For those who were injured in a motorcycle accident, the aftermath of a motorbike accident can be quite chaotic. Your focus may be split between numerous areas, including substantial property damage, emotional and mental trauma, and other motorcycle accident injuries.
In the aftermath of a catastrophic motorbike accident, many victims tend to overlook the resources available to them for securing their financial future. The victim and their relatives may file a lawsuit for damages with the assistance of an experienced motorcycle accident attorney. The money awarded in damages may be used to partially offset hospital bills and property damage costs. When a motorcycle accident victim goes through the emotional anguish and suffering brought on by the accident, monetary damages may also be beneficial.[1]
You won’t be alone if a motorbike accident wounded you or a loved one. Skilled motorcycle accident attorneys from Big Ben Lawyers can assist you in obtaining just compensation. We provide a free initial consultation during which you can talk with a knowledgeable lawyer who will fairly evaluate your motorcycle injury claim.
Damages as Compensation?
Amounts due to the victim for a duty breached or rights violated are known as damages. Let’s use a motorbike accident as an example to show what constitutes damage.
Every driver has a responsibility to other users of the road. The task is easy. Regardless of the kind of vehicle they are operating at the moment, drivers need to maintain their composure and follow the law to protect not only themselves but also other motorists.
A motorist violates their obligation if they are careless in performing it, such as when they drive while intoxicated, fall asleep at the wheel, or are preoccupied with their phone. The irresponsible driver may and ought to be held liable for damages if their negligence results in a motorbike collision.
What is the variety of Damages I can Obtain?
Let’s divide the various damages that motorcycle accident victims may be able to obtain for a motorbike accident into three categories: punitive, noneconomic, and economic damages. You can file particular motorcycle accident claim against the irresponsible driver under each umbrella.
Types of Compensation Can I receive for my Motorcycle Accident – Pecuniary Damages
For a tangible monetary loss, economic damages are granted. The amount of money that the motorbike accident cost you and your family might be used to calculate these objective damages. You can recover the following main categories of economic damages from a motorcycle accident case:
Healthcare Charges
All of the present and future medical expenses resulting from your accident may be covered by your injury claim. This can involve visits to the emergency room, hospital stays, x-rays, scans, surgery, medication, and post-operative care.
A motorbike accident claim may also pay for long-term medical care that you or a loved one requires, such as physical rehabilitation, home help, upcoming operations, and continuous medical treatment.
Missed Earnings and Lost wages and Earning Capacity
You might miss work as a result of the motorbike accident, depending on how serious your injuries were. You might get compensation for lost pay if your injuries prevent you from going back to work.
Long Term impairment
Your severe injuries from the motorbike accident could render you permanently disabled, preventing you from ever working at the position you had before the incident. Your DC motorcycle accident attorney will fight for the utmost compensation if you are unable to return to your regular employment or have diminished earning potential to protect your family’s financial future.
Damage to Property
After an accident, the expense of maintaining or replacing your motorbike might be very high. To prevent you from having to pay for your bike’s complete repair or replacement, a Big Ben Lawyers’ motorbike accident lawyer will assist you in obtaining enough compensation.
Non-Fiscal Damages
Since there is no set amount for these hardships, non-economic damages are distinct from economic damages. But that doesn’t mean your suffering isn’t real; it just means there isn’t a tangible document to prove it.
In a personal injury case, your motorcycle accident attorney will ensure that you receive just compensation for non-economic damages. Such damages may consist of:
Discomfort and Anguish
The experiences you have as a result of the motorbike crash are included in these damages. This can involve discomfort, mental distress, physical pain, and post-traumatic stress disorder.
Other harms resulting from pain and suffering include:
- Decreased life satisfaction;
- Sleep disturbances
- Flashbacks and nightmares
- Anxiety and depression
- Decrease in living quality
- Persistent pain
At Big Ben Lawyers, we are deeply concerned about our clients’ suffering. That you should be held responsible for the carelessness of another person is utterly unjust. For a free consultation, get in touch with a Big Ben Lawyers’ motorcycle accident attorney right now.
When the procedure begins, your committed motorcycle accident attorney will gather the proof you need to support your personal injury claim, safeguard your legal rights, and pursue the money you are entitled to in a just settlement.
