You have landed on this page searching for some motorcycle crash settlement examples. These practical cases will enrich your mind with the law’s potential issues and the basic concept of a motorcycle crash settlement.
I previously had a motorcycle accident, which happened with plenty of our motorcyclist community members. That is why I know the exact, realistic information and am willing to share the details in this article.
Take a cup of tea, sit back, and get started reading this article so you can be aware of a Motorcycle Crash Settlement and other related issues.
For your concern, I’ll explain all the details about motorcycle accidents, starting with compensation, insurance, lawsuit, and other complications.
One of the motorcycle crash settlement examples I have gone through personally.
The time was Jan 05, 2017. I was the motorcyclist going through Ocean drive at around 213 mph (342.79 km/h).
For your information, Florida is known as a state of avid motorcyclists. It is one of the highest motorcycle registration-containing states.
Anyway, a motorcycle accident is ordinary across the roads with plenty of motorcycles in the state. In 2017, almost 585,000 accidents occurred in the heart of Florida. More than 600 motorcycle-related accident deaths occurred there, and 8,256 drivers suffered in 2016, the highest.
Let’s get back to my accident story. So, while I was driving, My gear shifter suddenly wasn’t working all of a sudden. I looked down for a bit to find out any visible error. Unfortunately, a jaywalker appeared before me in that short time, jumping, and I lost control out of panic. Sadly, I ran over him, and in just a matter of moments, he fainted and was seriously injured. The pedestrians’ chances of surviving the motorcycle accident were still high.
I fell apart from my bike and got hurt in my chest, hands, and feet. Let’s not describe the injury because of blood-related words.
I have gone through unbearable motorcycle accident pain and suffering for about three weeks. Then, I was able to return home and work.
Remember that some Motorcycle Crash Settlement Examples as information won’t help you get a clear concept. That’s why I will explain every issue I have faced in getting insurance.
Who was at fault, the biker or the pedestrian?
Before going into the discussion, I would like my readers to rationally judge who was at fault between the driver and pedestrian in the occurrence above. It may help your IQ level.
Now match your assumption with the consequence.
Okay, so both the pedestrian and biker were literally at fault. Let me explain how.
Firstly, I already mentioned that I was unaware of the happenings before me due to the sudden error at my gear shifter, although it was a short period.
Secondly, I have mentioned the pedestrian as a jaywalker. He suddenly jumped in front of me without maintaining the traffic rules properly.
The pedestrian is at fault for jumping on the street suddenly, and I’m at fault for my distraction while driving. But comparatively, the pedestrians’ degree of responsibility is higher than mine.
What happened after the accident?
After the accident, I was fortunately conscious. I called the police and medical emergency, and the police appeared in minutes. Then, we both got hospitalized.
I could have run away, called my friends or dearer ones, or tried. But a law strictly handles “hit and runs” cases. The consequence can be dangerous for such claims by the civil court due to disregarding others’ life.
Then, the injured party filed a case against me, and I did the same. I was eligible for a personal injury claim.
Have I got insurance?
I got the average compensation for a motorcycle accident that most people usually get. But the path was long and hard enough!
Let’s jump into the story of getting my insurance like that jaywalker who jumped in front of me and caused me to write today’s report.
I knew I had to send a notice to the insurance company within two years of the date of loss. Otherwise, I can’t take legal action if anything unexpected occurs. Every state has a time limit for insurance claims, which varies. Remember, you have to efficiently handle the motorcycle insurance claim process to increase the chances of getting a fair settlement.
So, I sent a notice to the insurance carrier. They tried their best to make a settlement that was too low. Insurance companies exist to do business, and they won’t just pay off anyone who comes to them seeking insurance. In my case, they tried to label me as a reckless driver, tried to convince me, and even scammed me!
My only choice was to contact an attorney.
I wasn’t an expert in statutes, nor did I know how to handle the lawsuit filed by the injured party. Even though some people prefer fighting accident cases independently (they must be experts), I was financially capable of hiring an attorney hoping to get insurance.
Moreover, I learned from the consultancy that all expenses related to the accident, including attorney hiring costs, are included in the insurance.
I hired an attorney with eight years+ of experience and a positive record.
As soon as I hired the attorney, the insurance company got a red signal that I was serious about the matter. A lawyer is an expert at taking legal steps. He is smart enough not to let you fall into any trap. An attorney would provide you with the crucial instructions and act according to necessity and the carrier’s behavior.
