Motorcycles offer exhilarating experiences for their riders, allowing them to embrace the open road and feel the wind in their faces. Whether they’re riding for fun or practical reasons, most motorbike users complete hundreds of trips each year. However, all this time spent on the road means riders face the possibility of accidents due to poor road conditions or careless actions from other drivers. If you or your loved one was involved in a motorcycle accident, securing reliable legal representation is crucial. An experienced motorcycle accident lawyer at Steinger, Greene & Feiner can help you navigate the complex legal landscape and understand your rights and options.
According to the National Highway Traffic Safety Administration, motorcyclists are particularly vulnerable on the roads. The lack of external protection and the size disparity between motorcycles and larger vehicles can result in catastrophic consequences for riders. Injuries for motorcycle accident victims can range from broken bones and road rash to traumatic brain injuries and spinal cord damage.
Our attorneys have a deep understanding of motorcycle law and the unique challenges faced by riders in accident cases. Our motorcycle accident lawyers can help you investigate damages and pursue a claim against negligent drivers to receive compensation for your injuries, damages, and any suffering. They will gather evidence, negotiate with insurance companies, and represent you in court if necessary, ensuring that your interests are protected and that you receive fair compensation for your losses.
Motorcycle accidents can be life-altering events, but with the right legal representation, you can increase your chances of obtaining justice and the financial support needed to recover and move on from the accident.
Understanding Motorcycle Accident Law
Due to the risky nature of motorcycle usage, various jurisdictions have specific laws guiding motorcycle operations. Steinger, Greene & Feiner work with victims in locations all over the map, so we understand the nuances that are unique to each region. Familiarity with state-specific laws is crucial for building a strong case in the event of a motorcycle accident because laws in a state like Texas may not apply in Florida, and vice versa.
For example, motorcyclists in the state of Florida can still claim compensation after an accident even when they are partially at fault. This law is known as the comparative negligence rule, and the compensation received will be reduced in line with the percentage of fault.
In Texas, the state has implemented a helmet law requiring all motorcycle riders and passengers to wear helmets that meet certain safety standards. This law, known as the Texas Motorcycle Helmet Law, is outlined in Section 661.003 of the Texas Transportation Code and is particularly relevant in motorcycle accident cases since it can determine liability. If a motorcycle rider was not wearing a helmet during an accident and suffered head injuries, their failure to comply with the helmet law could be considered contributory negligence, potentially reducing the amount of damages they recover.
Experienced motorcycle accident attorneys in each state will have an in-depth understanding of state-specific laws which can help increase the chances of victims receiving the maximum possible compensation for any injuries they’ve suffered following an injury.
As motorcycle accident laws differ from state to state, we also understand that motorcycle accidents differ from other vehicular accidents – particularly as a result of their composition. Motorcyclists are highly vulnerable since they don’t have the same protective enclosures around them that cars do. Additionally, the headlights of most motorcycles aren’t as strong as those of cars in low-visibility environments. Therefore, every motorcyclist faces especially serious injuries in the event of an accident.
Understanding these differences is crucial when it comes to handling motorcycle accident claims effectively. Experienced motorcycle accident lawyers will understand the physics of motorcycle crashes, the expected injury patterns, and the overarching laws applicable to the motorcyclist.
Common Causes of Motorcycle Accidents
We know firsthand that motorcycle accidents can occur for a variety of reasons, most of them a result of negligence or wrongful behavior.
Some of the most common causes include:
Negligence by Other Road Users
Many motorcycle accidents are caused by other drivers who fail to notice motorcycles, miscalculate their speed, or fail to yield the right of way. Drivers may also make a turn or change lanes without checking for motorcycles in their blind spot.
Sudden stops and opening car doors without checking the immediate environment can also put motorcyclists at risk.
Poor Road Conditions
Motorcycle accidents can also occur due to poorly maintained roads, debris, potholes, and uneven surfaces.
Inclement weather can also make the road more slippery than normal and reduce visibility. This further increases the risk of accidents.
Mechanical Failure
Unforeseen mechanical failures such as tire blowouts, brake failure, or engine problems are dangerous for motorcyclists. They can cause loss of control, sending motorcyclists into oncoming traffic or other objects on the road.
Steps to Take After a Motorcycle Accident
Especially if you’ve been injured, it can be confusing to know what to do after a motorcycle accident. However, your actions and inactions during this window might compromise your safety and/or reduce the success of your claims.
Protect your health and your rights immediately following a motorcycle accident. Here’s what you should do:
- Move away from the road to a safe location to avoid further injuries from oncoming traffic.
- Call 911 to report the accident and request emergency medical assistance, no matter how significant or insignificant your injuries might appear. Receiving prompt treatment not only keeps you safe, but it also creates a documentation trail which may later come in handy when fighting your case.
- Collect evidence. gather eyewitness accounts and their contact information, and take down the contact information of the other drivers involved. The evidence you collect can back up your report of the accident and improve your chances of success with the claim. Photograph and take video recordings of the accident scene, your motorcycle, the road conditions, the other vehicle(s) involved, and your injuries. This, along with eyewitness statements, will serve as evidence for your version of the events.
- Contact your insurance company to report the accident, but avoid giving them a recorded statement until you’ve consulted with an attorney. You should contact a motorcycle accident lawyer as soon as you can after the accident, as they will help you preserve critical evidence, broker communications between you and your insurance companies, and guide you through the legal process. Working with a lawyer will also reduce the risk of failing to meet critical legal deadlines and increase your chances of receiving maximum compensation.
