How to Hire the Best Motorcycle Accident Lawyer

Countless motorcyclists and advocates across the country join together every May for Motorcycle Safety Awareness Month to try to reduce accidents and injuries. Despite their best efforts, thousands of motorcyclists each year are the victims of motorcycle crashes.

If you or a loved one have been involved in a motorcycle accident, hiring the best motorcycle accident lawyer you can find is critical. Dealing with the injury or loss following a crash is hard enough without trying to get compensation from the insurance companies on your own. Hiring a lawyer with in-depth knowledge of the intricacies of riding can be the difference between a successful claim and losing.

The National Highway Traffic Safety Administration reports that 80% of motorcycle crashes result in injury or death compared to only 20% in passenger vehicles. Due to the increased severity of the injuries and complexity of the cases, it is recommended to contact a reputable motorcycle accident attorney as soon as possible. A good lawyer will help you regain a sense of control over your life as you attempt to recover from the fallout of the accident.

When Should You Hire a Motorcycle Accident Lawyer?

Unless the incident is extremely minor, it is advisable to hire a lawyer right away if you or someone you love has been involved in a motorcycle accident. A lawyer can guide you through each step of the process and help you avoid common mistakes.

You might think that being honest with the insurance company is enough to guarantee that you are covered. Unfortunately, this is not always the case. From the moment the accident happens, the insurance company’s team of lawyers will start working to reduce your claim or even deny you coverage.

The last thing you need after suffering an injury is to be worrying about your own words being used against you to undermine your legitimate claim. Hiring an experienced motorcycle accident lawyer will remove this stress from your life and allow you to focus on your recovery.

What Qualifications Should You Look for in Your Motorcycle Accident Lawyer?

Motorcycle accident law is a specialized field within the legal profession. While there are many great lawyers out there, the majority do not have specific experience in this area. Even an experienced car accident lawyer may not be a good choice, as motorcycle accidents can differ substantially.

Consider the following medical analogy to put this in perspective. If you needed major heart surgery, what type of doctor would you choose? A nationally respected heart surgeon who has performed thousands of procedures or a general practitioner? Generalist doctors and lawyers are highly skilled professionals who perform vital functions in their community, but when it comes to specialty cases where the stakes are high, go with specialized experience if you can find it.

Traits to look for:

• Have they handled motorcycle accident cases before?
• Good communication and willingness to explain the process to you.
• Do they have a track record of successful motorcycle accident injury claims?
• Will they work on a contingency fee (they only get paid if they are successful)?
• Do they have any reviews from past clients or peer reviews from other lawyers?

What you should avoid:

• A law firm with no history of successfully handling motorcycle accident claims.
• Poor communication – if they can’t handle a conversation with you about your case, this does not inspire confidence in their ability to negotiate with insurance companies.
• Someone who won’t explain the process to you – you’re dealing with enough stress as it is, you deserve trust and honest communication from your lawyer.
• Someone unsympathetic to what you are going through. You want a lawyer who sees you as an individual, someone who has just suffered an injury, and will make it their mission to fight for the compensation you deserve.

What Are the Benefits of Hiring a Motorcycle Accident Attorney?

The sooner you contact an attorney after your motorcycle accident, the better your chances are of filing a successful claim and getting the compensation you need. They can give you an honest assessment of whether you have a claim and what steps you need to take next.

What can a motorcycle accident attorney help me with?

• Determine if you have a valid legal claim to pursue.
• Gather any relevant records (medical treatment, medical and repair bills, insurance).
• Explain the language in the insurance policies.
• Negotiate with insurance companies on your behalf to maximize your settlement and potentially reduce your medical bills.
• Help you identify if the insurance company is giving you a low settlement offer.
• If there are additional claims to be filed such as product liability or wrongful death in the unfortunate event that you have lost a loved one, they can advise you on this.

While no lawyer can guarantee an outcome, a good motorcycle accident attorney can significantly improve your chances of a favorable outcome.

How Do I Know if I Have a Claim for a Motorcycle Accident?

There are many misconceptions about when a motorcyclist is at fault versus when the driver of the other vehicle is. In most situations, you will not have to pass an “injury threshold” test proving the severity of your injuries. You will have to prove fault which requires you to show that the other driver did not operate their vehicle in a reasonable manner.

We understand that this language can be vague and confusing so a good first step is to contact an experienced motorcycle accident attorney.

