Motorcycle Accident Attorney

With the lack of protection for the riders, motorcycle accidents can be hazardous. They can result in catastrophic injury including some that can be life-changing. If you or your loved one suffered a motorcycle accident, you will file a claim or lawsuit to recover compensation. The legal challenges that follow can often be overwhelming. We welcome you to allow us at Armada Law, LLC, to fight for your rights and ensure you get the maximum possible compensation for your suffering.

Our Motorcycle Accident Lawyers Can Help You Through Each Step of Your Motorcycle Accident Case

The legal process for an insurance claim or lawsuit involves several steps. Any mistakes during the process can jeopardize your case such as missing deadlines, errors in paperwork, submitting inadmissible evidence, or not gathering enough evidence. Our motorcycle accident lawyers from Armada Law, LLC, have extensive experience in motorcycle accident cases and can guide you through each step of the process.

It all starts with an initial consultation, during which we will assess your case and guide you on your best legal options. If you hire us to fight for your rights, our legal team will start preparing for the case by investigating the motorcycle accident, compiling all necessary legal paperwork, and handling other legal processes.

Our team will file a claim with the relevant insurance company seeking compensation for your suffering. The insurance company will review the claim and decide to either accept, deny, or negotiate. Our attorneys are skilled at negotiation and will work tirelessly to ensure you receive the maximum compensation possible. If the insurance company offers an unfair settlement, we will not hesitate to push back on your behalf. If needed, we can take them to court to advocate for your rights.

At Armada Law, LLC, we believe in open and transparent communication with our clients. We like to keep our clients informed about the process. If our clients have any questions or concerns or need clarification on any matters, they can easily reach us. Remaining accessible through the process is an important part of our commitment to providing exceptional legal representation. We understand how challenging it can be to handle the legal process while trying to recover from a motorcycle crash. That is why we strive to streamline the legal process so our clients can focus on recovering from the collision and getting their lives back on track.

Common Motorcycle Crash Injuries Our Motorcycle Accident Lawyers Have Experience With

The lack of protection offered by a motorcycle compared to a vehicle means that riders are at an increased risk of suffering injuries. Unfortunately, motorcycle accidents can result in life-altering injuries, and that is why riders must wear helmets and other protective gear. In addition, they must ride carefully, avoiding any risks that can lead to an accident. Here are some of the most common motorcycle accident injuries.

Traumatic Brain Injuries

The head is a vulnerable part of the body. Any damage to the head can lead to injuries, including traumatic brain injuries (TBIs) such as concussion contusions and diffuse axonal injuries. TBIs could be a result of an object hitting the head, jolt, or penetrating injury. Typical symptoms include blurred vision, headaches, loss of consciousness, and dizziness. However, more severe injuries can lead to more serious symptoms.

Spinal Cord Injuries

Spinal cord injuries are among the most serious outcomes of a motorcycle accident.

This type of injury can occur due to direct impact on the spine or damage to the neck or vertebrae.In the most severe cases, spinal injuries can lead to paralysis and other devastating injuries. Motorcycle jackets and helmets can help minimize the severity of injuries.

Burn Injuries

Motorcyclists can suffer burn injuries in various ways, including contact with hot surfaces such as the exhaust pipes or engine, chemical burns from leaks, or clothing ignition where the rider’s clothes catch fire. Burn injuries can range from mild first-degree burns to more severe third-degree burns. Treatment may require surgery, prolonged rest, skin grafts, and extensive medical treatment.

Broken Bone Injuries

Motorcycle falls and collisions often result in broken bone injuries in the pelvis, ribs, legs, arms, and other areas of the body. Depending on the severity of broken bones, the injured may require lengthy rest. If the broken bones don’t heal themselves, surgery may be required.

Internal Injuries

Internal injuries refer to damage to organs, tissues, or structures in the body. The most severe internal injuries damage vital organs such as the liver, lungs, kidneys, or spleen. The high impact of motorcycle collisions makes internal injuries familiar. The extent of internal injuries might not be evident immediately after the accident, and this is one of the reasons why a thorough health checkup is vital after a motorcycle accident.

