Motorcyclists are much more at risk on the road and are more likely to be injured or killed than car occupants. Motorcycle accidents cost billions of dollars per year in costs such as emergency services, rehabilitation, property damage, lost wages, loss in household productivity and insurance costs, according to Insurance Information Institute. Older riders appear to sustain more serious injuries than younger riders.
COMMON CAUSES OF MOTORCYCLE ACCIDENTS
Motorcycle riding is much riskier than riding in a car – this is not a surprise to anyone. Further, compared to car accidents, motorcycle crashes are more likely to result in death or serious injury. Some of the common causes of motorcycle accidents are:
- Unsafe lane changes
- Driving distracted
- Excessive speed
- Sudden stops in traffic
- Motorcycle defects
- Alcohol or drugs
- Visibility and weather
- Hazards on the road
In most motorcycle crashes, other drivers are found to be responsible for the crash. An individual is negligent when their behavior falls below the standard of care of a “reasonable person”. The “reasonable person” standard is an objective test in personal injury cases that jurors use to decide if a defendant acted like other people would have in the same situation. There are different standards that may apply to different types of defendants and circumstances.
Certainly, the motorcycle rider might also be the negligent party. A biker who is intoxicated that swerves in front of another vehicle, causing an accident, would likely be liable for injuries sustained by other drivers and passengers.
MOST COMMON INJURIES SUSTAINED IN MOTORCYCLE ACCIDENTS
Motorcycle injuries can be catastrophic in many instances. Any part of the body can be injured in a motorcycle crash due to obvious risks involved and lack of safety mechanisms such as airbags or seat belts. Some of the common injuries that a rider may sustain as a result of a motorcycle accident include:
- Traumatic brain injury (TBI)
- Spinal injuries
- Internal bruising and injuries
- Fractures of the bones
- Injuries of limbs
- Road rash from road surface
COMPENSATION FROM MOTORCYCLE ACCIDENTS
Individuals involved in motorcycle accident caused by someone else’s negligence can pursue special and general damages for their injuries including but limited to:
Special damages (or “economic damages) are quantifiable, losses arising from the injury include but are not limited to:
- Lost earning capacity
- Lost wages
- Cost of medical treatment (past and future)
- Funeral and burial expenses (in a wrongful death cases)
- Cost of repairing or replacing damaged property
General damages (or “non-economic losses) are more subjective losses that aren’t very easily captured by a dollar figure and depend on the severity of your injuries and evidence present, including the aggravating factors in the case:
- Pain and suffering
- Shock and mental anguish
- Loss of enjoyment of life
- Loss of consortium, society and companionship
- Duties under duress
- Emotional distress
WHY CHOOSE ARATTA LAW FIRM?
At our firm, every injured client will be in direct contact with an attorney. Many large corporate law firms end up transferring you to a case manager – you never speak to an attorney directly and your case becomes part of the mill.
At our firm, we do things different. We pay close attention to every individual case, from the inception and throughout the process of the claim / lawsuit. Our diligence and attention to detail result in consistent higher settlements, which adds up to a higher compensation for you, the client.
ATTORNEY’S ABILITY TO NEGOTIATE
Even though you may have a solid personal injury claim, the skill and the attentiveness of your attorney can also considerably impact how much compensation you will receive for your injuries. If your injury claim is negotiated by a case manager, assigned to your file at a firm, and not an attorney, your claim may end up settling for a lesser amount. This is because adjusters know who they’re dealing with and how aggressive the firm is when settling injury cases. Insurance adjusters also know who they can bully into accepting lower settlements.
An attorney’s ability to negotiate a settlement is, in many ways, the most important skill an attorney possesses. Lawyers who are effective negotiators know the importance of timing, preparation and strategy. That being said, our firm recognizes the importance of precision, timing and subsequent results, which is the foundation of Aratta Law. At our firm, nothing happens by luck but by great preparation and good strategy.