From filing a case, collecting evidence, and making the required steps, he helped me very well.
My settlement with the insurance company
So, finally, my lawyer proved my innocence in court to a certain degree as the accident would not have happened if the jaywalker hadn’t appeared suddenly after me and if my driving was okay.
Then, fortunately, I finally got the required compensation that later covered all of my accident-related expenses. The payment Includes a medical bill, loss of wages, attorney hiring expenses, and vehicle injury losses.
Although it’s my personal information, I won’t hesitate to say how much I got compensation. In total, the amount was $12,000. More specifically, the expenses are 56% medical bills, 13% motorcycle repairing costs, 20% attorney related, and 11% loss of wages. The average compensation for Motorcycle Crash Settlement Examples is between $10,000 and $35,000.
It isn’t over! The injured party has also filed a case against me!
This challenge was easy for us to overcome. The court proved that both of us were liable to a certain degree. Then the court obliged us both to compensate the opposite party with the given amount by the court.
I compensated the opposite party with $4000, and they refunded me $2900 as my compensation. Which means I had to pay them $1200 from my balance.
My license was about to get revoked for about six months, but my reliable attorney somehow proved my innocence and got me the lenient consequence. I could not have done everything if my lawyer hadn’t been by my side.
How does an attorney help to get you a satisfactory settlement?
Okay, look, I’m not marketing lawyers to get commissions. I won’t even refer to a lawyer at the end of this article who would pay me for every call that they get from this article.
Honestly, you do need a lawyer if you want to maximize your insurance. Insurance companies nowadays train professionals to handle insurance cases and get rid of the victim with the lowest settlement.
In this case, lawyers are a great choice. If you’re someone like me who doesn’t know the laws, the techniques, procedures, and other stuff, don’t be afraid of the hiring cost of a lawyer. If you strongly believe an accident happened not because of your fault, you should take legal action.
Recent motorcycle crash settlement examples.
Don’t assume you’d get insurance quickly. Everyone wants a satisfactory settlement after facing a motorcycle or other vehicle accident. Take a look at the bigger picture below!
The picture clearly shows that 38.4% of people could not get any settlement. But don’t worry. I’ll show you how to achieve the maximum amount of compensation you deserve.
Most people among 38.4% of insurance seekers have made these mistakes or were at 100% fault. We will discuss these mistakes further below.
Another Motorcycle Crash Settlement Example of my friend
This tragedy happened with my closest friend. We were friends together in our biking community. Sadly, he lost the case and compensated the injured party, although he was at no fault, literally no responsibility! He made some silly mistakes after the accident. Let’s discuss the matter in detail.
How did the accident happen?
While driving alone on his motorbike, a vehicle hit him behind, losing control. As a result, he fell and got seriously injured. But that damn car who caused the accident ran away! It is the worse Motorcycle Crash Settlement Example in this article!
The police immediately took him to the hospital and shipped the bike to the police station.
He got panicked and was misguiding the police. For example, he apologized to the police out of panic although he was at no fault!
Note: keep in mind to stay calm and tell as many facts as possible to the police after an accident. Take time to think if necessary but don’t get panicked!
He even did not get any insurance!
yes, In this Motorcycle Crash Settlement Example
So, he sent a notice to the insurance company and made a personal injury claim. As expected, the insurance carrier denied his claim labeling him as reckless. He hired an experienced attorney to take legal steps against the insurance provider.
But unfortunately, he had no proof of the other vehicle hitting him! There was no CCTV, no evidence of the accident that occurred by another car. Although multiple witnesses surrounded him at the venue, they got away later.
You can check more: What happens if you accidentally run someone over?
That was a challenging experience. My friend couldn’t even file a case against the opposite party because he didn’t notice the number of other criminal vehicles!
As a result, he had to pay all the accident-related expenses and bills from his pocket!
What mistakes has he made?
The reality is he was very innocent! He never thought about these things and was unaware of the steps he might need to perform!
But if you’re also unaware of what you must do after an accident to gather evidence, follow the guidelines below.
These instructions are must perform tasks after a motorcycle accident.
Look for personal injury.
Check to see if you have got any injuries within your body. Sometimes a few injuries don’t appear instantly, and you may lack treatment. These injuries include leg joint and breathing-related problems.
