Motorcycle Cases in 2022

Motorcycle accidents in the United States have increased at alarming rates over the last decade. To put things into perspective, recent studies show that nationwide motorcycle accident deaths have risen by 20%.

At Morgan and Morgan, we understand the pain of getting injured or losing a loved one due to motorcycle accidents. That is why we have been fighting for victims of motorcycle accidents since 1988.

You can check out our most recent motorcycle cases in 2022 here.

What Are Some Common Causes of Motorcycle Accidents?

While motorcycle accidents occur due to various reasons, the following are quite common:

• Tailgating motorcycle drivers
• Distracted driving
• Speeding
• Opening car doors on the path of oncoming motorcycles
• Abrupt lane change
• Right of way mistakes
• Defective motorcycles
• Bad road conditions

I Was Injured in a Motorcycle Accident — Can I Sue?

Yes, you may be able to file a motorcycle accident lawsuit if you or your loved one were injured or even killed in such an accident. However, you must have legal grounds to file such a lawsuit.

At Morgan and Morgan, we can review your case for free and let you know whether you have legal grounds to file such a lawsuit. You may be able to sue if the other driver:

• was speeding, leading to the accident;
• failed to yield the right of way;
• as driving recklessly;
• was distracted; or
• did not obey traffic laws.

What Damages Can I Collect After a Motorcycle Accident?

Suppose you have a valid motorcycle accident claim. In that case, you may be able to collect damages such as:

Medical Bills

This includes every medical expense deriving from the accident's aftermath. Examples include the cost of surgeries, hospital stays, rehabilitation, medical equipment, and medication.

Lost Wages

You can collect lost wages if you cannot work due to the injuries sustained. However, to collect these damages, you must provide proof of your previous earnings, such as pay stubs and bank statements. Keep in mind that under this category of economic damages, you can also claim future medical expenses.

Loss of Earning Capacity

You may be able to file this claim if the accident limited your earning capacity. For example, if you suffered career-ending injuries, you could claim compensation for what you would have earned had it not been for the accident.

Pain and Suffering

Injuries from motorcycle accidents are usually severe, which is why you can file a pain and suffering claim if you got injured in a motorcycle accident and suffered significant injuries.

Loss of Quality of Life

For many victims, life after a motorcycle accident is never the same. We have handled cases where accident victims are unable to walk again. Others are no longer able to participate in activities they previously enjoyed. A loss of quality of life claim helps compensate the victim if they can no longer enjoy the things they used to due to the accident.

What Are Some Common Injuries Caused by Motorcycle Accidents?

Motorcycle accidents have some of the most severe injuries we have witnessed. The most unfortunate thing about these injuries is that most of them are long-term. Although some victims are able to recover, they are never the same after that.

Some common motorcycle accident injuries include:

Traumatic Brain Injuries

Also known as TBI, this injury occurs due to a violent blow to the head. Severe cases of TBI can lead to loss of speech, memory cognition, or even balance.

Post Traumatic Stress Disorder

Many victims of motorcycle accidents suffer from PTSD. Some common signs of PTSD caused by motorcycle accidents include anxiety, panic attacks, nightmares, and flashbacks.

Amputations

Some motorcycle accident victims might need amputation to save their lives. As a result, such individuals are never the same again due to limited bodily functions. Most end up needing caregivers to assist with their activities of daily living for the rest of their lives.

Internal Bleeding

The worst thing about internal bleeding is that they rarely show any signs or symptoms. In fact, the only time these symptoms will begin to show is when the problem has worsened. Internal bleeding can lead to blood clots in the veins, blocking oxygen flow to the brain. When that happens, the individual could go into a coma, suffer permanent brain damage, or even lose their life.

Broken Bones

Many people are lucky to survive motorcycle accidents without broken bones. This injury usually requires reconstructive surgeries, which are invasive and painful.

How Much Is My Motorcycle Accident Lawsuit Worth?

The actual value of your motorcycle accident lawsuit will depend on the specifics of the accident, the nature of your injuries, the other driver's conduct, and the jurisdiction. Here's a brief explanation of these four factors the judge or jury will consider when determining the most reasonable settlement.

When examining the specifics of the case, the court will want to find out how exactly the accident occurred. Some accidents are more straightforward than others. For example, if the other driver was distracted by their mobile phone, causing the accident, such a case is straightforward. On the other hand, if both drivers switched lanes at the same time and collided with each other, the court would want to dig deeper into the specifics of the case to determine the party at fault.

Speaking of the nature of the injuries, severe injuries could mean more compensation. However, it is important to note that this will also depend on the details of the case. For example, the plaintiff could potentially recover partial compensation even if they suffered severe injuries requiring multiple surgeries.

