Personal Injury Law
Motorcycle Accident Lawyer
Motorcyclists have a right to the road, but their safety often ends up overlooked. Drivers are less accustomed to watching for motorcycles, and are part of the reason that cyclists are anywhere from 25 to 30 times more likely to get into an accident. In addition to being more likely to endure a crash, these accidents tend to be more serious than other types of crashes, resulting in serious injuries and fatalities for the rider.Contact Us
Motorcycle Accident Lawyer: Our Approach
As a motorcyclist, you’re entitled to the road just as much as anyone else, and Davis Law Group knows that. Motorcycle accidents tend to have serious consequences, including everything from needing a new vehicle to the loss of a life. These incidents are life-changing, family-altering, and may require a lifetime of medical treatment. While no compensation will return your life to normal after a motorcycle accident, our experienced attorneys can lessen the burden incurred.Contact Us
When to Turn to a Motorcycle Accident Lawyer
Motorcyclists share the same rights and responsibilities as other motor vehicles on the road. When another driver operates their vehicle with negligence, they are putting others at risk, including motorcyclists. Motorcycle accidents are commonly due to head-on collisions, left-hand turns, lane splitting, and more. The effects of this type of accident include severe damages, life-changing injuries, or loss of life. If you or someone you love have been injured or affected by a motorcycle accident, it is important to call a skilled attorney. Turn to the professionals at Davis Law Group.
Why Davis Law Group?
Davis Law Group was founded in April 2013 by Josh Davis, a personal injury lawyer who was passionate about bringing justice to those who were wronged and making a positive difference in their lives. The team of lawyers at Davis Law Group has the experience, knowledge, and credibility necessary when it comes to approaching and navigating motorcycle accident cases. We understand how critical these cases are, and will provide the legal support our clients need and deserve, allowing them to feel confident in knowing that their best interests are at the forefront while they focus on healing.Contact Us
Common Causes of Motorcycle Accidents
Speed limits were designed to keep those traveling on the road safe. When people decide to speed, they are endangering others. Speeding on the road reduces the chances of drivers seeing and reacting to other people, especially motorcyclists. With little to no time to react, collisions cannot be prevented by the careless driver. In addition to a higher likelihood of crashing, the high speed means greater impact and more severe consequences.
Driving under the influence of alcohol or non-medicinal medications is not only illegal, but incredibly dangerous. Despite this common knowledge, people still get behind the wheel and engage in intoxicated driving. Alcohol and drug use can affect a driver’s judgement and their reflexes may be slowed, increasing the risk of an accident. Perpetrators of accidents stemming from the use of alcohol or drugs may face civil and criminal liability in addition to owing monetary compensation.
Those just beginning to drive may not be as defensive or confident as other drivers. They may fail to follow all of the rules of the road or get distracted, causing them to be less alert to their surroundings. An inexperienced driver’s actions can lead to a potential motorcycle accident. A driver may forget to check their blind spot before completing a lane change or suddenly brake without giving a motorcyclist enough time to stop.
Drivers have a responsibility to pay close attention to the road and operate their vehicle without compromising the safety of other motorists, bicyclists, and pedestrians. Unfortunately, drivers do not always make the best decisions and can become distracted. Eating, drinking, texting, looking up directions, or even changing the radio station can take attention away from the road. This can lead to dangerous driving practices and unfortunately, tragic consequences for the parties involved.
Dangerous Road Conditions05
It is the responsibility of a motorcyclist to operate their bike respectfully and responsibly to prevent accidents from occurring. Unfortunately, accidents don’t always happen because of their negligence. Dangerous road conditions are often the culprit of motorcycle accidents, including weather conditions like rain, sleet, snow, and wind. Additionally, crumbling pavement, potholes, fallen debris, and lack of roadside signage can force even the most careful of drivers to lose control of their vehicle, resulting in accidents.