Psychological Injuries

It is easy to overlook the impact of motorcycle crashes on mental health. The trauma of such an incident can have a lifelong impact on mental health. Victims can suffer from post-traumatic stress disorder, anxiety, depression, loss of enjoyment of life, and other issues. Just like physical injuries, these issues also need to be addressed by seeking professional treatment.

Our Motorcycle Accident Attorneys Are Familiar With These Types Of Motorcycle Accidents

Motorcycle accidents can happen in many ways, each presenting unique challenges, the potential for severe injuries, and the legal process for the victims to recover compensation. Here are some of the most common types of motorcycle accidents.

Head-On Collisions

Head-on collisions happen when a motorcycle strikes another road user or object on the road from the front. The full frontal impact of such collisions makes them extremely dangerous. These types of accidents often result in serious injuries, such as traumatic brain injuries, spinal injuries, and internal injuries, and can even lead to fatalities.

Rear-End Collisions

A rear-end collision occurs when a vehicle or motorcycle crashes into another from the back. The driver or rider in the back must maintain a safe stopping distance and speed, allowing them to brake without crashing into the vehicle or motorcycle in the front. The party in front must not brake unnecessarily or abruptly, which could lead to a rear-end collision. Rear-end collisions can be catastrophic for a motorcyclist who may be thrown from their bike, leading to severe injuries.

Rollover Collisions

Rollover collisions happen when the force of impact or loss of control causes the motorcyclist to tip over and roll. The rolling movement can cause multiple injuries to the rider, including severe abrasions, broken bones, and internal injuries. If their back or head strikes an object, the consequence can be severe.

T-Bone Collisions

T-bone collisions are caused when the front end of a motor vehicle smashes into the side of a motorcycle or when a bike stickers a car from the side. These types of accidents are known as T-bones because the impact forms a “T” shape at the point of contact. The motorcyclist can often be thrown off their bike in such accidents, increasing the risk of serious injuries. While such accidents can happen anywhere, they are most common at intersections where traffic is moving in different directions.

Hit And Run Collisions

A hit-and-run is when a road user collides with another and flees the accident site without sharing their contact information or waiting for the police to arrive. A hit-and-run accident is illegal, and the perpetrator can face legal consequences for their actions, including jail time. As the responsible party is often unknown in hit-and-run collisions, this can make it more challenging for victims to recover compensation.

Parking Lot Collisions

Parking lot collisions are dangerous because visibility is often limited, and vehicle movements are unpredictable. Even at low speeds, parking lot collisions can cause serious injuries, especially if the accident involves motorcyclists or pedestrians. Establishing liability in parking lot collisions is often challenging because of unclear traffic patterns.

Intersection Collisions

Intersection collisions involving motorcycles have been a major cause of concern, as they can often result in catastrophic injuries due to the complex dynamics of such accidents. While some road users are stopped or slowing down at intersections, others are passing by at high speeds. The complexity of intersection collisions is also legally challenging. Intersection accidents require thorough investigation to determine fault and establish liability.

Causes Of Motorcycle Accidents

Motorcyclist accidents can result from various factors, including human error, road conditions, and inclement weather. To successfully establish liability in a motorcycle accident case, you will need to identify and analyze the causes. Here are some of the common causes of motorcycle accidents.

Distracted Driving

Even a few seconds of distraction can cause a motorcyclist or driver to lose control of their vehicle or fail to react to sudden changes in road or traffic conditions. Looking elsewhere, eating, texting, or even daydreaming can be a distraction. Anything that causes the rider or driver to lose their concentration can result in an accident.

Hazardous Weather

Harsh or inclement weather challenges all road users. Motorcyclists are particularly vulnerable as their vehicles are more sensitive to weather conditions. Unlike cars, motorcycles have a smaller contact area with the road, which can lead to reduced traction on slippery surfaces in rain or snow.

