Many motorcycle accidents can result in devastating outcomes, leaving riders with severe injuries, emotional trauma, and a pileup of expenses. Although it is impossible to reverse the damages caused by such accidents, injured parties may be eligible to seek financial compensation through civil courts and personal injury claims. An experienced motorcycle accident attorney understands the vulnerability and exposure motorcyclists face and will do everything they can to protect their rights and represent a client’s best interests at heart.
At West Coast Trial Lawyers, we know the challenges that may arise throughout the legal process and are determined to help you rebuild your life. Our experienced motorcycle accident lawyers have secured over $1.7 billion for our clients, aggressively taking on large insurance companies and negligent motorists so you can focus on healing without added stress.
To book a FREE case evaluation, we welcome you to get in touch with us by calling (213) 927-3700 or completing our easy contact form.
How Common Are Motorcycle Accidentsโ?
Motorcycle accidents are fairly common in the United States. In 2023, there were 6,335 motorcyclists killed, contributing to 15% of all traffic fatalities. This was a slight increase (1%) from 2022, when 6,251 riders died. Roughly 82,564 riders were injured in 2023, which was less than 1 percent decrease from the previous yearโs 82,690 injuries. The fatality rate was 31.39 deaths per 100 million vehicle miles traveled, which was nearly 28 times higher than the passenger car occupant fatality rate of 1.13 per 100 million vehicle miles.ย
What Is the Most Common Injury in a Motorcycle Crash?
Motorcycle crashes can be more severe than other types of motor vehicle accidents. Without proper protection in place, riders are exposed to the impact of the road, other vehicles, and surrounding objects. Physical trauma even applies in cases where lower-speed collisions occur. Because of this vulnerability, riders are bound to endure serious forms of bodily harm. Some common motorcycle accident injuries include the following:
- Broken bones
- Head injuries
- Traumatic brain injuries
- Spinal cord injuries
- Internal damage
- Road rash
It is encouraged for motorcycle riders to seek immediate medical attention, even if bodily damage does not appear to be severe in the beginning. Getting yourself evaluated in a prompt manner is especially important to rule out catastrophic injury, and receiving an early diagnosis along with proper medical care can greatly improve your recovery process.ย
When Should You Get a Lawyer for a Motorcycle Accident?
Motorcycle accidents can turn out to be devastating events, resulting in far more serious injuries for the rider than any of the other parties involved. An experienced motorcycle accident lawyer knows the unique vulnerability and exposure riders face on the road.ย
Without proper protection, they are more susceptible to catastrophic or even fatal injuries. While no legal action can undo the harm triggered by the incident, injured riders are entitled to seek financial compensation by filing a personal injury claim.ย
For this particular reason, it is important to consult with a qualified attorney as soon as possible. Choosing a law firm that specializes in motorcycle accident cases can make a big difference when it comes to managing complicated liability issues and pursuing full compensation.ย
How WCTL Provides Support You Can Trust
Riders injured in a car crash caused by reckless driving may be met with serious complications. At West Coast Trial Lawyers, we help motorcycle accident victims pursue every avenue of recovery. This includes filing a lawsuit and handling your insurance claim from start to finish.ย
When you hire a motorcycle accident attorney with extensive experience in personal injury law, you will gain support from someone who is familiar with the obstacles riders are met with. Together, we will fight to protect your rights and ensure you are given the best chance at receiving fair compensation for losses incurred.
The Importance of Finding a Local Motorcycle Accident Lawyer
When youโve been involved in a motorcycle accident, hiring a local attorney can make all the difference when it comes to navigating your case effectively. As local personal injury lawyers understand the specific laws, regulations, and court systems in your area, they can give you an edge when it comes to developing a strong case. In addition to their legal knowledge, such attorneys have connections with local experts, investigators, and resources that can be crucial to your motorcycle accident injury claim.