How to Choose the Right Motorcycle Accident Lawyer
You want to make the right choice when selecting a motorcycle accident lawyer because it influences the probability of getting fair compensation for your injuries.
The top factors to keep in mind when choosing a motorcycle accident lawyer include:
- Experience. You need to choose a lawyer with extensive experience in handling motorcycle accident cases. Their familiarity with the intricacies of previous cases will prove valuable over the course of your unique process.
- Reputation. Does the lawyer have a good reputation for helping motorcycle accident victims get fair compensation after their accident? Check reviews, testimonials, and case results before making your decision. A motorcycle accident lawyer with a good track record of favorable verdicts and settlements will likely provide you with higher-quality representation.
- Communication style. Your lawyer should be able to communicate clearly and regularly. You should feel comfortable discussing your accident in detail.
- Fee structure and costs. Generally, your motorcycle accident lawyer will only get paid if you win your case. However, you need to understand how much of your compensation they will claim and any other costs you might have to cover.
- Local knowledge. A lawyer with adequate knowledge of the processes at your local court is invaluable to a successful motor vehicle accident case.
Choose a lawyer who specializes in motorcycle law because this means they have an in-depth understanding of your unique legal needs. Choosing an attorney who focuses on motorcycle accidents means you can be confident in their ability to understand the intricacies and challenges of riding a motorcycle, the common causes of motorcycle accidents, and the best strategies to increase the probability of securing compensation.
The Role of a Motorcycle Accident Lawyer
A motorcycle injury attorney can be an advocate for justice following a motorcycle accident that leaves you injured.
Below are some of their responsibilities to make sure you receive the right level of compensation for your injuries and any other damages:
- Investigating the accident. An experienced motorcycle accident lawyer won’t go off your report of the accident alone. They will conduct a thorough investigation to gather evidence, which may include interviewing witnesses and replicating the accident scene.
- Negotiating with insurance companies. Insurance companies are notorious for trying to minimize the payouts following a claim, but an experienced lawyer can help prevent it.
- Filing lawsuits. Where a fair settlement cannot be reached after negotiations with insurance companies, the lawyer will file a lawsuit and represent you in court.
- Maximizing compensation. An experienced lawyer will identify all sources of compensation, such as lost wages, property damage, medical expenses, and pain and suffering
Motorcycle accident lawyers also combine various legal strategies to increase your chances of securing fair compensation. Some of these strategies include:
- Accident reconstruction. The lawyer can work with other experts to recreate the accident to fully demonstrate how it occurred.
- Use of expert testimony. The lawyer may secure testimony from accident reconstruction experts, medical professionals, and other relevant specialists to support your claim.
- Use of documented damages. An experienced lawyer will meticulously document all economic and non-economic damages to ensure you have a compelling case for compensation.
- Use of legal precedents. Experienced lawyers can also leverage relevant case law and legal precedents to further strengthen your case.
Compensation and Claim in Motorcycle Accidents
Motorcycle accidents often leave victims with emotional trauma, injuries, and significant financial burden. Thankfully, fair compensation may help cover some of these burdens.
Some of the types of compensation available to accident victims include:
- Medical expenses. This compensation may cover all past, present, and future medical treatment expenses as a result of the accident. It may cover surgeries, rehabilitation, hospital bills, and medication.
- Lost wages. This compensation covers any income the accident victim may have lost while they were unable to work as a result of the accident. The compensation may include future wages if the injuries led to any long-term or permanent disability.
- Pain and suffering. This compensation will cover any physical pain, emotional distress, and reduction in quality of life due to the motorcycle accident.
- Property damage. The compensation focuses on getting reimbursement for any money spent on repairs or replacing the motorcycle or any other personal property lost or damaged due to the accident.
A motorcycle accident lawyer will thoroughly review the details of your case to assess the potential for compensation and outline the legal process. If they determine that you have a case, they will investigate to further establish the facts and gather supporting evidence.
After documenting the relevant evidence, the motorcycle injury lawyer will negotiate with insurance companies to reach a fair settlement. The case will only go to trial if there is no agreement reached with the insurance company.
During the trial, the lawyer will present all the evidence and call on witnesses to argue your case before the judge in an attempt to secure the maximum compensation possible.
The process may seem intimidating, but motorcycle injury lawyers at Steinger, Greene & Feiner will provide comfort and guidance along the way, making sure you understand all your rights and options.
Talk to a Motorcycle Accident Attorney for Legal Help
Motorcycle accidents can have far-reaching consequences on your mental, physical, and financial well-being, but you don’t have to navigate the aftermath alone. An experienced and skilled motorcycle injury lawyer will hold all responsible parties accountable, helping you secure the compensation you deserve.
At Steinger, Greene & Feiner, our team of motorcycle accident lawyers understands the unique challenges motorcyclists face each day out on the roads. We provide compassionate representation designed to help you recover from your injuries and move on with your life.
If you or a loved one has suffered injuries due to a motorcycle accident, call Steinger, Greene & Feiner at (800) 916-8108 for personalized advice. Contact us at one of our offices in Miami, West Palm Beach, Fort Lauderdale, Port St. Lucie, Fort Myers, Orlando, Okeechobee to request a free, no-obligation consultation.