Drunk Driving

Alcohol or drug use is a major contributor to motorcycle accidents. An intoxicated rider or motorist has impaired reaction times and diminished judgment, which significantly increases the risk of a crash. Those found guilty of DUI face serious consequences, including hefty fines and jail time. While there is a legal threshold for blood alcohol concentration (BAC) levels, even lesser concentration can impair driving ability.

Speeding

Speed limits are designed to guide road users on the maximum speed for road designs and conditions. Driving above the limits means the motorcyclist or driver has less margin for error and reduced time to react to sudden obstacles or changes in the road. Along with a higher chance of collisions, speeding can increase the severity of injuries in the crash.

Reckless Driving

Reckless driving is a broad term used to describe a wide range of aggressive and dangerous driving behaviors. These include abrupt braking, erratic lane changes, running stop signs and red lights, and tailgating. Not only is reckless driving illegal, but it is also dangerous and can lead to life-altering motorcycle accidents.

Drivers convicted of reckless driving face serious penalties, including fines and suspension of driver’s licenses. If the recklessness results in serious injury or fatality, or if the driver has a history of such behavior, they can even face jail time.

Road Conditions

Some motorcycle accidents result from road conditions such as slippery surfaces, poor road design, or debris on the road. Government entities are responsible for maintaining road safety. While they cannot control the weather and other conditions, they can take steps to minimize the safety hazards posed by such conditions. Motorcycles are vulnerable to adverse road conditions as bikes are not as stable as cars, and even a slight slip can result in serious injuries.

Immediate Concerns After A Motorcycle Accident

Suffering a motorcycle accident can be a disorienting and traumatizing experience. Knowing what steps to take after the accident can help reduce the stress and allow victims to protect their rights.

The first step to take in the immediate aftermath of the motorcycle accident is to ensure your safety and the safety of others involved in the accident. If you are able to, move to a safe location where you are not in danger of further collisions. If you are unable to move, stay in the position until help arrives.

Call 911 and alert them about the accident. If you or anyone else needs emergency medical attention, let the authorities know about the urgency of the situation. Depending on the situation, emergency responders can dispatch police, medical personnel, and firefighters to the scene. If you are wearing any protective gear, such as a helmet, you can take it off, but if you are severely injured, it is best to allow the emergency care professionals to arrive at the accident site.

If you have minor injuries, you should still get a medical check-up, as some motorcycle injuries may take time to become evident, and not getting treatment on time can complicate matters. Another reason why you should get medical attention is to help establish a record of the incident, including the severity of your injuries. This could be key evidence in your insurance claim or lawsuit against the at-fault party.

While you are at the accident site, gather readily available evidence from the crash site including photos of the injuries and property damage.

You should also exchange information with other parties involved in the accident. This includes contact information, phone numbers, addresses, driver’s license numbers, and insurance policy information. Avoid confrontation with other parties and avoid admission of fault, as that can undermine your case.

Consult a motorcycle crash attorney as soon as possible after the accident. The lawyer for motorcycle accidents can help you avoid mistakes that can jeopardize your case.

Insurance And Legal Questions A Motorcycle Accident Attorney Can Help With

Do I Need To Report The Motorcycle Accident To My Insurance Company?

Yes, you must report the motorcycle accident to your insurance company for timely claims processing and to also ensure you remain compliant with the insurance reporting requirements. While you do need to notify them, you don’t have to admit fault or divulge information that could jeopardize your claim. Consult with a motorcycle wreck attorney before talking to your insurance company.

Will My Insurance Rates Increase After A Motorcycle Accident?

Your insurance rates will likely rise after a motorcycle accident, especially if you are at fault. However, the insurance company considers several factors when determining insurance premiums, including your history of accidents, severity of accidents, and your insurance policies. You can talk to your insurance provider for a more specific answer on how your motorcycle accident will impact your insurance premiums.

How Do I File An Insurance Claim After A Motorcycle Accident?