Here are some other benefits you can get of working with a local motorcycle injury lawyer:
- In-depth knowledge of local laws: Each state has its own nuances when it comes to handling motorcycle accidents.ย
- Familiarity with local courts and judges: A local attorney knows the preferences and tendencies of judges and other legal professionals in the area.
- Accessibility and personalized service: Meeting your attorney in person can provide peace of mind and foster clear communication throughout the process.
If youโre looking for an experienced local motorcycle accident lawyer, we proudly serve in the following states:
What Are the Most Common Types of Motorcycle Accidents?
Motorcycle accidents occur for various reasons. Some notable factors include visibility issues, right-of-way violations, or loss of control. Since motorcycles are smaller and provide less physical protection than passenger vehicles, serious injuries are more likely to occur. Below are the most frequently reported types.
Lane Splittingย
Lane splitting is known as one of the most common factors tied with motorcycle accidents. Many riders choose to travel in between lanes of slow-moving traffic or stopped traffic to navigate heavy congestion effectively. While this can minimize time spent in traffic, it can also increase the risk of an accident.
A motorcyclist may sideswipe another vehicle or get hit by a driver who is not expecting a motorcycle to pass between lanes. Since many drivers are not used to sharing the road in this type of manner, they may fail to check mirrors or blind spots, heightening the probability of sudden lane changes and unexpected impacts.ย
Left-Turning Accidents
Left-turn crashes are one of the most dangerous types of motorcycle collisions. According to the National Highway Traffic Safety Administration (NHTSA), there were a total of 3,419 fatal two-way crashes involving a motorcycle and another vehicle in 2023.
In 46% of those cases, the other vehicle was turning left while the motorcyclist was heading straight, passing, or overtaking. Both vehicles were traveling straight in 709 crashes (21%). This information demonstrates that almost half of fatal two-vehicle crashes happen when a driver turns left across a motorcyclistโs path.ย
Head-On Collisions
Head-on collisions are a deadly type of motorcycle accident. Front impacts often happen when motorcycles are heading straight and another vehicle appears unexpectedly in their path.ย
Based on data provided by the NHTSA, 79% of motorcycles were struck on the front in two-vehicle fatal crashes. Since motorcycles offer inadequate protection to riders, such collisions may result in serious bodily harm or death.ย
Lane-Change Accidents
Another common cause of motorcycle accidents is drivers failing to check their blind spots and side mirrors before changing lanes. While this may seem like a simple oversight, it can result in sudden, unexpected collisions, leaving the motorcyclist with little or no time to react.
These cases can occur at any given moment, and may be influenced by the following factors:
- Distracted drivers
- Speeding
- Drunk drivers
- Aggressive drivers
- Poor weather conditions
- Manufacturing defectsย
As such, all motorists should remain vigilant and be aware of their surroundings while on the road. This includes regularly checking blind spots and mirrors, signaling properly, and being mindful of other vehicles.
What to Do After a Motorcycle Accident?
If you are involved in a motorcycle accident, taking immediate action is crucial for your safety and legal protection. Below are some notable steps you should consider:
- Move to a safe location nearby and contact 911 for medical assistance, especially if anyone is hurt.
- Get evidence. Take photos or video footage of the accident scene and road conditions. Be sure to ask for witness information to help strengthen your motorcycle accident claim, and to acquire a copy of the police report.ย
- Exchange information with the opposing side(s). This includes their name, contact details, driver’s insurance company, and license plate number.ย
- Seek medical attention as soon as possible. Some injuries may not appear immediately, which is why it is important to get yourself evaluated to detect any possible hidden injuries. Medical records may also be saved, and can be used as evidence to prove you endured bodily harm as a result of the motorcycle accident.ย
- Contact your insurance. Stick to facts and do not admit fault. Keep your statements concise.ย
- Consult with a motorcycle accident attorney. They will guide you on what to say to the insurance adjuster and help protect your rights. If you have serious injuries or liability questions, reaching out for legal insight prior to giving a statement to the insurer is safer.ย
Who Is Usually At Fault in Motorcycle Accidents?
