Injured in a motorcycle accident? The attorneys at Haffner & Morgan have years of experience in helping the victims of motorcycle accidents get compensated. We provide free initial consultations and all of our motorcycle accident cases are taken on a contingency (no recovery, no fee) basis.
Motorcycle injuries are all too common. In 2018, for every 1,000 motorcycle owners, there was a motorcycle injury. With registered owners reaching 8.6 million, total reported injuries reached 82,000. Being a conscientious and safe rider can help prevent becoming a part of that statistic, but motorcycle accidents can occur at no fault of your own, and being prepared in case you are involved in one can help prevent unnecessary injury and help you recover.
A motorcycle injury is any injury that occurs while riding a motorcycle. These injuries can result from no collision at all, a two-vehicle collision, or a multi-vehicle collision. If your injury was the result of someone else’s negligence, you are eligible for compensation, regardless if your vehicles made contact. Your ability to avoid contact and prevent further injury does not bar your recovery for injuries that were no fault of your own.
What Should I Do After a Motorcycle Accident?
- BE SAFE: Leave your gear on. As a rider, you have a good understanding of driver’s selfish tendencies, now is not the time to forget. Get to the side of the road, away from traffic. If you are too hurt to move your bike, leave it. It can be replaced.
- REMAIN CALM: Someone was at fault in the incident, but it is important to approach the other driver in a calm manner. Flared tempers may lead to exacerbating your injuries, or prevent you from obtaining the information you need.
- CONTACT 911: Emergency personnel are best prepared to secure your safety as well as the safety of those around you. Moreover, being the first to initiate contact can put you in a better position to have your story told. You need to have your side of the story told to the police officer, especially if the driver is trying to avoid liability.
- GET MEDICAL HELP: Allow the paramedics to examine you. Your adrenaline is likely to be flowing, preventing you from recognizing your injuries. Even if you’ve taken the time to see that you have no external injuries, there may be internal injuries. Seeking further medical attention, at an emergency department or urgent care, can be the best way to prevent any long term damage.
- OBTAIN INFORMATION: After you’ve remained safe, contacted 911, and received medical help, you’re in the best position to obtain the information you need. No discussion of who is at fault is needed immediately. Ask the driver or the responding officer for proof of insurance and a driver’s license. If the other driver is admitting fault, document it. If they are asking you to admit fault, refer them to your insurance company. There is no need to say anything further.
Who Can Be Held Liable in Motorcycle Accident Lawsuits?
Generally, the driver who was at fault in the motorcycle accident can be held liable in a motorcycle accident lawsuit. This means that the person who was at fault, and was the cause of your motorcycle injury, will have to be the source of compensation for not only your injuries, but for the cost of repairing or replacing your motorcycle. Most of the time, the source of compensation will be the at fault driver’s insurance company. If the driver does not have motor vehicle insurance, recovery could be had from their assets, which can include their home, property, or bank account.
An at fault driver with no assets or insurance does not always bar recovery. If your own insurance coverage includes uninsured and underinsured motorist coverage, your insurance company steps into the shoes of the uninsured driver, and pays for your recovery.
You can still recover financially if you were partially at fault in a motorcycle accident. A motorcycle accident that was the result of both the other driver and yourself does not bar you from recovering. Here, any recovery had from the driver’s insurance company will be reduced by the percentage which you may have been at fault. Thus, if you were 30% at fault, and your case was valued at $100,000.00 (if you were not at fault), you would be able to recover $70,000.00. If you are involved in an accident which may or may not have been your fault, speaking with an attorney early can help ensure you receive the most compensation for your recovery. The experienced attorneys at Haffner & Morgan can argue on your behalf and show why you were not truly at fault or that your fault was minimal.
How H&M Can Help
The attorneys at Haffner & Morgan can help you every step of the way with your motorcycle injury. The lawyers will be able to take over negotiations with your insurance company or the driver’s insurance company, leaving you to focus on treating your injuries and fully recovering your body. Strong and aggressive negotiating from the attorneys at Haffner & Morgan can bring the best results for your case. Where insurance companies are not willing to negotiate fairly, or settle in an amount that allows for your full recovery and just compensation for your pain and suffering, Haffner & Morgan have the experience necessary to take your case to trial.
The information provided in this blog is not meant to be legal advice. It is provided as an informative guide only. If you have any questions regarding your own motorcycle accident, contact a lawyer today. An experienced attorney will have a strong understanding of the process and usually can inform you at no cost. The attorneys at Haffner & Morgan offer no cost consultations and are happy to answer any questions you may have.