Autor: Shelby Benavidez <\/p>\n\n\n\n
After a motorcycle accident, most people aren\u2019t immediately thinking about filing a lawsuit. Their only concern is likely to get through the day. Doctor visits, missed work, dealing with pain\u2026 that all comes first. <\/p>\n\n\n\n
But at some point, the question shifts from \u201cAm I okay?\u201d to \u201cWhat happens next?\u201d <\/p>\n\n\n\n
Insurance adjusters will start sending offers, medical bills will continue to mount up, and you may quickly realize the offer you\u2019re getting isn\u2019t going to cover those bills. The motorcycle crash lawsuit process isn\u2019t something most people are familiar with, and there\u2019s a lot of mixed information out there about timelines, settlements, and what to expect. <\/p>\n\n\n\n
Here\u2019s what every motorcyclist needs to know about how a motorcycle crash lawsuit works, so you can better understand what to expect and how to protect yourself moving forward. <\/p>\n\n\n\n
Motorcycle riders face significantly higher risks on the road compared to drivers of passenger vehicles. According to national data, motorcyclists are 28 times more likely to be seriously injured or killed in a crash<\/a>. <\/p>\n\n\n\n Motorcycles can be dangerous in a crash because they offer less protection. There\u2019s no steel frame, no airbags \u2013 just you, your gear, and the road. What might be considered a minor accident between two cars can quickly become much more serious for a motorcyclist. Even a small bump from another vehicle can cause a bike to lose balance, tip over, and throw the rider onto the road. <\/p>\n\n\n\n This is why many motorcyclists need a motorcycle accident attorney after a crash. Insurance companies may try to downplay what happened, suggesting the impact was minor, so injuries can’t really be that serious. But as we\u2019ve discussed, it doesn\u2019t take much force to cause significant harm on a motorcycle. <\/p>\n\n\n\n One of the leading causes of motorcycle crashes is driver error, which is true for most types of accidents. Many motorcycle accidents happen when a driver turns left in front of an oncoming rider<\/a>, misjudging their speed or just failing to see them altogether. <\/p>\n\n\n\n Other common scenarios include drivers changing lanes without checking their blind spots, following too closely, or simply not noticing a motorcycle in traffic. Motorcycles are smaller and easier to overlook, but that doesn\u2019t excuse careless driving. Drivers have a responsibility to double-check for motorcycles before making a move. <\/p>\n\n\n\n Motorcycle crashes frequently result in life-altering injuries such as full-body road rash, multiple broken bones, and spinal cord damage. However, the most common injury in a motorcycle accident is head and brain injuries \u2013 even while wearing a helmet. Helmets are proven to be 37% effective in preventing fatal injuries, yet in 2023, 64% of riders involved in fatal crashes were wearing helmets<\/a>. <\/p>\n\n\n\n In a perfect scenario, an attorney would be your second call after 911. Once an attorney is signed to your case, the motorcycle accident claim process can begin. <\/p>\n\n\n\n 1. Medical Treatment<\/p>\n\n\n\n After any crash, especially on a motorcycle, you should always seek medical treatment. Even if you think you\u2019re fine, some internal injuries take time to start showing symptoms. Getting medical care as soon as possible will help protect your health and your claim. In fact, medical treatment is the main driver of your claim \u2013 it can\u2019t go anywhere until you start treatment. A motorcycle accident attorney needs to understand the full extent of your injuries before they can determine what \u201cfull value\u201d really is in your case. <\/p>\n\n\n\n 2. Investigation<\/p>\n\n\n\n While you continue with treatment, the motorcycle accident investigation process begins. Your attorney will start gathering police reports, witness statements, photos, and possibly expert analysis. An experienced and qualified attorney may hire private investigators to help collect evidence that isn\u2019t immediately available. <\/p>\n\n\n\n 3. Insurance Demand<\/p>\n\n\n\n Once your doctor has conducted