In crashes involving a motorcycle and another vehicle, driver negligence is usually the primary cause according to the NHTSA. Many multi-vehicle motorcycle accidents happen when other motorists simply do not detect the motorcyclist or fail to yield the right of way. This is a visibility issue that is an ongoing factor in such cases.ย
Crash characteristics can also reinforce this pattern. As previously stated, in 2023, 46% of fatal two-vehicle crashes with a motorcycle involved another vehicle turning left while the motorcycle was traveling straight, overtaking, or passing. This scenario heavily suggests failure to yield behavior by the negligent driver.
Motorcyclists can still share fault, specifically in cases where single-vehicle crashes happened with no other vehicle involved. For example, NHTSA found that 41% of riders who died in this type of collision in 2023 were under the influence of alcohol, and rider error, like loss of control or speeding contributed to accidents.ย Nonetheless, fault will be determined on a case-by-case basis using critical documentation, such as:
- Police reports
- Crash investigations
- Witness evidence
How Much Compensation Do You Get for a Motorcycle Accident?
If you were involved in a motorcycle accident, you may be entitled to pursue legal action against the at fault party. To ensure all of your losses are taken into consideration, your motorcycle accident attorney will divide your damages into two categories: economic damages and non-economic damages.
Economic Damages
Economic damages are calculable financial losses designed to compensate personal injury victims for any unexpected costs that have accrued due to the accident in question. Some of the most common types of economic damages awarded in motorcycle accident claims include:
- Medical bills
- Lost wages
- Property damage
When it comes to fatal motorcycle accidents, economic damages for wrongful death claims will typically include medical bills, funeral and burial costs, and loss of income and future earnings. These damages will be determined based on evidence that covers the deceased’s earnings, life expectancy, and the financial needs of immediate family members.
Non-Economic Damages
Non-economic damages are incalculable losses that are subjective by nature and do not have a monetary value. A motorcycle accident attorney will need to measure these accordingly in order for an accident victim to recover non-economic damages. Common types include:
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Pain and suffering
Punitive Damages
Punitive damages are granted on top of compensatory damages to punish the defendant for committing negligent or malicious behavior. It might be awarded if a driver was under the influence, intentionally reckless, or participating in extreme aggressive conduct. Generally, punitive damages are rare and may only be given at the courtโs discretion.
How Long After an Accident Can I Still Make a Claim?
The amount of time you have to make a claim after a motorcycle accident will vary depending on your stateโs statute of limitations and the type of claim involved. For personal injury cases, most places will allow two to three years from the date of when the incident occurred to file a lawsuit.ย
Claims for property damage, like repair or replacement of your motorcycle, will be a similar timeline. In wrongful death cases, the time limit will usually begin from the date of the victimโs passing and range between two to three years based on the state where the incident occurred.ย
Acting quickly is important even if you are given a few years to pursue legal action. Doing so will allow you to gather evidence early on and give you just about enough time to submit a strong claim while having a knowledgeable attorney on your side. This can ultimately maximize the chances of having a successful claim and ensures legal deadlines are met.
West Coast Trial Lawyers Will Fight for Your Rights
At West Coast Trial Lawyers, we advocate for those who have been harmed by the negligence or recklessness of others on the road. We pride ourselves on providing exceptional communication and professionalism. Whether you have been hurt or lost a loved one in a motorcycle accident, you can trust our skilled legal team to protect your rights and seek the justice you deserve.
Contact us today by calling (213) 927-3700 or filling out our quick contact form to schedule a FREE consultation.
Frequently Asked Questions About Motorcycle Accidents
What if I Am Partially at Fault for the Motorcycle Accident?
If you are partially at fault for a motorcycle accident, you may still be entitled to recover compensation. The amount you recover will depend on your stateโs negligence laws. Being partially accountable will not automatically bar you from filing a claim if you reside in a state that follows comparative negligence rules.ย
- In pure comparative negligence states, you can acquire damages even if you are found to be mostly responsible. But, your compensation will be adjusted according to your percentage of fault. For instance, if total damages are $100,000 and you were 80% liable for the crash, you could still receive $20,000.