Rear-end accidents are usually the result of following too closely, also known as tailgating, or stopping abruptly for any number of reasons. These accidents are deadly to passengers in cars and may result in pile-ups, making them even more dangerous to motorcyclists who have no barrier between themselves and other drivers. If struck, a motorcyclist can be ejected from their bike and suffer from road rash, broken bones, life-threatening injuries, or even loss of life.
Because motorcycles are less common on the road, automobile drivers’ brains are not as attentive to them. Combined with generally unsafe driving practices such as careless and abrupt lane changes, speeding, failure to check blind spots, and disregard for signal use, motorcyclists are often at the receiving end of driver error. A driver’s negligence can cause serious consequences for a motorcyclist, including head injuries, neck and back injuries, or even death.
When you drive your motorcycle, you put trust into its ability to function reliably and as expected, getting you to where you need to go safely. However, this is not always the case. In the event of poorly designed or manufactured motorcycles, the manufacturer can be held liable for any accidents, injuries, or deaths originating from the defective part. Common motorcycle parts that can be defective include the brakes, tires, handlebars, and engine.
Types of Motorcycle Accidents We Deal With
Head-on collisions occur when the front of two vehicles crash into one another while traveling in opposite directions. When a motorcycle is struck by another vehicle head-on, the consequences can be catastrophic. This type of accident is often caused by a negligent motorist who may be driving distracted, driving while intoxicated, speeding excessively, and failing to make safe passes or lane changes. A head-on collision may cause the motorcyclist to be thrown off the bike, resulting in severe injuries or even loss of life.
Left-hand Turn Accidents02
It has been reported that 36 percent of fatal motorcycle accidents are caused by motor vehicles making a left-hand turn. Motor vehicles are responsible for following the rules of the road, which includes yielding to oncoming traffic at intersections when trying to make an unprotected left-hand turn. In many instances, motorists fail to see motorcycles or are distracted when attempting to turn left, triggering an accident that can lead to serious injuries or even death.
Lane-splitting refers to when a motorcyclist rides in between two lanes of traffic. In slow-moving traffic, many motorists do not anticipate a motorcycle next to them. A motorcycle accident is likely to occur if a driver attempts to change lanes suddenly, is weaving in and out of traffic aggressively, or becomes distracted and begins to drift into the lane next to them. While blame is typically placed on the motorcyclist, the negligence of other drivers can prove otherwise.
Hitting Fixed Object04
Objects that are fixed on or beside roadways can pose a dangerous threat to motorcyclists. Some common objects that can cause accidents include guardrails, median barriers, traffic signs, construction cones and materials, trees, stopped vehicles, and more. Motorcyclists are more vulnerable to injuries or even fatalities when coming into contact with a fixed object, as they can be thrown off their bike and suffer severe trauma. If an object has been improperly placed, a motorcyclist may not be liable.
A common cause of motorcycle accidents is road hazards. Examples of road hazards a motorcyclist may encounter include uneven roads, gravel, debris, animals, poorly maintained bridges, standing water, materials left behind from a construction zone, fallen objects, poor weather conditions, and more. Such hazards can cause a motorcycle to swerve, drive off the road, and more. Liability for an accident may fall on different entities depending on the type of hazard that was involved.
When a passenger vehicle or truck stops suddenly or unexpectedly, a motorcycle can rear-end them or swerve off to avoid hitting them. An accident caused by a sudden stop can result in serious consequences for the motorcyclist. He or she can be ejected from the bike and suffer from road rash, broken bones, or other life-threatening injuries. To avoid this type of accident, all drivers must be attentive and keep a safe distance from others who are traveling.
While parked on the side of the street, a driver or passenger may fail to look before opening their car door. When this happens, it is possible that other motorists as well as motorcyclists traveling toward that direction could crash into the open door. As a result, a victim may sustain serious injuries. Other causes of open car door accidents include vehicles parking in an illegal zone, poor weather conditions, and road hazards.