If you notice any injury, call the medical emergency at first. Most importantly, if you’re okay with hitting someone, try to move the unconscious person and contact a medical emergency ASAP.
NOTE: If you fail to move the unconscious person or prove that you disregarded others’ lives, the court can charge you with severe cases.
Gather as much evidence as possible!
Your second task is to gather as much evidence as you can. When the police appear, tell the facts you have faced.
Follow these three things after an accident happens:
- Take pictures using your smartphone or camera — take photos of the car, your injury, the pedestrian, or the vehicle that hit you. Remember, even any miniature fact can be crucial evidence to the court.
- Don’t even think of hit and run! — If you do this and get caught, things will get worse! You won’t be eligible for any lenient consequence.
- Contact information from witnesses — Government officials and judges see witnesses with significance. Take contact information from all the witnesses.
If you don’t have enough information and evidence, your case will be light to the civil court and the lawyer. So, try staying conscious and honest while driving on the road.
Settlement After a Motorcycle Accident Claim
After being involved in a motorcycle accident, you’re not sure what to do next? Find out what to expect in a motorcycle accident settlement and how you can get the best compensation possible. The path isn’t much trouble if you read this article with care. We have talked with lawyers, insurance carriers, and accident victims to understand the reality of motorcycle accident claims.
You’ll get fully clarified regarding the average settlement of motorcycle accidents. Plus, we’ll discuss the circumstances in which you can expect to make a reasonable settlement.
Here are some top tips for getting the treatment you need and deserve that you won’t want to miss.
Filing a Claim
When you’re seeking Connecticut motorcycle accident help, you’ll have to prove two things: how much the damages are and that the other party caused the accident.
When you can prove the other driver was at fault, they will have to pay for all damages. In this case, the insurance company might approve your claim and pay you.
You may wonder if you will qualify for compensation if you seek motorcycle accident legal assistance. There’s a chance you’re out of work due to a severe injury.
When someone is negligent in Connecticut, they will be held liable for your injuries. There can be a loss of quality of life, lost income, property damage, and medical expenses associated with these types of injuries.
- Drinking and driving
- Not yielding
- Distracted driving
Is it necessary to hire an attorney?
If you are involved in a motorcycle accident, you may need legal help to get the compensation you deserve. When you speak with an experienced and qualified vehicle accident attorney, you can learn what compensation will likely be available.
Documentation of injuries
If you can, take pictures of the accident scene and note any information about the other driver. Keep a record of your injuries. If you seek treatment for your injuries, you’ll demonstrate a desire to get better. That could prove helpful when you file a claim for medical bills.
When does a claim get settled?
When you need help after a motorcycle accident in Connecticut, you can usually get it within a few months. It would help if you also remembered that this would depend on your case’s complexity. A lawyer can help speed up choosing one for your case. A substantial settlement can also be more likely with the help of a lawyer.
You should record all injuries and medical bills you face and give them to your attorney.
Negotiating Before Trial
There’s a high chance the other driver wants to reach an agreement before court. While this may seem appealing, it’s not always the most effective way to resolve the situation.
The option is always to take them to court and receive more than they offer. Make sure you discuss your options with a motorcycle accident lawyer.
You can discuss your options with your attorney, but remember that only a settlement can determine the actual payment and compensation. You are more likely to receive compensation if you show that the other driver was negligent.
It is not uncommon to lose income because of a severe injury. You should also keep track of lost wages due to your injury, in addition to medical bills.
It’s not uncommon for cases to be resolved through alternative dispute resolution. A neutral third party is involved in providing more knowledge about how the jury or judge may respond. A mediation session outside of court may take a few hours up to several days. As a result, the accident claim may get resolved, and the lawsuit will vanish.
What Should You Do After a Motorcycle Accident?
You should ask for the other driver’s insurance information and contact the police if possible. You should file a police report for any property damage.
- Be Safe
- Seek Medical Help
- Speak With Witnesses
- Stay Calm
- Contact Insurance
- Don’t Admit fault
- Contact an Attorney
An exploration of motorcycle accident settlements
After learning more about motorcycle accident settlements, you should understand the process better. What is the next step? If you’ve recently been in a motorcycle or other vehicle accident and don’t know what to do, what is the next step?
Understanding the settlement process can be easier if you consult an attorney.