- In modified comparative negligence states, you can recover compensation only if your fault does not go over a certain threshold, specifically 50% or 51%. If you are found more responsible than the other party, you may be restricted from recovering any damages.ย
- A small number of states comply with contributory negligence, which tends to be much stricter. Under this rule, if you are found even 1% at fault, you may be prevented from acquiring any compensation.
What Age Group Has the Most Motorcycle Accidents?
Motorcycle crash data shows that while the average age of riders killed in 2023 was 41, there has been an increase in deaths with younger riders. Fatalities for motorcyclists aged 15-20 rose 44% from 2022 to 2023 (from 350 to 505 deaths), with many cases taking place on weekends (62%). Riders aged 21-24 also saw a 7% increase in fatalities, from 572 to 611.ย
How Much Do Motorcycle Accident Lawyers Charge?
Most personal injury attorneys work on a contingency-fee basis, meaning that they do not collect payment until the case is settled or won. This method allows clients to get excellent legal representation without worrying about out-of-pocket expenses. Some attorneys, however, may charge an hourly rate depending on their experience and location. This means you will have to pay for the attorneyโs time regardless of what the outcome is with your case.
What State Has the Most Motorcycle Accidentsโ?
While nationwide totals for motorcycle crashes are not centrally reported, state-level data shows Florida, California, and Texas consistently having the most accidents overall. According to the National Safety Council (NSC), Florida has the highest number of motorcycle accident deaths, with 668 fatalities reported. Texas was ranked second with 598 deaths and California followed with 583.
How Long Does a Motorcycle Accident Lawsuit Takeโ?
A motorcycle accident lawsuit can take anywhere from a few months to several years depend on the following factors:
- Complications surrounding the case
- The severity of injuriesย
- Whether parties are willing to cooperate with one another
Simple cases may settle quickly whereas serious circumstances, including wrongful death lawsuits, may require investigation, negotiation, or even a trial. All of these factors can extend the lawsuit. Working with a motorcycle accident attorney can help smoothen the legal process and improve the chances of a fair resolution.
What Are the Chances of Getting Into a Motorcycle Accidentโ?
Riders are met with higher risks on the road compared with drivers of other vehicles. In 2023, motorcycles contributed to 15% of all traffic fatalities. The fatality rate for motorcyclists was about 28 times higher than for passenger cars, and alcohol impairment appears to be more common among riders in deadly collisions. Based on the data provided, exact chances will vary. But, operating a motorcycle does, in fact, carry greater risk of both injury and death.
Will My Health Insurance Cover Me in a Motorcycle Accidentโ?
Most health insurance plans will cover medical expenses for bodily harm caused by a motorcycle accident, like rehab or hospitalization. But, coverage can exclude certain types of activities, such as racing. Your insurer may seek reimbursement from the at fault driverโs insurance, so be sure to report the incident as soon as possible and keep records at hand.
Are There More Car or Motorcycle Accidentsโ?
Car accidents are more common than motorcycle accidents. According to data provided by the NHTSA, cars and light trucks were involved in 76% of all fatal collisions. Passenger vehicles accounted for 32% whereas light trucks contributed to 43%. Motorcycles were involved in 15%, which means car accidents still dominate in terms of total vehicle involvement.
How Do You Recover From a Motorcycle Accidentโ Injury?
Recovering from a motorcycle accident injury starts with pursuing care and listening to your doctorโs guidance. Medical treatment may include:
- Physical therapy
- Emotional support
- Rehabilitation
If your injury requires long-term care, it is important to follow up with your medical appointments and continue therapy or exercises recommended by your physician. Try to adjust your lifestyle and seek mental health support if you are suffering from symptoms, like anxiety, mental anguish, post-traumatic stress disorder (PTSD), or depression. Keeping yourself in check will help better your quality of life.