This is why the jurisdiction matters. Some states do not allow accident victims to recover any compensation if they are partly at fault for the accident. Others only allow them to recover compensation based on their percentage of fault. For example, if they were 20% responsible for the accident, they could only recover 80% of the settlement amount. Other states allow plaintiffs to recover compensation if they are less than 50 or 51 percent liable for the accident.

At Morgan and Morgan, our motorcycle accident attorneys can help you understand the settlement amount you may be able to recover. Of course, this is after reviewing your case and getting all the facts right.

Who Will Pay for My Medical Expenses?

In most cases, your own insurance provider will pay for your medical expenses but only up to a certain limit, per the terms of your policy. This mostly happens if you live in a no-fault state like Florida, Hawaii, Kansas, Kentucky, or Michigan. If your medical expenses exceed your insurance coverage, you will need to file a claim with the other driver's insurance company to settle the remainder of the bill.

The issue of who pays your medical bills can be complicated, depending on the nature of the accident. For example, if more than two vehicles are involved in the accident, it may be challenging to know who to sue. The same applies if the accident occurred due to a motorcycle defect and the other driver's negligence. This could mean that more than one party might be responsible.

Again, contact Morgan and Morgan for a free case evaluation. After reviewing your case and determining its validity, you will understand your legal options.

What Are Some Possible Defenses in a Motorcycle Accident Case?

The other party's insurer will not write you a blank check just because you got injured in an accident caused by their insurer. Rather, they will likely explore available defenses to free themselves from liability or share it with you.

Some common defenses in a motorcycle accident case include:

The driver's action contributed to the accident. This defense could mean sharing responsibility for the accident if proven to be true. It could also mean that you, the plaintiff, can only recover a portion of the total settlement. Also, as mentioned earlier, some states will not allow you to recover anything if you are even 1% responsible for the accident.

The statute of limitations has expired. Each personal injury case has a statute of limitations. When this statute expires, you automatically lose your right to take legal action against the other party.

The other party is not at fault for the accident. When the other party uses such a defense, it will be your responsibility to prove them wrong. In other words, you will carry the 'burden of proof.' 

Do I Need a Motorcycle Accident Attorney?

Although you can file a motorcycle accident claim or lawsuit on your own, having an attorney significantly increases your chances of obtaining favorable results.

Motorcycle accident cases are complex. The last thing you want is to deal with insurance companies while nursing your injuries. It is even worse if you lost a loved one in an accident. While you would expect the insurance provider to be sympathetic and not frustrate your efforts to collect the settlement you need and deserve, that is not always the case.

Most of the insurance companies we have dealt with only care when they are losing money in the form of compensation. This can be heartbreaking to injury victims and their families.

At Morgan and Morgan, we know how frustrating it is when dealing with insurance companies, especially when nursing injuries or grieving a loved one. At such a time, you need people who genuinely care about your best interests, not anything less. That is why we are here to help carry this burden for you.

What Should I Look for in a Motorcycle Accident Attorney?

When looking for motorcycle accident lawyers, it is important that you hire only the best in this field. Here are some key factors to consider.

Reputation

What do other clients say about that particular attorney or law firm? You can obtain this information by reading their reviews. For instance, at Morgan and Morgan, we have over 25,000 5-star reviews on Google.

Resources

Does the law firm or attorney have access to powerful legal resources to fight for you? If they do not, you will need to look somewhere else.

Results

Can the law firm or attorney prove their experience handling these cases? For example, do they have any records of similar cases they have won?

Experience

How long has the law firm or attorney been practicing personal injury law? And do they specialize in motorcycle cases?

How Can Morgan and Morgan Help?

Hiring a Morgan and Morgan motorcycle accident attorney to represent you sends a strong statement to the defendant that you are serious about your claim. This is because we are the largest and most powerful personal injury law firm in the United States.

Our law firm consists of an army of over 800 attorneys who handle different kinds of cases. So if you are looking for an attorney experienced in handling motorcycle accident cases, we might be able to help.

Earlier, we mentioned that it is important to determine whether the attorney or law firm can prove their experience in this field. Morgan and Morgan has been fighting for the rights of injury victims from coast to coast for over 30 years. We have also helped our clients recover more than $13 billion as compensation for various injuries, including those caused by motorcycle accidents.

Experienced Motorcycle Accident Attorneys Ready to Fight for You 

Injured in a motorcycle accident? Lost a loved one? The insurance company won't pay? Contact Morgan and Morgan for a free case evaluation. We might be able to fight for you.