1. Traumatic Brain Injury (TBI)
2. Leg Injuries
3. Muscle Injuries
4. Neck Injuries

If you’ve ever been involved in a motorcycle accident, then you probably know just how chaotic the aftermath of such a catastrophe can be. Immediately after a collision, it’s likely that all parties involved will experience a rush of emotions like fear, panic, anger, relief, sadness, regret or even guilt. People may be injured, and property may be significantly damaged. Always reach out to the police when these conditions are present. They will create a report of the incident and help anyone injured. Afterward, it may be time to begin thinking about the next steps in reporting the accident.

There are plenty of reasons why someone might not want to involve their insurance company in an accident. Many fear that their monthly rates will rise and others dislike the idea of having a minor accident listed on their insurance driving record forever. Despite these valid concerns, it’s necessary to notify your insurance company when you or someone else has sustained serious injury or property damage. If the accident was someone else’s fault, then make sure to let the agent you speak with know. Provide the agent with any details you can remember including witnesses, what was damaged and who was injured. Be as honest as possible when speaking with the representative because there is a possibility of a future investigation into the accident being opened by the insurance company.

There are situations in which you won’t need to notify your insurance company about an accident. These types of accidents usually do not involve injuries or significant property damage. 

If one or more parties involved seeks out a claim, then the insurance companies will likely begin investigating the situation. You may be contacted by representatives, and it’s important to cooperate with their requests. They may need to inspect your property or view medical records related to injuries.

It’s common knowledge that riding on a motorcycle is inherently riskier than driving in a full-sized vehicle, but it may come as a surprise that the majority of bike-related accidents typically involve a passenger vehicle. In about 67 percent of these accidents involving other motorists, the other vehicle has directly caused the accident by violating the biker’s right-of-way. 

Motorist Negligence:

When another car collides with a biker, the most likely culprit is driver negligence on the part of the full-sized vehicle’s driver. Most collisions with bikers occur when the other driver fails to give the biker their right-of-way. In other cases, the other driver fails to see the smaller vehicle. When injuries or property damage results from these types of accidents, the other motorist will be held liable for the damages.

Biker Negligence:

At times, bikers may be held liable for damages associated with an accident when they were driving negligently. Some bikers have been known to ride recklessly and put other motorists in danger. According to statistics, about 25 percent of motorcycle-related accidents occur when the biker collides with a fixed object or the roadway rather than another car.

Vehicular Failure:

Surprisingly, only about three percent of all motorcycle-related accidents are attributed to vehicular failure. When vehicular failure occurs, bikers are most likely to lose control but not hit another car. If damages are present in the accident, then it’s possible the manufacturer of the bike will be held liable. If courtrooms find that the vehicle was defective due to improper maintenance or driver error, then the driver may be held liable for the accident. It’s important to understand that knowingly driving a car in need of repair is considered negligent behavior.

Adverse Weather or Roadway Defects:

Surprisingly, roadway defects account for only about two percent of all motorcycle accidents. When poor road conditions contributed to your crash, it may be possible to collect compensation from the governmental agency tasked with keeping the road safe. It may also come as a shock that adverse weather was not a factor in over 98 percent of biker accidents.

The following are a list and definition of the legal terms that are used in every motorcycle accident case:

– Tort – Contrary to popular belief, a tort is not just the name of a dessert. Rather, in the legal context, a tort is the wrongful act that caused the plaintiff injury or property damage.
– Plaintiff – This is the party that initiates the personal injury lawsuit and is the one who is seeking monetary compensation for his or her injuries. If you are the one who files a personal injury lawsuit, you will be called the plaintiff.
– Defendant – This is the party to the lawsuit that is named as the at-fault party. The defendant defends himself or herself against the claims that the plaintiff brings in his or her lawsuit to avoid being held liable for the plaintiff’s injuries.
– Damages – Damages is a term used to describe the amount of money you, as the plaintiff, want to recover from the lawsuit. Damages can be compensatory, meaning they are sought out to make you whole again after the accident, or punitive, meaning they are sought to punish the defendant for his or her behavior. Moreover, compensatory damages are sometimes divided further into what are called economic and noneconomic damages. Economic damages are damages that can be easily calculated, such as costs for reimbursement of medical bills, whereas noneconomic damages are damages for injuries that cannot be easily quantified, such as for emotional distress or pain and suffering.
– Prayer For Relief/ Ad Damnum Clause – To initiate every personal injury lawsuit, the plaintiff must file a complaint against a defendant. In this complaint, the last paragraph is typically supposed to state the type of relief the plaintiff seeks to obtain from filing the lawsuit. The relief is often monetary compensation but can be another form of relief. This last paragraph is called the prayer for relief or, stated differently, the ad damnum clause.
– The preponderance of Evidence – This term is used when describing the legal standard by which the plaintiff has to prove his or her case against the defendant. Under this legal standard, you need only have to prove that it is more probable than not that the defendant caused the injuries you sustained.

Other Legal Terms Used In Motorcycle Accident Cases include:

– Negligence – This term is a legal theory by which a plaintiff can hold a defendant liable for his or her injuries. Negligence occurs when a person owes a duty to another person, breaches that duty by failing to act in a reasonable manner, this breach caused injuries (or damages to a person), and there are actual damages.
– Proximate Cause – This term is used to describe an element of negligence. It is rather amorphous, but generally, it is defined as the main reason that resulted in injury to the plaintiff.
– The statute of Limitations – This terms refers to the deadline by which a plaintiff may file a personal injury lawsuit against a defendant.
– The Assumption of the Risk – This term refers to an affirmative defense the defendant can try to prove to evade liability and bar you from recovering damages. To successfully assert this affirmative defense, the defendant must prove that you knew that a dangerous condition was present and could cause you injury, but you voluntarily chose to act anyway.
– Contributory Negligence – This term refers to another affirmative defense the defendant can assert, whereby the defendant endeavors to prove that you are at least partially at fault for the accident and your own injuries.

It’s a challenge attempting to calculate the monetary value of injuries and other losses associated with a motorcycle accident, but it’s an important consideration when deciding whether to pursue a personal injury case or not. The most important factor in determining the worth of your motorcycle accident case is determining who was at fault. Typically, the more negligent driver will bear the burden of losses incurred in an accident. If you are not able to prove the other driver’s negligence, then it will be difficult to obtain financial compensation. It’s the plaintiff’s responsibility to prove the other driver’s negligence. You can still seek compensation when you can prove the other driver’s negligence even when you have also contributed to the accident.

Next, you will need to consider the real value of the damages you’ve incurred. Some damages may be easy to quantify utilizing medical bills, insurance estimations of damage and other methods. To calculate how much money you lost from missing work, you’ll need to add up the income and benefits that you missed out on due to your injury. When you’ve lost the ability to return to your same area of employment, then you may need to consult with an expert to determine the value of your lost earnings. Other types of losses, such as pain and suffering, are not as easy to calculate. Judges usually rely on the jury to make a reasonable determination about these types of damages.