Retributive Damages
Personal injury cases seldom involve punitive damages. Punitive damages are intended to penalize the irresponsible party, whereas the damages mentioned above are intended to assist the victim of a motorbike accident. In Maryland, Virginia, or Washington, DC, your personal injury attorney must establish the defendant’s willful disregard for other people’s safety to obtain punitive damages. The accused party would have to have known that their actions could cause severe harm yet still taken them.
It would be incredibly reckless behavior, for instance, if a passenger car was drag racing another automobile on a major highway and during the race, a motorbike accident occurred. Your Big Ben Lawyers’ personal injury attorney may contend that despite knowing that participating in a drag race on a public highway would endanger other drivers, the driver chose to go ahead. Punitive damages may thus be granted to the victim as retribution for the careless motorist.
Is it Possible to Claim Damages for Unlawful Deaths in a Motorcycle Accident?
It is possible to file a wrongful death lawsuit after a motorbike accident. Tragically, the victim of a motorbike accident may not survive. In these situations, the victim’s family may bring a wrongful death claim on behalf of their departed loved one. The following are the damages the family could be awarded in a wrongful death lawsuit:
- Health care expenses
- Wage loss;
- Life quality decline;
- Consortium loss
Rules governing who is eligible to file a wrongful death lawsuit vary by state. The spouse, parents, or children of the deceased may launch a lawsuit in Maryland. The executor of the dead must file the wrongful death claim in Virginia and Washington, DC.
The Big Ben lawyers have 100 years of combined experience and are knowledgeable in Maryland, Virginia, and DC law. They will be able to guide you through the claims process and secure maximum compensation.
Who is Liable for a Motorcycle Accident?
In any vehicle collision, the at-fault party is typically the one who operated their vehicle carelessly. However, motorcyclists often face bias, being wrongly perceived as the usual culprits in accidents. At Big Ben Lawyers, we understand that this isn’t always the case.
Visibility issues are a primary cause of severe motorcycle accidents, alongside factors like adverse weather, unsafe roads, and driver impairment due to drugs, alcohol, or fatigue. In 2020, over 5,500 motorcyclists died in crashes, facing a risk 29 times higher than passenger car drivers.
Apportioning Liability
A motorcycle accident attorney’s job is to pinpoint and establish the at-fault driver’s liability. They achieve this by gathering accident scene evidence, using eyewitness accounts, consulting medical and law enforcement professionals, and reconstructing the accident to build a compelling case against the negligent driver.
The Doctrine of Contributory Negligence
In Maryland, Virginia, and Washington, DC, contributory negligence laws prevent motorcyclists from receiving compensation if they shared any fault in the accident. For example, if a motorcyclist was swerving illegally while the other driver was speeding, the motorcyclist could be deemed partly at fault, complicating compensation recovery.
At Big Ben Lawyers, our experienced attorneys are familiar with these challenges and vigorously work to prove the other driver’s sole responsibility, ensuring our clients receive full compensation for their damages.
Frequently Asked Questions
What is the Average Settlement Amount I Should Expect?
Although it is difficult to give a typical motorbike accident settlement, there are some things that a lawyer will take into account. Your motorcycle accident compensation amount will be determined by carefully examining the financial, emotional, and bodily harm you sustained in the crash. The following elements will also have a significant impact on your pay:
- Your insurance policy.
- The insurance policy of the driver who is deemed at fault. The extent of any harm to property.
- The total cost of your medical bills and any additional medical charges.
- The presence of any kind of misery or agony.
The details of your particular case will determine how much compensation you receive. Every accident will have a unique outcome. You can gain a better understanding of the elements that will impact the value of your settlement and the options open to you in your case by speaking with an expert motorcycle accident lawyer.
Possible Settlement Amount
As was already noted, it can be challenging to determine the typical payout for a motorbike accident, and it is crucial to remember that every situation is unique. While some instances might settle for less than $9,000, others might settle for more than $250,000. Several criteria will be taken into account when determining a motorbike accident compensation after a collision.
A California motorcycle accident compensation calculator might be available to you, but none of the internet tools can accurately predict the potential settlement amount. It is important to get in touch with Big Ben Lawyers’ skilled personal injury lawyers to have your case assessed and a precise amount determined.
What is the Statutory Timeline for Filing a Claim after a Motorcycle Accident?