Figuring out if you have a claim to bring and how to prove it can be difficult. Even other lawyers who don’t specialize in motorcycle law might think there is no way to bring a successful claim if no contact occurred between the motorcycle that crashed and the other vehicle.

An experienced motorcycle attorney may be able to prove that the actions of the other driver were unreasonable and caused the motorcycle to crash even with no contact. Imagine a situation where you are riding at the speed limit going straight through an intersection but an oncoming driver fails to see you and takes a left turn. By turning left in front of you, they obstructed your right of way causing you to crash as you tried to avoid them.

Many accidents are not caused due to rider error but because the average driver fails to see the motorcycle or doesn’t understand riding techniques like adjusting your position within a lane to avoid debris or how quickly a bike can safely stop. You want a lawyer who can effectively communicate these situations and get the insurance companies to see the strength of your case.

What Should I Do if I Have Been in a Motorcycle Accident?

If you or a loved one have been in a motorcycle accident, you should attempt to do the following depending on the condition you are in:

• File a police accident report to establish that there was an incident. Record the license plate and name of the vehicle operator.
• If there are friendly witnesses, be sure that the officer records their information as you may need their statements to help prove your case.
• Take an ambulance to the hospital to receive medical treatment and establish a record of your injuries.
• Save your helmet and don’t wear it again, even if you don’t think you hit your head that hard. If you end up with a concussion or brain injury, you will want this as evidence.
• Avoid speaking to insurance company representatives or filling out forms until you have been advised by a lawyer.

It is unfortunate that you have to be so careful after you have already suffered an injury, but many people in the general public including insurance companies are often biased and assume the motorcyclist was at fault. Even something like reporting certain specific injuries on a form can be used against you if you happen to miss something or symptoms emerge later. They will make the argument that because you listed everything so specifically, and didn’t mention a certain injury, then this did not occur as a result of the accident.

Who Can Sue for a Motorcycle Accident?

The injured motorcyclist can bring suit against any parties involved (typically the other vehicle’s insurance company) or possibly bring a product liability suit if the accident was a result of a defective product (i.e., an inherent flaw in the braking system design that made it unreasonably dangerous).

In the unfortunate event of a motorcycle accident resulting in death, most states allow for a wrongful death case to be brought by a spouse, their children, the deceased parents, and in absence of any of the above, a representative of their estate.

Contacting a lawyer is the best way to determine who can sue for what depending on the circumstances of your case and the laws in your state.

Why Choose Morgan & Morgan to Be My Motorcycle Accident Lawyer?

Despite having grown to be a large firm, we always stay true to our beginnings and the reason we went into personal injury law—to protect the people. Our dedication to this extends to all people. Many people including potential members of a jury, the insurance company, and even other lawyers may have a negative view of motorcycles because they don't understand the culture and don't ride one themselves. In a situation where the deck is already stacked against you, having an experienced motorcycle attorney on your side who actually cares about riders and understands how terrifying and painful an accident can be is essential.

Motorcyclists have every legal right and protection to be on the road, same as anyone else. Many drivers and insurance companies don’t necessarily agree with this, and it can feel intimidating trying to make your claim alone.

At Morgan & Morgan, we have a reputation for not backing down from a case, and we have the resources and experience to see it through to the end. We also have a proven track record handling motorcycle accident claims, having secured judgments as high as $47,500,000 for a client who was the victim of a head-on collision with a drunk driver. While each case is unique and the amount recovered will vary depending on your individual circumstances, we promise to bring the same level of commitment to every client that we take on, big or small.

What are some advantages to hiring a large, experienced firm?

Morgan & Morgan has over 1,000 trial-ready attorneys and thousands of experienced team members supporting them. Having such a large group means that we have the experience and resources to handle any case as we’ve seen just about everything.

With motorcycle cases, having a specialist is particularly important as the insurance companies will do everything they can to discredit you and you need someone with the ability to stand up to them. We have an extensive network of investigators and expert witnesses who are prepared to help with the technical challenges of your motorcycle accident case. Whether it be accident recreation or medical damages assessments, you can rest easy knowing that we are handling your case so you can focus on your recovery.

Is it too expensive to hire a large firm like Morgan & Morgan?

After a motorcycle accident, the last thing you should have to worry about is how to pay for a good lawyer. We don’t charge anything upfront and we only get paid if we are successful in representing you.

We’re available 24/7 and happy to answer any questions you have about whether you might have a claim. Get in touch with us today and let us handle it from here.