What Can Injured Motorcyclists Legally Claim? A Breakdown of Your Rights

After a motorbike accident, the road to recovery and a motorcycle injury claim is rarely simple. Navigating the legal maze while dealing with injuries is just adding stress to an already difficult circumstance. You’re experiencing the thrill of the open road one minute, and then you’re dealing with repairs, medical bills, and possibly even incapacity the next. 

However, the good news is that you don’t have to travel alone. Being aware of your legal rights as an injured biker can make the difference between you having financial difficulties and receiving the compensation you are due to help you start over.

Understanding Your Legal Rights Following a Motorcycle Accident

When the dust settles after an accident, most riders are overwhelmed by what lies ahead. The legal system presents several pathways for compensation. There are benefits and drawbacks to pursuing a motorcycle injury claim, bringing a personal injury lawsuit, and paying out of court.

After a motorbike accident, claimants have the right to hold the at-fault party accountable for pain and suffering, lost wages, and medical bill reimbursement. If defective parts were the reason for your accident, you may be able to sue the motorcycle manufacturer, another driver, or the government organization in control of dangerous road conditions.

Keep in mind that the statute of limitations, which most states have, allows you to make a claim within one to three years. If you miss this window, you may lose your right to compensation altogether. The clock begins running from the accident date, so taking notes and speaking with a legal expert sooner rather than later places you in the best position to guard your rights.

What Rights Do You Have for a Motorcycle Injury Claim?

If you face a motorcycle accident, the following are the major rights you need to be aware of:

1. Pursuing Financial Compensation

When you face an accident, you can file a motorcycle injury claim and a civil lawsuit, or you can file any one of them. However, you can make a civil lawsuit only when someone else was responsible for your accident. 

Here, you can file a civil lawsuit for someone else’s negligence. It means that the other party failed to act with proper care.

2. Hold the Faulty Party Accountable

Depending on the state you are in, you can hold the at-fault party accountable for the accident. Here, you can sue the party for financial damages. However, if you want to sue another party, you need to hire a personal injury lawyer to help you.

Apart from that, you also have the right to file your motorcycle injury claim for someone who is not directly responsible for the accident. For instance, if you face an accident due to a manufacturing defect, you can sue the manufacturer.

3. Negotiating with Your Insurance Provider

Your insurance provider will offer you a settlement at first. If you do not think it is enough, you do not need to accept it. Also, it is not a good idea to rush for a settlement agreement until you bring your case for review.

Apart from that, insurance companies also have the tendency to undervalue motorcycle accident claims.

4. You Can Bring Your Case to Court

In some cases, you can get to a settlement outside of court. However, if you are not okay with the settlement, you can file a civil lawsuit against the perpetrator in court. Generally, a court trial is crucial if your insurance company refuses to offer you a reasonable amount.

5. You Must Hire an Attorney

It is unwise to represent yourself in an insurance settlement negotiation if you are the victim of a motorcycle accident. Hence, you must consider getting a personal injury lawyer to act as your advocate and legal representative in court. Also, a good lawyer will increase your chances of winning the case and get your motorcycle injury claim.

What Compensation Can You Pursue?

A motorcycle wreck costs you something like hitting you with a ton of bricks. The bills roll in sooner than you can get the letters out of the envelopes. Between the ER visits, surgeries, therapy, and potential lifetime care, the expenses soar.

However, that is only the beginning. When injuries keep you off work, those missing paychecks create another financial crater. Even worse, some injuries might limit your earning potential forever. Legal claims can address immediately lost wages and the projected future earnings you’ve lost due to your injuries.

Don’t leave out your gear and bike. High-quality bikes and safety gear are not cheap; you should receive compensation for repair or replacement.

Perhaps the most misunderstood claim involves pain and suffering. The physical agony, emotional distress, and decreased quality of life you experience have real value in legal terms. While no amount of money erases trauma, compensation acknowledges the invisible wounds that don’t show up on X-rays but affect your daily life just as profoundly.

Common Challenges Motorcyclists Face

The following are some of the common challenges all motorcyclists (including you) face:

1. The “Reckless Biker”

Let’s face it – motorcyclists often start with a strike against them. Despite what happened, the “reckless biker” stereotype can influence everyone, from insurance adjusters to jury members.

2. Insurance Companies Do Not Play Well

Insurance companies play hardball, using every trick to minimize your motorcycle injury claim. For instance, they might pressure you to accept lowball offers before fully understanding your injuries. In fact, they will twist your words from recorded statements.

3. It Is Difficult to Get Your Hands on Evidence

The evidence battlefield makes or breaks your case. Without proper documentation of the accident scene, witness statements, and thorough medical records, proving fault becomes exponentially more complicated. 

On the other hand, weather conditions wash away skid marks, witnesses disappear, and memories fade. These factors undermine your motorcycle injury claim with each passing day.

Are You Making Your Claim?

The consequences of a motorbike accident turn life into disarray, yet being aware of your legal rights gives you a guidebook amid confusion. Each case is unique, yet a reality remains unchanging – prompt action and the right legal advice significantly enhance your prospects of getting the compensation rightfully yours.

Do you have some suggestions on how to make a motorbike accident claim? Consider sharing your ideas and opinions in the comments section below.

Read Also:

• 11 Steps to Take After a Motor Vehicle Crash
• Should I Get An Attorney After A Car Accident?
• What is the Role of an Expert Witness in a Car Accident Trial?