Unsafe Lane Changes08
A driver’s negligent behavior can have serious repercussions. When changing lanes, it is important for a driver to check their blind spots, use the proper turn signal, and have enough room to safely execute the maneuver. Motorcyclists can become victims of accidents when these steps are not taken. Side-swipe accidents are common when drivers attempt to make an unsafe lane change. The consequences of an unsafe lane change include critical injuries to the motorcyclist or worse.
Preventing Motorcycle Accident Related Injuries
According to the National Highway Traffic Safety Administration, 80 percent of motorcycle accidents result in injury or death. To prevent accident-related injuries, a motorcyclist should wear protective gear including a helmet, wear bright colored clothing to be better seen by other motorists, be aware of the road conditions, avoid riding in poor weather conditions, steer clear of vehicles' blind spots, follow posted speed limits, and more. Motorcyclists should also make sure to get their bike inspected, ensuring that it is functioning properly.
What to Do After You’ve Been in an Accident
Call 911 (if emergency)01
If you have been involved in a motorcycle accident, it is important to move yourself to the side of the road, if possible, to avoid further damage or injuries. Contact 911 if the parties involved have sustained serious or life-threatening injuries that require immediate medical attention and treatment. When police officers arrive at the scene, they can assist with the redirection of traffic as well as with gathering information regarding the accident.
Seek Medical Care (if needed)02
Motorcycle related injuries can be devastating, causing life-long health complications or even loss of life. If you have been injured in a motorcycle accident, it is crucial that you are given proper medical attention. You can be transported via ambulance or, in less severe cases, taken to the doctor by a close friend or family member. If you need attention at the scene, wait for first responders before removing any protective gear. Delaying medical care can result in injuries worsening.
Exchange Insurance Information03
If you’re able to, exchange insurance information with the parties involved at the scene of the accident. Those with insurance coverage should be carrying an insurance card containing their name, their address, their insurance company and policy number, the make, model, and year of their vehicle, vehicle identification number, and the date the policy went into effect as well as its expiration. An officer at the accident site can assist with gathering information and later provide those involved with an official report.
Photos of Scene04
Visual evidence of the accident can prove to be useful when building a defense against the other driver or drivers involved. It is important to take pictures of any damage to the motorcycle and other vehicles, the location of the accident (intersection, highway, etc.), visible traffic signs, road hazards that may have contributed to the crash, and the weather conditions. Photos may help an insurance company determine who was at fault as well as allow you to receive fair compensation for any damages and injuries.
Identity and Contact Information of Witnesses05
Witness testimony is key with motorcycle accidents cases. A witness can attest to what occurred, which can help determine who was at fault. If you are able to do so, write down the names and phone numbers of witnesses at the scene so that they can provide you with a statement of what happened. If you sustained a serious injury and do not recall the accident, a witness’ account of the accident is critical.
Documenting a motorcycle accident is necessary in order to provide your insurance company with a comprehensive report when filing a claim. Significant details you will want to include in your report consists of the date and time of the accident, the location in which it occurred, the road conditions, weather conditions, the number of vehicles involved as well as the names of all drivers and passengers, witness information, and any damages and injuries incurred.
Report the Accident07
After you have completed documenting the accident, it is time to file a claim with your insurance company. Make sure to provide the company with any visual evidence you may have gathered as well. Before reporting the accident, it may be helpful to seek legal advice from a personal injury lawyer who specializes in motorcycle accident cases. A lawyer can guide you through the process of filing a claim, ensuring you are given the compensation that you deserve.
Call Davis Law Group08
When you are ready to report a motorcycle accident, it is important to contact the knowledgeable and credible motorcycle accident lawyers at Davis Law Group. Our firm makes it a top priority to hold those involved accountable for their actions and ensure you are financially compensated for any damages or injuries you incurred. We understand how traumatic and overwhelming motorcycle accidents can be for the victim and their family. We want to help.