You have a limited window of time after being hurt in an accident of any kind to file a lawsuit or personal injury claim. We refer to this as a statute of limitations. In California, you have two years from the date of the motorbike accident to make a claim or lawsuit against another driver or a private firm. You also have two years to bring legal action against the device’s maker if the crash was caused by a malfunctioning portion or product.[4]
The best approach to safeguard your legal rights and obtain the compensation you are entitled to if a motorcycle accident caused your injuries is to speak with a motorcycle accident lawyer at Big Ben Lawyers.[5]
What are the Factors Affecting the Statute of Limitations?
Even though there are several deadlines for various circumstances, an experienced personal injury lawyer is familiar with California law and is aware of any exceptions that can lengthen the time you have to file a claim. Among these exclusions are the following.
The age of the Party involved
The statute of limitations won’t begin to run if the victim of the motorbike accident is underage; instead, it will begin when the victim becomes 18.
Mental Capacity of the Victim
In cases where the victim experienced prolonged physical or mental incapacity after the collision, the two-year statute of limitations won’t start running until the victim regains mental capacity.
Late Discovery of Injury
Certain injuries from motorbike accidents don’t always show up straight away. Weeks or months may pass before they are noticeable. Those who are hurt in an accident but don’t realize it for several weeks afterwards may have an extension on when they can submit a damage claim.
Where the at Fault Party is out of California
The statute of limitation may be postponed until the person whom you are suing for negligence following a motorbike accident returns to California if they are no longer in the state. When the guilty party returns to the Golden State, the clock starts.
A Parastatal is at Fault
The time restriction to make a claim is significantly shortened if a California government agency is involved in your motorbike accident. These entities can include unmaintained traffic signals, construction zones, hazardous road conditions, and the driver of a city bus or train. If any of these government agencies are involved in a motorbike accident, you can make a claim in as little as six months instead of the usual two years. You therefore have a lot less time to submit your claim.
Within 45 days after getting your claim, the government must examine it, look into it, and get back to you. If your compensation claim is rejected, you have six months to bring legal action. Anyone has an additional two years from the moment of the incident to file a claim if the government does not notify you of this denial.
What impact does comparative negligence have on my California motorbike accident claim?
In California, pure comparative negligence is the legal standard. This kind gives all parties involved, regardless of who is at fault, the right to try and recover damages commensurate with the losses brought about by the accident. Nonetheless, the harmed party’s fault will affect the recovery’s value.
The Doctrine of Contributory Negligence
Because California is a pure comparative negligence state, the amount of damages that a person can recover in a motorbike accident depends on how much of the accident they were at fault.
For example, if a motorbike rider is found to be 30% at fault in an accident and seeks to recoup $50,000 for the damaged vehicle, they will only be entitled to 70% of the $50,000. The fact that they were somewhat to blame for the disaster has hampered their ability to recuperate financially.
Speak with a lawyer as soon as you can be following a motorbike accident to ensure correct culpability assignment. Lawyers are familiar with the steps required to accurately record the elements.
They know how to gather and present the facts to make sure a driver isn’t unfairly blamed. Consequently, the person may endeavor to obtain monetary compensation that more precisely corresponds to their damages.
How do Big Ben Lawyers Help?
It could be challenging to come to a just settlement with the at-fault party or their insurance provider. We are ready to litigate your case in court if that occurs. Before a judge and jury, our knowledgeable litigators will stand up for your interests, making a strong case and defending your rights.
We are aware that a motorbike accident can cause difficulties with your health, finances, and emotional state. Our caring staff is committed to giving you the support and direction you require at this trying time. We’ll be there for you at every turn, responding to your inquiries and making sure you get the treatment and money you’re entitled to.
Our goal at Big Ben Lawyers is to assist you in recovering from a motorbike accident in California. Our goal is to provide our clients with the greatest possible solution and support so they may confidently go forward. Please get in touch with us if you or a loved one has been in a motorbike accident. Our first concern is for you, and we are here to support you on your path to healing and justice.
Big Ben Lawyers
144 N Glendale Ave.
Suite 250
Glendale, CA 91206
References
[1] Department of Motor Vehicle, Insurance Requirements, available at https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/#:~:text=Insurance%20(also%20referred%20to%20as,are%20renewing%20the%20vehicle%20registration, accessed on 19th April 2024.
[5] The Judiciary Branch of California, Statute of Limitations, available at https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en#:~:text=Personal%20injury%3A%20Two%20years%20from,date%20the%20contract%20was%20broken, accessed on 16th April, 2024