Motorcycle Accident Lawyers

Insurance companies and juries may have an unfair, preconceived bias that motorcyclists are inherently reckless, speed excessively, or are irresponsible. This negative stereotype can significantly affect the outcome of a personal injury claim. This bias can lead to the insurance adjuster offering low settlement amounts that do not cover the full extent of the victim's injuries, or it can lead to a jury placing too much blame (fault) on the rider. To successfully counter this bias, it is crucial to gather objective facts and concrete evidence. This evidence should include professional accident reconstruction reports, any available traffic camera videos of the event, and objective witness statements that clearly establish the other driver's fault.

Motorcyclists face a much higher risk of serious injury because they lack the protective frame and safety restraints of a standard car, which leads to a distinct set of recoverable damages. The lack of protection often results in severe injuries like extensive road rash, complicated broken bones that require multiple surgeries, spinal damage, and traumatic brain injuries (TBI). In an injury claim, you can seek compensation for extensive current and future medical treatments, including costly rehabilitation and specialized physical recovery. You can also recover lost pay and for losses that are harder to measure, such as permanent physical limitations, scarring, disfigurement, and ongoing pain and suffering that greatly impacts your quality of life.

No, not wearing a helmet does not automatically prevent you from recovering injury damages, but it can be used against you in court. In states with comparative negligence laws, like Nebraska and Iowa, the fact that you were not wearing a helmet can be used by the defense as a major argument. While it does not stop you from getting money for your overall claim, the insurance company may argue that your financial award should be lowered because your choice not to wear protective gear directly caused or worsened your head, face, and brain injuries. The jury could assign a percentage of fault to you for not wearing a helmet, which would then reduce your final compensation award based on the state’s negligence rules.

Immediately following a motorcycle accident, you must take several critical steps to protect your future legal rights. First, you must seek professional medical care right away, even if your injuries seem minor or you only feel soreness. This establishes a formal medical link between the crash and your injuries, which is essential for any claim. If your condition allows, take detailed photos of the road, skid marks, traffic signs, and vehicle damage before anything is moved. Be sure to get copies of the official police report and contact information from any witnesses. Finally, and most importantly, do not give any recorded statements or sign any documents provided by the insurance adjuster until you have consulted with a lawyer.