How long does a motorcycle accident lawsuit take?

How long your lawsuit takes can be challenging to determine at the outset. The length of your case depends on various factors, including the following: The extent of your injuries and damages The willingness of both parties to settle Whether fault for the accident is clear A court’s caseload Generally, cases moving to trial can take a year or more to resolve, while an out-of-court settlement can be much quicker.

What is the average motorcycle accident settlement?

There is no average settlement amount, as no two accidents are the same. Settlements can vary significantly and range from a few thousand dollars to several hundred thousand dollars and more. What you could recover will depend on the scope of your injuries, insurance coverage and state laws. An attorney can evaluate your case and determine a fair motorcycle accident settlement.

Does health insurance cover motorcycle accident injuries?

Your private health insurance plan should cover treatment for your motorcycle accident injuries. However, the exact details of your coverage depend on your policy and provider. Your insurance may not cover all expenses, such as physical therapy or long-term care. You’ll also be responsible for any co-pays or deductibles. Remember, if another party is responsible for the accident, their insurance company may be responsible for reimbursing your medical expenses.

Can I file a motorcycle accident claim if I wasn’t wearing a helmet?

Failing to wear a helmet doesn’t prohibit you from filing an insurance claim or lawsuit. However, it could impact your case’s outcome. For example, if you claim damages for a brain injury that a helmet could have prevented, a court may assign you some fault for your injury. This could reduce your compensation. For example, if a court assigns you 30% responsibility for your injuries, and you have $100,000 in damages, you may only recover $70,000 (70%) in damages.

How much does a motorcycle accident lawyer charge?

Most motorcycle accident lawyers work on a contingency fee basis, meaning they only get paid if and when you win. Contingency fees vary from one attorney to another and can amount to one-third or more of the final settlement or court award. However, some attorneys charge hourly rates or retainers, meaning you could be responsible for fees whether you win or lose your case. Therefore, clarify the fee structure with your lawyer before hiring them.

Motorcycle Accident Lawsuits: A Guide (2024)

Tamara Armstrong

Contributor

Reviewed By Adam Ramirez, J.D.

Editor

July 17, 2024 Read in 5 mins

Who Is Responsible for Your Motorcycle Accident?
What Are the Most Common Causes of Motorcycle Accidents?
You Could Be Entitled to a Motorcycle Accident Settlement
Should You Hire a Lawyer for Your Motorcycle Accident Lawsuit?

Summary

Motorcyclists are 15% of traffic fatalities.

Motorcyclists’ vulnerabilities often result in severe accident injuries.

Hiring an attorney can make a motorcycle accident more manageable.

Riding a motorcycle is undoubtedly exhilarating. However, lacking physical protection and visibility makes motorcycle riders vulnerable to crashes and injuries. Even a relatively minor accident could severely affect your health and financial stability.

You could be entitled to compensation if you sustained injuries in an accident. However, the time to file a motorcycle accident lawsuit may be limited, so don’t delay getting legal advice. An attorney can clarify your options and pursue fair compensation. Fill out our form today to get help.

Who Is Responsible for Your Motorcycle Accident?

All drivers are responsible to other road users, including motorcycles. They must operate their vehicles responsibly and follow traffic laws. If they drive recklessly or disobey traffic codes, they may be negligent and at fault in your motorbike accident claim.

But drivers may not be solely liable for your accident claim. Road hazards, road maintenance issues or defective motorcycle or auto parts may contribute to accidents. When you face this situation, your motorcycle crash lawsuit may also include manufacturers and government entities as defendants.

Potential At-Fault Parties in a Motorcycle Accident Lawsuit

Possible defendants in a motorcycle accident lawsuit may include:

Other Drivers. Another driver may be responsible if they were speeding, driving distracted or violating traffic laws when they caused your accident.

Vehicle Manufacturers: When a manufacturing defect or faulty part in your motorcycle causes an accident, you could seek compensation from a manufacturer and other third parties.

Government Entities. If your motorcycle accident occurred due to inadequate signage, poor road maintenance or other road hazards, you could sue the government entity responsible for roadway maintenance.

Businesses: If the driver who caused your accident was on work time, you may be able to hold their employer accountable for your damages.

Determining who is liable for your damages can be tricky and may involve a detailed investigation into the crash. The evidence required to prove fault can include police reports, witness statements, expert opinions, traffic camera footage and other material.

Do I Qualify for

Motorcycle Accident Compensation?

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What Are the Most Common Causes of Motorcycle Accidents?

Motorcycle accidents result in 15% of all traffic fatalities. According to the National Highway Traffic Safety Administration, 6,218 motorcycle riders died in vehicle accidents in 2022.

Many of these fatalities arose from motorcyclists' vulnerabilities. Riders lack a steel cage around them, and motorcycles don’t have airbags or seatbels. Also, even with armored clothing and DOT-compliant helmets, high-speed crashes and impaired drivers can end in a deadly encounter for a motorcycle rider.

Common causes of motorcycle crashes include:

Speeding. Failure to observe speed limits or adjust speed to weather or road conditions can lead to accidents. In addition, higher speeds typically cause more severe injuries due to the higher-force impact.

