Being in a motorcycle accident could lead to severe emotional, physical, and financial damage. No one wants to deal with such an issue, but there are factors that might lead someone to have one, and it's likely not their fault. Typically, they're allowed to seek a motorcycle accident settlement to recoup some of the compensation lost.
These accidents happen because of malfunctions with the bike, poor driving, another driver, and many other things. Regardless, a motorcycle crash is a serious risk to everyone involved. While the victim recovers emotionally and physically, financial compensation is crucial to ensure that they don't deal with unexpected medical bills.
Many times, motorcycle accident cases involve getting financial recovery for the pain and suffering the victim had to deal with.
It's important to understand what the average motorcycle accident settlement is, though this can vary; each motorcycle crash is different. Therefore, one must work with an experienced personal injury attorney to get proper compensation for the damage caused. This article focuses on the average settlement amounts and what to do after the accident.
Common Motorcycle Accident Injuries
Motorcycles can be more difficult to handle than a car. They involve a bigger risk factor because more of the body is exposed. That doesn't mean a car accident is always less severe than a motorcycle crash because both are dangerous. It's crucial to prevent them whenever possible.
Currently, the United States has about eight million motorcycles registered. Statistics indicate that 75 percent of all motorcycle injury cases come from colliding with a car, but 25 percent of them are because of external factors, including bad weather conditions. Such high percentage rates show that motorcycle accidents are quite common and so are motorcycle accident claims.
Overall, motorcycle accident victims could face these injuries:
Head Injuries
Head injuries are often the most common for motorcycles because many motorcycle riders don't wear helmets, which is a crucial safety tool. Typically, head injuries can be severe or mild, but they can end in death for extreme cases. Things like brain injuries, cracked skulls, and concussions are possible.
Brain injuries are often the most severe concern for motorcycle accidents. Helmets will absorb the impact, but the victim can still be hurt if the crash was significant. When complications arise, the victim could lose the ability to move and speak. There are typically substantial rehabilitation costs and medical bills involved.
Leg Injury
The legs are the second-most injured body part after the head. The Centers for Disease Control claim that roughly 30 percent of all motorcycle accidents will cause injury to the lower extremities because the legs are closer to the pavement than any other part. Typically, most accidents see the bike falling on top of the person's legs, which leads to even more problems, such as lacerations and fractures.
Road Rash
Road rash occurs when a motorcyclist's skin hits and moves along the pavement once they're thrown from the bike. The damage can range from a few cuts and bruises to nerve and muscle damage, depending on the clothing the person wore at the time. One common concern is that debris could get lodged in the injury, which leads to infection.
Spinal Cord Injuries
Spinal cord injuries could lead to permanent damage after a motorcycle accident. Helmets don't often protect against them, and the neck and lower part of the head are exposed, which could cause paralysis. Sometimes, this is temporary, and physical therapy could heal the problem. However, it could be permanent.
Thorax Injuries
The chest can also be severely impacted after the motorcycle accident. In fact, thorax injuries are quite dangerous because the ribs could puncture the lungs and other organs, which causes internal bleeding. A collapsed or punctured lung is one of the most dangerous injuries, leading to infection or pneumonia.
Common Causes of Motorcycle Accidents
Before learning about how the motorcycle accident claim works, it's crucial to understand the causes of them. This important step will help victims deal with the insurance company when filing the motorcycle accident settlement case with an experienced personal injury lawyer.
Weather Conditions
Bad weather can include fog, wind, and heavy rain. This is dangerous for motorcyclists because a small mistake while riding could lead to an accident. Plus, there's less visibility to see the road.
Fixed Objects Upon the Road
Motorcyclists must concentrate on the road, but they often go at high speeds. Therefore, if the driver doesn't focus on what they're doing, they could ram into a car, tree, or building. This could cause fatal injuries, so it's wise to avoid any distractions.
Lane Splitting
Maneuverability is crucial when driving a motorcycle because one must keep it steady. During traffic jams, many motorcyclists try to move between lanes to save time. However, it must be done carefully to avoid ramming into other vehicles and causing an accident.
Bad Traffic Conditions
Sometimes, traffic conditions, such as rush hour, might be hazardous. Drivers get a little tired or might not focus on what they're doing for a brief moment, which leads to carelessness. Even when motorcyclists drive carefully, the other driver might not be as aware.