Motorcycle accidents cause extensive damage – to your body, your motorcycle, and perhaps even your ability to work and support yourself and your family. You might receive a prompt and courteous settlement offer from the at-fault driver’s insurance company at this difficult time.
It might seem as though this settlement covers all immediate costs associated with the accident, including your medical bills and motorcycle repair costs. Even though accepting this settlement might seem like an easy solution, getting it prevents you from suing the at-fault party for additional damages in the future.
Although you realize that the compensation does not cover all your losses, you waive your right to seek additional funds. Please contact an experienced motorcycle accident lawyer to discuss how we can assist you.
What Is the Responsibility for Your Injuries?
Any party responsible for your injuries can be held accountable for your damages if injured in an accident. Generally, when it comes to driving, violating traffic laws and rules and exercising caution is what makes someone liable for your injuries.
You should be held responsible for the losses you suffer when a vehicle violates the road rules and crashes into your motorcycle. Unfortunately, this is not always the case. In the case of a driver employed, the employer should also be liable.
The situation may be more complex when your motorcycle crashes because of a malfunction rather than another driver. When a bike part is defective, malfunctions might occur. If this is the case, the manufacturer of the wrong part should be held responsible.
A construction crew or agency that left the obstacle in the road that caused you to crash is liable if you are hit due to having to swerve around it. As you can see, many different parties or entities could be held responsible. If you seek settlements from all of them, you can ensure that your financial recovery covers your loss.
Settlements are affected by the extent of your injuries
One of the most critical factors determining a fair compensation is the extent of your injuries. A higher payment is typically associated with a more severe injury. Injuries that cause more heartbreaking losses, such as lost income or pain and suffering, result in higher medical bills.
Motorcycling accidents regularly cause catastrophic injuries, such as:
- TBI (traumatic brain injury)
- Paralysis caused by spinal cord injury
- Crushing injuries and amputations
- Damage to internal organs
- Your lawyer will consider all these when beginning settlement negotiations because they can result in extensive losses.
Your Settlement Should Include Future Losses
If you receive a settlement offer immediately from an insurance company, it probably only addresses your medical bills and lost income up to that point. However, motorcyclists often suffer severe injuries, and you can expect your losses to continue well into the future.
The fact that you have not yet incurred certain costs doesn’t mean that these should be available in your settlement demand and negotiations. Your attorney will know what future losses should be included in your settlement demand.
The future cost of medical care
Following a motorcycle accident, you may need ongoing medical treatment for years, if not for the rest of your life. Someone who suffers a paralyzing spinal injury may need wheelchairs, medical equipment, and treatment for possible infections or other complications.
While you do not have your medical bills to prove your losses, your attorney can work with medical experts to estimate the costs of your medical care throughout your life.
Loss of future earnings
Many serious injuries will affect your ability to earn income. A disability that limits your ability to work or prevents you from returning to work altogether will deprive you of income for the rest of your working life. The lawyer can consult trusted experts to estimate your future lost earnings, considering potential raises, inflation, bonuses, and other work value, such as sick days and vacation time.
With an experienced motorcycle accident attorney by your side who has handled similar cases, you will be able to include all the potential variables that could affect your future losses in your settlement.
Accounting of intangible losses
There are more than just financial losses for motorcycle accident victims, like medical bills and lost income.
Your case may involve many intangible losses, such as:
- Your injuries have caused you physical pain and suffering
- PTSD and other mental trauma caused by the accident or your injuries
- The loss of enjoyment of life
- Disfigurement permanent
- Disabilities or impairments that are permanent
- Consensus lost
Motorcycle accident lawyers know how to value these losses even though they don’t come with price tags. In any settlement, you must include these costs. Otherwise, you could be leaving out a lot of money.
Often, insurance companies use a simple multiplier method to calculate intangible damages, but this substantially underestimates the claim’s actual value.
Motorcycle accident lawyers are worth their weight in gold for your settlement.
The fees of accident attorneys depend on the settlement you receive from your claim. The answer is almost always yes, even if you think it might be hard to give up part of your settlement.
Conclusion: Final words
The settlement of a motorcycle accident is highly variable. You can’t just calculate compensation through random Motorcycle Crash Settlement Examples. State laws highly vary, and you must contact a law consultant or attorney for the bat advice.
If you think this article has helped you, please stay tuned and don’t hesitate to contact us for any personal or business inquiries. Please comment below if you have any queries regarding Motorcycle Crash Settlement Examples.