Motorcycle accidents
Statistics show that motorcycle accidents are more serious than auto accidents. A motorcycle fatality is 29 times more common per mile than a fatality in a passenger vehicle. There were 4,976 motorcycle accident deaths in 2015. According to the National Highway Traffic Safety Administration, 88,000 motorcyclists were injured in that same year.
Damages and Liability
There are two main factors you should consider when handling a personal injury case arising from a motorcycle accident. First, you must establish liability. The second step is to establish damages. A motorcycle accident can be treated in the same way as an auto accident when it comes to liability. Motorcycle accidents can be subject to “blame shifting”, which is often done by the insurance company of the at-fault party. Motorcyclists are seen as being faster than passenger vehicles and making more lane changes. This perception is often used by insurance companies to shift blame. These cases are often more complicated and have higher insurance resistance.
Document, Document and more Document
Collect evidence after a motorcycle accident is the most important thing you can do. Although the police and state patrol are your first line of defense, you cannot rely on them completely. Talk to witnesses, collect their information and statements if possible. Find out if there is a security camera in a nearby home or business. You can also take photos of the accident scene and of the bike. You want to gather evidence that proves the other party is at fault. Your attorney will help you with this process.
After liability has been established, damages can be determined by evaluating the property damage and medical expenses. Additional damages can be caused by employment or relationships. These are just a few of the factors you should consider when establishing damages. It is not an exhaustive list.
Repair or replacement cost of the motorcycle
Past, present, and future medical bills
Employment loss
The two most painful things in life are suffering and pain
Loss of consortium (loss in interaction with people you love)
Brain injury can result in high costs for speech therapy and other therapies.
Training costs for a new job
Your attorney will create a demand that includes a combination of these factors in order to determine your specific damages. The insurance companies must consider these factors and many other factors when making a settlement offer. It is important to accurately document the damages. Talking to one of our lawyers about your case will be a great way to explain how the accident affected all aspects of your life. Each case is unique, so it is crucial that we fully understand your life and how the accident has affected you.
Most Frequently Asked Questions
What’s my first step after an injury?
Always contact a lawyer. Even if you do not want to hire a lawyer for personal injury, it is important to be aware of the changes that are about to occur in your life. You need to be aware of the tricks that can significantly lower your chances of a positive outcome. In some cases, you may even have to pay money for negligence.
Do I require a collision report?
An accident report is essential for establishing liability. Although it does not eliminate any potential challenges the at-fault driver may have regarding liability or allocating fault, it is a strong evidence source for liability disputes. You can still report to Washington State Patrol if you are involved in an accident but no law enforcement arrived on the scene.
What is the role of the police at the scene?
Most cases will see law enforcement arrive at the accident scene to conduct an investigation, collect witness information and make an accident report. The officer may ask for statements from the victims depending on their injuries. This can be tricky. This can be tricky if you are still in shock from a concussion. Even saying “I’m sorry”, conveying compassion that you and your partner are in a difficult situation, can be used later to claim that you meant to apologize for the fault. Avoid any discussion about fault, or any statements that might be used to suggest acceptance of blame.
I was transported to the hospital by an ambulance, but did not receive any information or a report. What should I do next?
The severity of injuries will determine when the report will be made available to the public via the Washington State Patrol website. The officer may need to wait several days or even weeks to file the report. JGR Law Offices Group can pull the collision report as well as any additional information from local police who might have been on the scene. We will also contact witnesses on your behalf.
What can I do to help my case?
If you are able to communicate with witnesses and can speak coherently, you may ask them to take pictures and video of the scene. They should also attempt to get as many phone numbers and names of witnesses to the accident as possible. You or your attorney might be able to obtain video footage from businesses or homes nearby if you are unable to take photos. Although an investigating officer should collect witness numbers and names as well as photos, it is possible for details to be lost or witnesses might drive away. To establish who is at fault, it is best to have more evidence. Insurance companies will often attempt to shift blame to you if there isn’t clear evidence.
What if an adjuster offered money to settle the matter?
This is a very important decision. You are subject to the same standards as a lawyer regarding knowledge of the law concerning subrogation, regardless of whether you were informed. You will likely be required to repay all money paid for your care. You may not be able to receive the bills you have accrued from the ambulance ride to the hospital. If you accept a settlement offer for $5,000, but your medical bills subrogation amount to $10,000, then you will be responsible for $5,000 more out of your own pocket. After you have settled, you cannot ask for more money from the insurance company because you didn’t realize that there were thousands of unpaid medical expenses.