Reckless Driving
Reckless driving is the leading cause of death and injury for a motorcycle or car accident. Speeding and drunk driving were the two most prominent causes.
Wearing protective gear, using appropriate safety measures, and maintaining bikes are great ways to protect everyone on the road. However, an accident is still possible. The accident victim has the right to pursue compensation.
What Factors Typically Affect an Average Motorcycle Accident Settlement?
Many things could affect a victim's motorcycle accident settlement. Damages are a significant factor of the compensation one gets from the insurance company, but other details are prevalent. Often, personal injury lawyers will calculate the loss based on medical bills, lost wages, and pain and suffering.
Medical expenses and lost wages are often the easiest to calculate because the personal injury motorcycle accident lawyer in Nashville TN can quickly attain the bills and reports. However, pain and suffering is harder to determine. Usually, motorcycle accident lawyers will make educated guesses about what the client might be entitled to receive.
To make it easier and fairer for everyone involved, the lawyer will investigate similar accidents and determine what compensation amounts were awarded in those cases. However, the best way to find out pain and suffering damages is by seeing how bad the crash was. For example, a fully paralyzed victim will have a higher injury settlement.
Here are the common compensation award options available to motorcycle riders in accidents:
Modification of any vehicles after losing a limb
Possible home renovations
Home health assistance services
Vocational rehabilitation
Health and physical rehabilitation bills
When another driver is involved in the crash, and it's proven that they were driving recklessly, the victim might be awarded punitive damages. However, this varies based on who was at fault, the nature of the injuries, and much more.
Determining Degree of Fault for a Motorcycle Accident Claim
Determining fault is crucial when focused on a fair motorcycle accident settlement. The victim is responsible for providing the evidence necessary to show that another entity or person caused the injuries. If they cannot do that, the settlement value might be lower. Sometimes, the fault is unclear, so attorneys and insurance companies will go to court with any parties involved.
Tennessee uses modified comparative negligence laws. Therefore, if the victim is less than 50 percent responsible for the accident, they can recover damages. However, if they're 51 percent or more responsible, they do not have a personal injury case and cannot collect compensation for their injuries.
How Much Is a Decent Amount for a Motorcycle Accident Settlement?
Typically, the motorcycle accident settlement amount can vary depending on the case because many factors must be considered. Generally, the insurance company or jury will make the final decision. Likewise, the insurance amount the other party has will depend on how much compensation can be awarded.
Similarly, the amount of insurance available is a crucial factor. For example, the defendant might not have material assets, so the final settlement can't be higher than the insurance policy and liability limit.
If the one who caused the crash has fewer material assets, they will likely hire a personal injury lawyer who tells them to accept an average settlement equal to the coverage laid out in the insurance policy. Typically, this is $73,700 between 1999 and 2006. However, roughly 90 percent of accidents will settle out of court, so that verdict might not affect the final settlement amount.
The insurance company generally tries settling out of court because the victim could get higher damages if they go to trial with a motorcycle accident lawyer. However, it depends on the amount of evidence available and the severity of the damages sustained.
If someone is injured in a motorcycle accident, they should contact a lawyer like the ones at War for Nash. Someone can assess the case, and there's a free consultation. This will help victims understand their rights and how much they could get.
It's wise to have an excellent attorney-client relationship. The victim wants to be compensated for their injuries, and they need information and guidance to do it correctly.
When the injuries were caused by someone else's negligence, a fair settlement will typically cover property damages, future medical expenses, current medical expenses, pain and suffering, and lost wages.
Soft Tissue Injuries - Average Payout
The amount of compensation awarded from an insurance company depends primarily on the type of evidence available and the damages sustained. However, it's possible to estimate this amount based on the injuries and facts at hand.
It's generally more complicated to calculate soft tissue injury damages because they're minor. However, average motorcycle accident settlements for such injuries could get close to these numbers:
$20,000 - Shoulder Injuries
$15,000 - Ankle Sprains
$100,000 to $350,000 - Herniated Discs
$2,500 to $10,000 - Whiplash Injuries
The numbers above are only approximations. Therefore, it's best to speak with an experienced motorcycle accident lawyer. War for Nash offers a free consultation and provides a detailed review of everything, including possible pain and suffering amounts.