After you have taken care of all the steps to take in the immediate aftermath of an accident, such as notifying your insurance provider and gathering evidence at the crash site, you can initiate a claims process by completing and submitting the claims form with the insurance company. You may also need to submit supporting documentation with your claims form. The insurance company will review the claim, determine the extent of coverage, and either approve, deny, or negotiate the claim.

What If The Other Driver Doesn’t Have Insurance?

In most areas, the law mandates that motorists have insurance, usually liability coverage, to protect against damages or injuries they may cause in an accident. However, if you have an accident with someone who doesn’t have insurance, your insurance would cover the damage through your uninsured motorist (UM) coverage. If you don’t have UM coverage, you may have to seek damages through legal action.

How Long Do I Have To File A Claim After A Motorcycle Accident?

The time frame to file a claim in a motorcycle accident is known as the statute of limitations. Most states have a statute of limitations between one to three years from the date of the accident for motorcycle accidents. South Carolina has a statute of limitations of three years. If you miss this deadline to initiate legal action, you may lose your rights to recover compensation. In some cases, the statute of limitations can be extended, so consult with your attorney to check if any exceptions or exemptions apply to your case.

What If I Was Partially At Fault For The Motorcycle Accident?

Most states follow a comparative negligence or contributory negligence system. In the comparative negligence system, you can still receive compensation even if you are partially at fault for the accident. However, the amount you will receive will be reduced based on your percentage fault for the accident. So, if you were 30% at fault for the motorcycle accident, then you can only recover 70% of the total compensation. In the contributory negligence system, you may not be able to receive compensation if you were at fault.

What If The Accident Was Caused By A Defect In My Motorcycle?

Multiple parties can be held liable for a motorcycle accident, including the motorcycle manufacturer. If your accident was a result of a motorcycle defect, you can file a product liability claim against the manufacturer or supplier. You will have to prove that the issue that led to your losses was a manufacturing defect and not a result of poor maintenance of the motorcycle or other issues that are not the fault of the manufacturer.

What Happens if the Insurance Claim is Denied?

If the insurance company denies your motorcycle accident claim, there are a few steps you can take to pursue compensation. You can review the denial letter to understand why it was denied, and contact the insurance company to discuss the denial. You can also appeal against the denial by explaining why it was the wrong decision. An attorney can help you through the appeals process.

Motorcycle Damage and Repairs

What Should I Do If My Motorcycle Is Not Drivable After The Accident?

If your motorcycle is not drivable after the accident, do not risk riding it, as you could suffer further accidents. You can have your motorcycle towed to your home or repair shop. Keep a record of the towing expenses, as you may need to claim damages in your insurance claim or lawsuit.

How Do I Get An Estimate For Repairs To My Motorcycle?

Take your damaged motorcycle to a trusted repair shop, where a technician can assess the damage and provide an estimate for the repairs. Most repair shops offer a free estimate but if you want a more detailed assessment, you may have to pay extra charges. If you plan on getting reimbursement for your repair expenses, make sure you submit costs that reflect fair market prices. The insurance company may scrutinize the costs so keep documentation to support your claim.

Can I Choose My Own Repair Shop For My Motorcycle?

Generally, you can choose your repair shop for motorcycle repair after an accident. However, if your insurance company has a repair shop on the panel, you may get a more streamlined claims process if you choose to get your motorbike repaired from one of the shops on the panel.

What Happens If My Motorcycle Is Totaled?

A motorcycle is considered totaled if the cost of repairing it is more than the actual cash value (ACV) of the motorcycle. If you are successful in your insurance claim, you can have the insurance company pay you the ACV. A deductible amount might be taken out from the ACV. You can also choose to keep the totaled motorcycle and request the insurance company to deduct the salvage value from your payout.

Will I Get A Rental Vehicle While My Motorcycle Is Being Repaired?

Whether you can get a rental vehicle while your motorcycle is repaired depends on your specific insurance policy. While some policies do not cover rental vehicle expenses, others have a provision for this. Check with your insurance provider before you rent a vehicle. You can also check for further limitations, such as the maximum amount or duration that will be covered.

