $3.3 million.
Broken Bones
The average motorcycle accident settlement for broken bones is between $50,000 and $495,000.
Death
A motorcycle accident settlement for a wrongful death could range between $100,000 and $1.35 million.
Which Factors Affect Motorcycle Accident Claim Settlements?
No lawyer can predict with 100% confidence how much a motorcycle accident claim will settle for. Every case is different, especially if a given case goes to court and is heard by a jury. However, there are some factors that are known to affect motorcycle accident claim settlements.
Extent of Losses
The extent of your losses will impact settlement size in the average motorcycle accident case. If you were out of work for an extended period of time and can claim a significant amount in lost wages and medical bills, you will likely be able to recover more in a final settlement than someone who was only out of work for a week and had more manageable injuries.
Type of Injuries
As seen in the average settlement data, the type of injury you suffered will impact the expected settlement size. Certain injuries are more catastrophic or life-altering and, therefore, often yield higher payouts than other types of injuries do. For example, a brain injury almost always receives a more substantial settlement than someone with broken bones.
Strength of Case
In personal injury cases, the strength of the evidence and arguments you have can make a big difference in the outcome. A case with indisputable evidence, such as surveillance footage from a nearby business, is much stronger than a case that only relies on the testimony of the injured and responsible parties.
Insurance
Whether there is insurance, and what that insurance company’s coverage limits are, will make a difference in your accident settlement. Most motorcycle accident settlements come from an insurance company. If the other parties involved in your case are uninsured or underinsured, the compensation you are able to recover might be limited. Uninsured motorist coverage can help to offset this disparity.
Lawyer
Past cases show how important it is to hire an experienced personal injury lawyer to represent you. Lawyers are able to gather more evidence, negotiate for more money, and understand the nuances of the law. If you choose to represent yourself in a personal injury case, you could potentially be limiting how much compensation you can recover.
What Kind of Damages Are Compensated in Motorcycle Accident Cases
Most motorcycle accident settlements are able to recover both economic and non-economic damages. Depending on the circumstances surrounding your case, the party filing the claim, and your losses, the types of damages that are available to you may vary.
Economic Damages
Economic damages are related to tangible expenses that your accident injuries have cost you. If you hadn’t been involved in the accident, you wouldn’t have had these expenses. Some common types of economic damages are as follows:
- Medical bills – You can claim past and future medical expenses in your motorcycle accident case.
- Lost wages – The time you spent off of work and the lost wages you missed out on while you were recovering can be claimed in your lawsuit.
- Replacing your damaged bike or gear – You can recover the cost of property damage, including your motorcycle gear and smartphone.
- Rehabilitation costs – Many motorcycle accident victims require rehabilitation and physical therapy for their serious injuries. This can be recovered in your settlement.
Non-Economic Damages
Non-economic damages do not correlate to actual financial losses but are based on court calculations and assessed by a judge. Some common forms of non-economic damages are as follows:
- Pain and suffering – Pain and suffering refers to the amount of time and severity of your physical pain.
- Emotional trauma – It is not uncommon for the victim of a motorcycle accident to face significant emotional trauma, which can be compensated for by the at-fault party.
- Disfigurement – Since motorcyclists are very exposed during an accident, motorcyclists can end up disfigured as a result of their injuries.
- Scarring – As a result of the motorcycle accident, you may receive scars that change your appearance. These can be added as non-economic damage.
- Permanent disability – If you become permanently disabled from your motorcycle accident, you can receive compensation in addition to disability payments from the state.
In some cases, the judge may assess punitive damages to punish the at-fault driver for particularly egregious or dangerous behavior to dissuade them from acting in a similar manner again. It can also send a message to other drivers and regulators about particular hazards.
Wrongful Death
Unfortunately, many motorcycle drivers die as a result of the serious physical harm they sustain from a severe injury in a motorcycle accident. Wrongful death damages can include the following:
- Medical costs – You can pursue compensation in your accident settlement for your deceased loved one’s medical expenses.
- Burial expenses – Funeral and burial expenses can be a part of your final settlement amount.
- Loss of society – Loss of society refers to the loss of the deceased person’s friends and family.
- Loss of consortium – The loss of consortium is the loss of your spouse.
- Loss of companionship – Loss of companionship can be recovered by a wider circle of family members who lost the motorcycle driver.
How to Maximize a Motorcycle Accident Lawsuit Settlement
There are some things that you and your motorcycle accident lawyers can do to maximize your motorcycle accident injury settlement.
Gather Ample Evidence
The more evidence you can gather, the better your chance of recovering higher compensation. This can make insurance companies more likely to settle for a fair amount, as they will know that going to court will likely cost them more. This evidence includes police reports, accident scene photos, expert testimony, and video footage.
Know What Other Cases Settled For
It’s a good idea to know what other similar cases settled for in your area. You don’t want to accept a lowball offer when it is possible for your lawyer to negotiate for a higher amount.
Hire an Excellent Lawyer
Not all lawyers have the breadth of knowledge and experience in recovering the highest settlements. At Rosenfeld Injury Lawyers, we have a strong track record of multimillion-dollar awards.
Who Can Pursue a Motorcycle Crash Personal Injury Claim
Depending on whether the accident victim survived the crash, there are different parties that can file motorcycle accident cases:
- The motorcyclist
- Surviving spouse
- Surviving children
- Other family members
Contact a Skilled Motorcycle Accident Lawyer Today!
Contact the motorcycle accident lawyers at Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757. Someone from our law firm is available 24/7 to take your call.
We understand the emotional toll that the severe injuries from a motorcycle accident can have. Our law firm works on a contingency fee basis so you do not need to come up with anything to pay for attorney fees up front. You only pay us if we help recover compensation for you.
Resources: [1] iii, [2] iii, [3] iii, [4] iii, [5] Highway Loss Data Institute, [6] Gitnux