What Are My Legal Rights After a Motorcycle Accident?

Motorcycle accidents are among the most serious incidents on the road, commonly leading to life-altering injuries or even fatalities. Unfortunately, getting full compensation for your damages after a motorcycle accident may be easier said than done. The at-fault driver may try to blame you for the crash, or the insurance company might deny your claim, just to name a few scenarios.

Motorcycle accident claims can be complicated, but you have legal rights. Understanding your rights is essential to protecting your best interests and securing the financial compensation you deserve.

The personal injury attorneys at Johnson Attorneys Group are committed to guiding accident victims through every step of the legal process. Here are some important things to know about your legal rights following a motorcycle accident. 

The Right to Seek Medical Treatment

Motorcycles do not have the same protections as those in passenger vehicles, and accidents often leave motorcycle riders with severe injuries. One recent annual report showed that 77,591 motorcycle crashes in the US resulted in injuries. 

If you have been injured in a motorcycle accident, your health and safety should always be your first priority. After a motorcycle accident, you have the right to immediate medical care, regardless of who was at fault. 

Even if you believe your injuries are minor, it’s important to get evaluated by a medical professional. Some injuries, such as internal bleeding or traumatic brain injuries, may not present symptoms right away. 

Medical records provide vital evidence if you decide to pursue a personal injury claim.

The Right to Collect Evidence of the Motorcycle Accident

The more evidence you collect, the better your chances of recovering fair compensation for damages. The best time to gather evidence of the motorcycle accident is right after it happens and before evidence is lost or destroyed. 

If you are well enough at the accident scene, you can begin collecting evidence such as:

• Pictures or videos of your bike damage, injuries, debris on the road, or anything else that seems relevant
• Contact information of all parties involved in the crash
• Police accident reports
• Witness testimony from anyone who saw the incident

A motorcycle accident lawyer can help compile additional information to show what happened and demonstrate how the other driver was at fault. 

The Right to Full and Fair Financial Compensation for Your Motorcycle Injuries

You have the right to be made “whole” after a motorcycle accident. This means you receive full and fair compensation for your losses. Insurance companies often attempt to settle claims quickly for less than what accident victims deserve. 

Depending on the circumstances, you may be entitled to recover a wide range of damages, including:

• Economic damages: Economic damages cover medical expenses, lost earnings, rehabilitation costs, and property damage
• Non-economic damages: Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement
• Punitive damages: In rare cases involving reckless or intentional misconduct, courts may award punitive damages to punish the wrongdoer

Don’t accept a settlement without first understanding the full extent of your injuries, future medical needs, and other losses. 

The Right to Hold Negligent Parties Accountable

If you were injured due to another party’s negligence, you have the right to file a personal injury claim. Negligence occurs when a person or entity fails to exercise reasonable care, resulting in harm to another. 

Common examples include:

• Drivers failing to yield to another motorist
• Distracted or impaired driving
• Poorly maintained roadways
• Defective motorcycle parts

You must establish 3 elements to prove negligence:

1. The defendant owed you a duty of care
2. The defendant breached that duty
3. The breach caused your motorcycle accident, and you suffered damages

The Right to Decline Speaking to the Other Party’s Insurance Company Without Legal Representation

After an accident, you may be contacted by the at-fault party’s insurance company. It’s important to remember that insurance adjusters are not on your side. Their goal is to get you to settle for as little of a dollar amount as they can. 

Remember, you have the right to decline to give recorded statements or sign documents without first consulting your motorcycle accident lawyer. Speaking with an experienced lawyer ensures that your rights are protected and that you do not inadvertently harm your case. 

The Right to Be Free From Unfair Blame

Insurance companies and opposing parties may try to shift the blame onto you to reduce their liability. However, many states follow “comparative negligence” laws, which allow you to recover damages even if you were partially at fault, although compensation may be reduced accordingly. 

A motorcycle accident lawyer can help protect your rights and ensure that fault is fairly assigned. 

The Right to Hire a Personal Injury Lawyer

You have the right to hire an attorney to advocate for you. 

A skilled motorcycle accident lawyer will:

• Investigate the accident
• Gather and preserve crucial evidence
• Work with experts to reconstruct the crash
• Handle negotiations with insurance companies
• Prepare your case for trial, if necessary

A personal injury lawyer’s experience can be invaluable in maximizing your reward or settlement. 

The Right to File a Personal Injury Lawsuit

If a fair settlement cannot be reached through insurance claims, you have the right to file a personal injury lawsuit against the responsible parties. This legal action can help you recover the full extent of your damages, especially if the insurance policy limits are too low to cover your losses. 

Be aware of the statute of limitations in your state. Most states have a statute of limitations of between 1 and 4 years from the date of the accident. Failure to file within this time frame could mean losing your right to compensation. 

Get Legal Help After Your Motorcycle Accident

A motorcycle accident can upend your life in an instant. Fortunately, the law provides the rights and protections to help you recover physically, emotionally, and financially. 

At Johnson Attorneys Group, we understand the unique challenges faced by motorcycle accident victims. We are committed to fighting for your rights and securing the maximum compensation available under the law. 

Our legal team has the skills, resources, and dedication needed to help you rebuild your life after a devastating motorcycle accident. Contact us today for a free consultation. There’s no fee unless we win your case.