Causes of motorcycle accidents can stem from dangerous driving (by motorists), thoughtless pedestrian accidents (like entering the roadway in front of a rider), dangerous roads, defective vehicles or motorcycles, and other hazards. Ironically, motorcycle riders are often portrayed as risky by nature because factors totally outside their control often cause motorcycle accidents.
When you or a loved one suffer injuries in a motorcycle accident, determining the cause is one of the most urgent priorities. However, your attention should be on your recovery. Hire a Augusta motorcycle accident lawyer to determine who caused your collision and negotiate a settlement or fight for a verdict at trial.
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Causes of Motorcycle Accidents (Which You Can Sue or File a Claim For)
Roads and vehicles are complex, and there is an endless list of hazards that can lead to motorcycle accidents. Some hazards are especially common, though, and they include:
Motorist Errors
Motorists are the greatest threat to riders. When someone has control of a multi-thousand-pound vehicle that can drive over 100 miles per hour, they have an immense responsibility—a duty that millions of motorists fail to fulfill each year.
Motorists endanger motorcyclists (and others) when they:
- Speed, which is one of the most common prerequisites for traffic accidents
- Tailgate
- Fail to check blind spots (which is especially dangerous considering that motorcycles are harder to see than other larger vehicles)
- Run through red lights
- Proceed through stop signs and yield signs without stopping
- Drive while distracted
- Engage in any other act that increases the odds of a collision
Because motorcycles have few safety features, riders face a greater risk than most when a motorist engages in careless or reckless actions. This is one reason why riders are overrepresented in fatal accident stats.
Vehicle and Motorcycle Defects
Vehicles and motorcycles themselves can be hazardous. Defects can result from:
- An unsafe design
- Use of poor materials in the assembly of the vehicle or motorcycle
- Improper assembly
- Failure to inspect a vehicle or motorcycle (by the manufacturer or seller)
- Neglect by the vehicle owner
The nature and cause of a defect will determine who is financially responsible for a resulting motorcycle accident. You can sue any vehicle owner, manufacturer, seller, or other party whose negligence contributed to your accident.
Dangerous Roads
American roads are often in poor condition. Municipalities and federal bodies are often responsible for these hazardous roads, which become dangerous when there are:
- A failure to address weather-related hazards, including icing roads
- Potholes
- Large cracks and fissures
- Uneven driving surfaces, which can result from ineffective or incomplete paving efforts
- Debris in the road
The White House has described American roads as “crumbling.” Roads are also often under construction, chaotic, and unsafe for operation. When such dangerous driving conditions lead to accidents, victims can sue any municipality responsible for the unsafe conditions.
Dangerous Driving Conditions
Imperfections on the road (like potholes) are not the only environmental factor that can lead to motorcycle accidents. Other road-related hazards that municipalities are often liable for include:
- Dangerous construction zones
- Absent or defective traffic signals
- Absent or defective signage
- Intrusive barriers, absent where they should be or otherwise dangerous
If any road-related condition contributed to your motorcycle accident, a motorcycle accident lawyer will file an insurance claim or sue a liable party.
Negligence by Pedestrians
Pedestrians must know that if they enter the road, motorists and riders will try to avoid striking them. It also means that when any pedestrian walks or runs into the street when vehicles or riders are coming, they may cause an accident if those incomers:
- Swerve to avoid a collision with the pedestrian
- Brake to avoid hitting the pedestrian (in which case other vehicles might hit them from the rear)
- Lose control of their vehicle as they attempt to avoid the pedestrian
Your motorcycle accident lawyer may sue any pedestrian who caused your accident. You can also file a claim with the pedestrian’s auto insurance provider.
Who Is Liable for My Motorcycle Accident?
One of your lawyer’s many responsibilities will be establishing liability for your accident, including all damages resulting from the accident. Some of the potential defendants your lawyer will have their eye on include:
- One or more motorists
- A motor vehicle or motorcycle manufacturer (in the case that a defect contributed to the collision)
- A pedestrian
- A municipality
Insurance companies may cover one or all of these kinds of defendants. There are also complex cases where unexpected parties become liable. For example, when a bar overserves a patron and that patron proceeds to cause a drunk-driving accident involving a motorcyclist, the bar may be liable in a lawsuit for insurance settlements.
Attorneys understand liability and fault at a depth that you probably do not. Allow your lawyer to determine who is financially responsible for your damages.
When Should I Hire a Motorcycle Accident Attorney?
You should hire your motorcycle accident lawyer without delay. So long as you are not in imminent danger (meaning you have received any urgent medical attention you need), it is time to find your lawyer.
Waiting to hire your motorcycle accident attorney can:
- Weaken your case: Every second matters when building an insurance claim or motorcycle accident lawsuit. If you hesitate before hiring a lawyer, an eyewitness’ memory of the accident might become murky. Necessary video evidence can be erased. Don’t wait to retain your lawyer so they can build the strongest case possible.
- Allow liable parties to violate your rights: One of a lawyer’s most pivotal duties is protecting you. Every second you are without a motorcycle accident attorney, you are vulnerable to an insurance company (or other liable party) breaching your rights. From coercing you into making harmful statements to pressuring you to accept a lowball settlement, there are countless ways for liable parties to mistreat you.