Right of Way Violations. Car drivers may fail to yield to motorcyclists when merging or making turns, causing side-swipe accidents.

Driving Impaired: Driving under the influence of drugs or alcohol can lead to reduced reaction time and increased risk-taking.

Unsafe Lane Changes: Drivers can cause accidents by abruptly changing lanes, failing to check blind spots or neglecting to signal when changing lanes. This scenario becomes especially dangerous if lane splitting is legal in that state.

Texting and driving: A driver who texts while driving may fail to see motorcycles in blindspots or rear-end them due to the distraction. Since motorcycles are much smaller, they are easily overlooked –especially by inattentive drivers.

Motorcycle defects: A manufacturer or mechanic may fail to properly design or repair essential safety equipment, like brakes. Also, a transmission that shifts incorrectly may stall a motorcycle and make it a freeway target.

This list is incomplete, and accidents are often unique. But if your collision occurred due to another driver's negligence, a motorcycle accident lawsuit may compensate you for your damages.

You Could Be Entitled to a Motorcycle Accident Settlement

Depending on the specifics of your motorcycle accident and damages, you could qualify for compensation:

Healthcare costs

Rehabilitation

Medical devices (crutches, neck braces, wheelchairs, etc.)

On-going care costs

Modifications to your home and vehicle

Lost income and future loss of wages

Pain and anguish

Emotional distress

Loss of life enjoyment

Factors Influencing Your Motorcycle Accident Lawsuit Compensation

It is difficult to ascertain an average settlement in motorcycle accident claims. Your damages depend on the details of your crash, including:

Extent of Injuries. More severe or life-changing injuries typically result in higher compensation for steep medical expenses and other costs.

Lost Income. If you cannot work temporarily or permanently, your settlement may include wages lost during recovery and potential future earnings.

Property Damage. Repair or replacement of the motorcycle and any other items destroyed in the accident may factor into settlement calculations.

Available Insurance Coverage: The coverage limits of the at-fault party’s insurance policy may cap the amount of compensation available to you. If your claim value is larger than those limits, you might need to pursue the at-fault party’s assets to receive a full recovery.

Liability: Depending on state laws, your settlement may decrease if you are partially at fault for the crash. This legal theory is known as comparative negligence.

Legal Representation: Working with a skilled motorcycle accident attorney can significantly impact your settlement. A lawyer can negotiate for maximum compensation and even take an insurance company to court if they refuse a fair settlement.

Should You Hire a Lawyer for Your Motorcycle Accident Lawsuit?

An accident occurs in a split second but can impact your life and your family for years. Unfortunately, insurance companies are not your friends.

The opposing insurance company may be more interested in their bottom line than adequately compensating you. Insurers may even use manipulative tactics to downplay your injuries or get you to say something they can use to deny or reduce your claim.

For these reasons and more, hiring an experienced attorney can be crucial for getting what you deserve. Here’s how an attorney can help:

Handle all the legal aspects of your case

Gather and organize evidence to build a strong case

Communicate and negotiate with insurance companies

Level the playing field and advocate strongly for your rights

Take your case to trial and fight for maximum compensation

Most importantly, hiring an attorney to handle your case from beginning to end allows you to focus on your recovery and well-being.

Ready to speak to a lawyer? Get started today and fill out the form on this page.

Frequently Asked Questions

How long your lawsuit takes can be challenging to determine at the outset. The length of your case depends on various factors, including the following:
- The extent of your injuries and damages
- The willingness of both parties to settle
- Whether fault for the accident is clear
- A court’s caseload
Generally, cases moving to trial can take a year or more to resolve, while an out-of-court settlement can be much quicker.
There is no average settlement amount, as no two accidents are the same. Settlements can vary significantly and range from a few thousand dollars to several hundred thousand dollars and more.

What you could recover will depend on the scope of your injuries, insurance coverage and state laws. An attorney can evaluate your case and determine a fair motorcycle accident settlement.
Your private health insurance plan should cover treatment for your motorcycle accident injuries. However, the exact details of your coverage depend on your policy and provider. Your insurance may not cover all expenses, such as physical therapy or long-term care. You’ll also be responsible for any co-pays or deductibles.

Remember, if another party is responsible for the accident, their insurance company may be responsible for reimbursing your medical expenses.
Failing to wear a helmet doesn’t prohibit you from filing an insurance claim or lawsuit. However, it could impact your case’s outcome. For example, if you claim damages for a brain injury that a helmet could have prevented, a court may assign you some fault for your injury. This could reduce your compensation.

For example, if a court assigns you 30% responsibility for your injuries, and you have $100,000 in damages, you may only recover $70,000 (70%) in damages.
Most motorcycle accident lawyers work on a contingency fee basis, meaning they only get paid if and when you win. Contingency fees vary from one attorney to another and can amount to one-third or more of the final settlement or court award.

However, some attorneys charge hourly rates or retainers, meaning you could be responsible for fees whether you win or lose your case. Therefore, clarify the fee structure with your lawyer before hiring them.