Other Severe Injuries - Average Payout
Soft tissue injuries are generally the most common, and they're not as damaging. However, they aren't the only ones. If a victim gets a concussion, they could see a motorcycle accident settlement of anywhere from $70,000 to $100,000, though this depends on severity. Alternatively, traumatic brain injuries often see $185,000 to $1 million for severe or worst-case scenarios.
Regardless of the victim's injury type, the value of the motorcycle settlement will continually change based on the circumstances. Therefore, it's wise to work with an attorney through a free consultation before setting up a claim or talking to the insurance provider.
How Long Will It Take to Reach a Settlement for a Motorcycle Accident?
Most people believe that a motorcycle accident case only takes a few weeks to get resolved. However, the average motorcycle accident settlement could take months or years. Attorneys will spend most of the time investigating the claims of each party for the case. Therefore, it's wise to work with a professional who understands the law. It might help get a faster settlement, though that's not guaranteed.
The free consultation will shed light on how long it will take to reach a settlement amount. However, the victim might still not get the money immediately once a judge rules or the parties agree. Many times, the insurance companies, lawyers, and jury calculate compensation once the treatment is completed for the injury. This isn't always possible for severe injuries. Schuerger Shunnarah Trial Attorneys can answer questions like Is it legal to settle car accident privately in Tennessee?
What's the Difference Between Car and Motorcycle Accident Insurance?
Both car and motorcycle accident insurance seem similar, but they vary in different ways. Typically, an average insurance policy on a motorcycle is about 30 percent less than for car insurance. However, insurance rates can be affected by age, driving record, and other factors. In most cases, a secure vehicle comes with more affordable insurance.
However, motorcycle riders are likely to experience more damage and injuries, so they could get a lower settlement value. Insurance companies claim that they knew the risks and chose to drive a motorcycle anyway. Contact Schuerger Shunnarah Trial Attorneys for questions such as What is the most common causes of motorcycle accidents?
What to Do After a Motorcycle Accident
Depending on the motorcycle injuries and severity of the situation, a victim can be overwhelmed. They might have followed safety precautions and taken all measures possible, but they still got into an accident. Here are a few steps to follow to help with the motorcycle accident claim later:
Check thoroughly for injuries
Report the accident to the police
Collect evidence of the accident scene for the motorcycle accident lawsuit
Get medical attention as quickly as possible
Contact an attorney who handles motorcycle accident settlement cases and schedule a free case evaluation
Contact the insurance company
Try to collect personal information from the other parties involved
When one follows the steps above, they will work on building a strong case. That doesn't automatically guarantee a great outcome, but it's ideal to be prepared.
Does One Need to Call a Personal Injury Lawyer?
It's not mandatory to work with an experienced motorcycle accident attorney to file the claim. However, it's wise to have legal counsel because the professionals know how to collect the evidence and information relating to the motorcycle accident case. Typically, motorcycle accident cases settle for much less money than they should because the insurance provider is focused on giving the least amount possible.
Victims must contact an attorney who will fight for them and wage war for a fair settlement during the motorcycle injury claim. Typically, these lawyers offer free consultations. During that time, victims will determine how long they'll wait, the amount of compensation they might get, and have legal representation throughout.
Motorcycle and car accidents are things that happen every day. Even if the victims do everything right, they cannot predict what the other drivers will do. It's crucial to understand what an average motorcycle accident settlement might include. Victims have the right to sue for pain and suffering, lost wages, medical bills, and much more.
Typically, they will need help to prepare the case and get a fair settlement amount. These cases often take significant amounts of time and effort, so it's wise to work with a lawyer.
Likewise, each case is different, so it's impossible to guarantee a fixed compensation amount. Overall, the best thing is to avoid an accident and wear the safety equipment recommended for motorcyclists. Still, it's possible to be in such a situation. However, the attorney will find it easier to get damages because someone else was negligent.
Serious injuries are possible to the motorcycle rider or driver, and it's crucial to start a personal injury lawsuit as soon as possible. This way, the personal injury attorneys at War for Nash can build a case quickly, ensuring that the at-fault driver is held accountable for their actions.
Please contact War for Nash to request a free case evaluation. It's difficult to fight the insurance companies alone, and personal injury cases can become overwhelming quickly. Don't go through it all alone!