a thorough analysis of your injuries and develops a treatment plan, your attorney will compile your medical records and all evidence to draft a demand<\/a>. This is a letter to the at-fault driver\u2019s insurance company outlining your injuries, damages, and a specific dollar amount that would make you whole. <\/p>\n\n\n\n 4. Negotiation\u00a0<\/p>\n\n\n\n Unfortunately, not all insurance companies offer full value right away. More likely than not, they will send a counteroffer. In this stage, there will probably be a lot of back-and-forth between the insurance company and your attorney. <\/p>\n\n\n\n 5. Filing a Lawsuit (if needed)\u00a0<\/p>\n\n\n\n If negotiations are unproductive or have completely stalled, your attorney should formally file a motorcycle crash lawsuit. If your attorney is unwilling to file a lawsuit, this may be a red flag. Any confident attorney will be trial ready, even if your case doesn\u2019t make it all the way to trial. <\/p>\n\n\n\n 6. Discovery Phase<\/p>\n\n\n\n During the discovery phase, both sides exchange evidence and information they may use if the case goes to trial. This can include documents, medical records, and witness details. It also often involves depositions, which are sworn, out-of-court testimonies<\/a> from the rider, drivers, and other witnesses. These depositions give attorneys the opportunity to gather more information, evaluate credibility, and refine their strategy moving forward. <\/p>\n\n\n\n 7. Mediation\u00a0<\/p>\n\n\n\n Even after a lawsuit is filed, negotiations will continue up until your actual trial date. Mediation is a last-ditch effort to reach a settlement before taking your case in front of a judge or jury. Both sides will meet (usually in separate locations), while a neutral third-party mediator goes back and forth between them, helping facilitate discussions and work toward a resolution. <\/p>\n\n\n\n The mediator doesn\u2019t make a decision or force either side to agree. Instead, they help both parties better understand the strengths and weaknesses of the case, clarify any misunderstandings, and explore whether a fair settlement can be reached. Many cases are resolved during mediation. <\/p>\n\n\n\n 8. Trial\u00a0<\/p>\n\n\n\n If mediation and negotiations are unsuccessful, your case will go to trial. There are two types of trials: a bench trial, where a judge decides the final verdict<\/a>, and a jury trial, where a jury of 12 volunteers decides the final verdict. While a trial may sound scary, it\u2019s sometimes necessary to make sure you are getting every penny that you deserve for your injuries. <\/p>\n\n\n\n Understanding these motorcycle accident legal process steps can make the experience feel far less intimidating. <\/p>\n\n\n\n We\u2019re asked this question a lot, but the unfortunate truth is that it\u2019s impossible to say. No reputable attorney will make a promise to have your case resolved within a certain time frame because that would mean leaving money on the table. <\/p>\n\n\n\n Some cases settle in a few months, while others take a year or more. It all depends on the severity of your injuries, your treatment plan, whether fault is disputed, and whether the insurance company is willing to cooperate. <\/p>\n\n\n\n In general, cases take longer when they\u2019re more complex, but those are often the cases where patience can lead to a much higher motorcycle accident lawsuit settlement. It may feel tempting to accept a lowball offer to just put the case behind you, but doing so may cost you thousands in the long run. Once you accept a settlement offer \u2013 that\u2019s it. Your case is closed forever. You can\u2019t go back and ask for more money if your injuries continue to worsen. <\/p>\n\n\n\nWhat is the #1 Cause of Motorcycle Accidents?<\/strong> <\/h4>\n\n\n\n
What is the Most Common Injury in a Motorcycle Accident?<\/strong> <\/h4>\n\n\n\n
Motorcycle Crash Lawsuit Timeline<\/strong> <\/h2>\n\n\n\n
Motorcycle Accident Claim Process<\/strong> <\/h4>\n\n\n\n
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How Long Do\u00a0Motorcycle\u00a0Accident\u00a0Settlements Take?\u00a0<\/h4>\n\n\n\n
At What Stage Do Most Lawsuits Settle?<\/strong> <\/h4>\n\n\n\n