Why are I being sent to collections
New clients often contact us because of confusion with medical bills and collection. Problem is, the “order of operations” for paying medical providers can be very complicated. The at-fault driver’s insurance is not paying your medical bills when you are being treated.
Your attorney will “pay back the medical providers’ liens” at the conclusion of your case. This can be done following a settlement or jury verdict. You have many options to avoid being sent to collections until the case is settled.
To avoid being sent to collection, you must provide your medical team with the appropriate insurance policies. If you have PIP, it is important to immediately provide this information to your doctor. PIP must be exhausted before either your Medicare/Medicaid or medical insurance can pay your bills for the duration of the case. This mistake will result in all billing being refunded and rebilled. This is not something you should do on your own. Most injury victims will damage their credit during the process.
What kind of damages can you recover?
The two most painful things in life are suffering and painThis is the most obvious claim, but it can also include many other things. This can cover all of the ways that your pain has affected your life before. You may find it difficult to be intimate with your partner because of neck or back pain. Or you might not be able to lift your children. You might have missed your family’s Disneyland vacation because you were unable to ride the rides. Living with pain can have both short- and long-term consequences.
Medical expensesThis is the most frightening category. You could be looking at bills between $3,000 and $7,000. This will depend on how many Xrays or other imaging were ordered. You can also add another thousand if you go via ambulance. Medical bills can quickly mount up. You could end up paying $10,000 more if you add chiropractic and physical therapy to your medical bills. Contrary to popular belief the insurance company doesn’t just pay 3x for medical. The more bills you accumulate does not mean a higher settlement.
You must pay for medical care that is reasonable. If you exceed the reasonable medical treatment for your injury, you may have to pay out of your own pocket. There are many moving parts following an accident. It is important to understand the limits on certain injuries as well as how subrogation (payback) works in your particular case. To give you an accurate financial assessment of your case, we will need to determine whether you have PIP, UM/UIM, or medical insurance. If you would like to know more about PIP benefits, check out our PIP link.
LOST LOCAL WORKERSCommon losses after an accident include loss of advancement opportunities, bonuses, or other compensation. This aspect is often overlooked by those who handle their own cases. You can also claim treatment time and medical travel if you had to take leave from work to go to physical therapy. Do not miss the opportunity to be compensated for your time.
Is my lawyer able to make more than me?
It can also happen at other firms. JGR Law Offices Group has never received more compensation than what our clients get. If a settlement seems unfair, we will move our money to your columns. You will have to try to get another company to do that.
Your injury is your settlement. It makes sense to find out if you’ll be able to make it through the other side. Even though some minor accidents may result in a small settlement, it is important to understand that your financial and physical recovery will be prioritized.
Are there any lawyers who specialize in personal injuries?
Lawyers who assist accident victims with Tort law. Although this area of law is very broad, it covers injuries or wrongs done to innocent persons. Each claim has its own elements, but the lawyer must address each case with regard to the duty, breach, injury, causation and cause.
Causation is the most important issue in personal injury cases. The insurance company representing the at-fault party will argue that the injury was not their fault, that the insured was contributing to the accident, and that the injuries are not connected at all. The third party adjuster can argue facts and theories, even if an officer has provided an accident report. The injured person’s lawyer may be forced to file a lawsuit if the adjuster refuses to accept the truth of the situation.
JGR Law Offices: Why should you hire them?
Every client has a story. We would love to hear your story.
Every accident is different and therefore the impact on your life is unique. It might take some time for you to see the full extent of your loss. We will be patient with you to capture your true story. No matter if you are unable to work or require long-term care, an accident can change your life. It is vital that you have strong advocates for your rights.
Insurance companies make billions of dollars every year, as their job it to report to shareholders. They must make the accident victims as happy as possible in order to be successful in their endeavor. Profit is the bottom line. Either you help them or we look after your future.
JGR Law Offices Group attorneys treat personal injury cases as their own. We will handle the stress of dealing directly with insurance adjusters, conducting an investigation and managing the complicated task of medical bills. Our job is to help you heal.
Get help now
You can either handle your case yourself or hire the JGR Law Offices Group. Get educated and prepared. You can make a difference in whether your case will result in a fair settlement. There are many factors that affect the outcome of your case. A consultation is completely free and well worth your time. It is likely that you will find that the sooner an attorney is involved, the smoother the transition to normal life. Your attorney will handle all communication with the insurance adjuster, as well as keep track of bills and treatment providers. Your job is to heal. Our job is to represent your injuries and damages to insurance companies and negotiate for a fair settlement that accurately represents the pain and damage you have suffered.