- Cause the statute of limitations to expire: You may need to sue one or more liable parties, but you will likely have a deadline for filing suit. Therefore, waiting to hire an attorney can cause the filing deadline (known as the statute of limitations) to pass, in which case you may lose a critical path to compensation.
- Expose you to unnecessary stress (when you should be resting): Many clients speak about the relief they feel when a lawyer takes on their case. For this reason, you may face stress until you hire your motorcycle accident attorney.
There are many reasons to hire your lawyer immediately and just as many reasons why waiting can negatively affect your case.
Can I Afford to Hire a Lawyer?
Every rider injured in an accident and every loved one affected by a fatal accident can afford to hire an attorney. Motorcycle accident lawyers typically offer clients a contingency-based fee, which means:
- Clients don’t pay the law firm an upfront fee.
- The law firm pays expert fees, filing costs, transportation costs, and all other case-related costs.
- Rather than receiving a guaranteed fee, the attorney receives a percentage of any settlement or verdict they secure for the client.
- If the lawyer does not secure payment for the client, they don’t receive a fee.
Because the motorcycle accident lawyer pays the case cost, you won’t face any direct financial costs when you hire an attorney. It means everyone can afford to hire an attorney, even under great financial stress.
Services Your Lawyer Will Perform (and Benefits They’ll Provide)
Hiring a personal injury lawyer can be a life-changing decision, and many injured riders are glad they hired an attorney because:
- Lawyers have experience that clients typically lack: Experience is always a plus in any venture, and insurance claims and lawsuits are no exception. An attorney’s history investigating motorcycle accidents, valuing damages, negotiating settlements, and completing lawsuits will benefit you as a client.
- A law firm’s resources are valuable: Some people think that when they hire a motorcycle accident lawyer, all they get is the lawyer’s efforts—this isn’t the case. In addition to the attorneys’ valuable legal services, the client gets the help of investigators, paralegals, and other support staff. Your attorney may also hire experts to play a critical role in your claim or lawsuit.
- A lawyer’s assistance may benefit your well-being: A motorcycle accident can make your life chaotic. You may simplify things by focusing on your health. By passing the responsibilities of a claim or lawsuit to an attorney, you can put your recovery first.
These are a few reasons you may hire a motorcycle accident attorney to represent you following the collision. There are also the many duties your attorney will perform for you, which include:
Dealing with Insurance Companies
Most accident victims know that contacting insurance companies is a time-sensitive priority. However, many injured motorcycle riders may not realize that insurance companies:
- Have financial motivations that often work against the claimant
- Often act in bad faith as they try to avoid financial losses (by avoiding paying compensation to accident victims)
- Present lowball settlement offers shortly after the accident, hoping the claimant will accept and free the insurance company from further financial liability
Insurers may also deny your claim, delay the claims process, and place other roadblocks in front of your claim. An experienced motorcycle accident attorney will deftly navigate these roadblocks and protect your best interests.
Documenting Your Accident
Lawyers prove negligence by securing evidence related to the motorcycle accident. Some types of evidence that may help your lawyer include:
- Traffic camera footage, security camera footage, and other types of video
- An expert’s digital reconstruction of the motorcycle accident
- Eyewitness testimony
- The police report from the accident
- Pictures of damage to your motorcycle and other vehicles involved in the accident
Some accident types often involve additional types of evidence. For example, if a drunk driver hits a motorcyclist, a copy of a breathalyzer test report can be relevant to your case. Your attorney will immediately investigate your collision and incorporate all valuable evidence into your case.
Obtaining Detailed Proof of Your Damages
Liable parties are not typically eager to pay compensation to injured riders, even if they know it’s their obligation to do so. Therefore, your lawyer will gather irrefutable proof of your damages, making for a stronger negotiating position.
Some documentation your lawyer may use to prove your damages include:
- All medical bills resulting from the motorcycle collision
- Medical images
- Bank statements proving the income you’ve lost because of the accident
- Invoices for repairing your vehicle or replacing your vehicle
- Diagnoses from a mental health professional (who may detail post-traumatic stress disorder, sleep disorders, anxiety, depression, and other conditions)
Every injured rider has different damages. Your lawyer will create a personalized record complete with proof of your damages.
Proving the Cost of Your Accident-Related Damages
Once your attorney has identified and detailed your damages, they will calculate those damages’ values and establish the total value of your case.
Seeking a Fair Settlement for You
While your lawyer will oversee many responsibilities, their big-picture responsibility is obtaining fair compensation for your damages. Negotiating a fair settlement is the most efficient and common way for lawyers to get fair compensation for injured riders.
If you and your attorney decide that filing a lawsuit (and possibly going to trial) is the best course of action, your lawyer will lead you through every step of the legal process.
Damages Often Included in Motorcycle Accident Cases
Attorneys are careful when calculating their clients’ damages, as they must seek fair compensation for:
- Medical bills
- Pain and suffering
- Mental health services
- Lost income
- Diminished earning power
- Motorcycle repairs
- The cost of replacing a totaled motorcycle
- All other accident-related damages
If you have lost a loved one because of a fatal collision, a wrongful death attorney will lead a lawsuit in pursuit of fair compensation.
Do not wait any longer to hire your personal injury attorney in Augusta. They may not have long to obtain crucial evidence and file a lawsuit, so research lawyers in your area and hire a qualified firm today. Your motorcycle accident lawyer will not only assist you in meeting the legal deadlines but also provide expert guidance, support, and advocacy throughout the entire process.