Motorcycle Driver Laws and Regulations
Motorcyclists are required to abide by the laws and regulations set forth by their state. This includes wearing a helmet, using daylight headlights, lane splitting safely, allowing passengers, and more. While operating a motorcycle, one must ride responsibly, being aware of their surroundings and taking extra safety precautions. Motorcyclists must adhere to posted speed limits, obey traffic signs, use turn signals, have functional equipment, and ride with care when dealing with inclement weather or poor road conditions.
We Fight For Motorcycle Accident Victims
At Davis Law Group, we understand that accidents happen when we least expect them to. Our team of attorneys is committed to helping you or someone you love when it comes to holding those accountable for their actions and receiving fair compensation as a result of an injury or wrongful death caused by a motorcycle accident. We have the knowledge, experience, and resources necessary to represent our clients during difficult times.Contact Us
Motorcycle Accident Lawyer FAQs
What should I do if I’m involved in a motorcycle accident?
After treating immediate injuries, it is important to gather all documentation concerning the collision, vehicle state, insurance policies of both parties, and medical care. Bringing all information to an attorney allows us to properly assess the situation so you get the compensation you deserve with respect to damages.
What can I receive compensation for?
If fault is established in your case, you may receive financial compensation for past, current, and future medical bills as well as rehabilitation, lost wages during recovery, and decreased earning capacity. Especially in instances of death, compensation may be the only means of financial stability for you and your family.
What if the accident was my fault?
A motorcyclist’s negligent behavior can result in an accident, putting them at fault. Before admitting to anything or sharing details about the accident, it is important to contact a lawyer. It is possible that there were more factors involved contributing to the accident. A lawyer can help a motorcyclist communicate with an insurance company.
Do I need a lawyer if the accident wasn’t my fault?
If you were involved in a motorcycle accident that wasn’t your fault, it is best to seek legal assistance from a trustworthy and experienced lawyer. A lawyer can help you obtain fair financial compensation. By conducting a thorough investigation, a motorcycle accident lawyer can also help you build a strong case in the event you need to file a personal injury lawsuit.
Should I accept a settlement?
The aftermath of a motorcycle accident can be life-changing. The burden may be lessened with financial compensation. An insurance company may present you with a settlement offer, but there’s a chance it may not be reasonable. In a situation like this, you do not have to accept and can fight for what you are entitled to.
Should I get medical attention even if I feel ok?
There are instances where a victim of a motorcycle accident may not feel the impact of the accident right away. Failure to receive medical attention in a timely manner can result in worsening injuries or even devastating consequences. A doctor can determine if an injury has been sustained and recommend the necessary course of treatment.
Should I still hire a lawyer for a minor accident?
To prevent wrongful blame from occurring, hiring a motorcycle accident lawyer is ideal. Minor accidents can still cause serious damage as well as injuries that can arise a few days after initial impact. Motorcycle accident lawyers can work diligently to ensure you get the justice you are worthy of.
How long do I have to file a lawsuit for personal injuries/property damage?
If you are involved in a motorcycle accident and are looking to file a lawsuit for personal injuries and property damage, you must do so within two years of the date in which the accident occurred. It is best not to wait. You should file as soon as possible in order to recover your damages.
Will I have to go to court?
When pursuing a motorcycle accident lawsuit, going to trial is not out of the question. While most lawsuits are able to be resolved without court involvement, in some cases, a settlement may not be easily agreed upon or liability may not be established, resulting in the need for a trial.
How long will it take to resolve my case?
Resolution of a case is dependent upon when the motorcyclist is released from medical treatment, response from the insurance company, and paperwork collection. After an accident, many clients want a settlement as soon as possible. Premature settlement, however, doesn’t address the true impact of wage loss and expenses that build up post-case settlement.
Why do I need a lawyer?
Motorcycle accidents are critical cases that can overwhelm you and your family. Their severity should be dealt with by a lawyer due to complicated litigation and, more importantly, so you can focus on healing. Insurance companies tend to try and blame motorcyclists, and it’s important to have someone experienced and knowledgeable on your side.