Health and Medical Concerns

How Long Should I Wait To See A Doctor After A Motorcycle Accident?

Ideally, you want to see a doctor immediately after a motorcycle accident. Even if you have minor injuries, you should still seek a thorough medical check-up to ensure there is no hidden damage or internal injuries and to establish a medical record of the incident.

What If My Injuries Appear Days After The Accident?

Some injuries or conditions can take a few days or weeks to become fully evident. In some cases, the severity of the injuries is only realized after the symptoms do not subside or get worse. This is one of the reasons why you should wait until a few days before filing a claim or taking legal action to recover compensation. Waiting allows you to gather comprehensive medical information and accurately assess the compensation you may need for recovery.

How Do I Prove That My Injuries Were Caused By The Motorcycle Accident?

You will have to gather and submit evidence to prove that your injuries were a result of the motorcycle accident. The evidence can include medical records, surveillance footage, eyewitness statements, photos from the crash site, and any other evidence that can support your claim. You can also have accident reconstruction experts analyze the scene and provide professional opinions on how the accident occurred.

Who Pays For My Medical Bills After A Motorcycle Accident?

If you are successful in your insurance claim, then the insurance company will pay for your medical bills based on your medical payment coverage. If you were at fault, then you can seek compensation from your insurance provider. Conversely, if the other party was at fault, then you seek compensation from their insurance provider. If there is no insurance coverage, you can consider legal action against the at-fault party to recover compensation for your medical bills. You can also work with your healthcare provider on a payment plan for medical expenses.

What If I’m Unable To Work Because Of My Injuries?

If you are unable to work because of your injuries, you can seek compensation for lost wages or loss of earning potential. There are different options for recovering compensation for work-related injuries, such as a workers’ compensation claim or disability insurance claim.

What If I Suffer A Traumatic Brain Injury After A Motorcycle Accident?

A traumatic brain injury is one of the worst motorcycle accident injuries. It can have a life-altering impact on the life of the victim, including their ability to earn a living. If you have suffered such an injury, work with an attorney to fully assess the damage and seek appropriate compensation from your insurance provider or the at-fault party.

How Do I Handle Road Rash And Other Surface Injuries?

Surface injuries suffered in a motorcycle accident require immediate medical attention. You should clean the wounds to prevent any infection and get appropriate wound care from a healthcare professional. If the road rash or other surface injuries are severe, you may need to get ongoing medical care until you recover.

Legal and Financial Implications

What Compensation Can I Get After A Motorcycle Accident?

You are entitled to receive various types of compensation for a motorcycle accident. This includes medical expenses, lost wages, property damage, loss of earning capacity, and pain and suffering. You will have to prove that your losses were a direct result of the motorcycle crash.

How Long Will It Take To Settle My Claim?

The time to settle a motorcycle accident claim depends on several factors, including the complexity of the case and the willingness of parties involved in the case to negotiate and settle the matter. While simple claims can be settled within a few weeks, more complex cases can take several months. For a specific answer that applies to your case, you can consult with an attorney.

What Should I Do If The Other Driver Sues Me?

If you are facing a lawsuit from the other driver, you need to respond swifty by consulting with an attorney to understand the allegations against you and start building a defense strategy. If you are successful in your defense, you may be able to recover all the legal expenses you incurred as a result of the lawsuit.

Can I Recover Damages For Pain And Suffering?

Yes, you can be forever damaged by the pain and suffering that result from a motorcycle accident. Pain and suffering refers to the physical and emotional injuries that a victim experiences after an accident. While pain and suffering are more challenging to prove compared to tangible monitor losses such as property damage, it is still an important component of a personal injury claim.

What Are My Rights If The Accident Was Caused By A Distracted Driver?

Distracted driving is considered a form of negligence. If you are able to prove that distracted driving caused your motorcycle accident, you can hold the party responsible for your losses. You can use evidence such as phone records, eyewitness testimony, or surveillance footage to prove the driver was distracted at the time of the accident.

What If The Accident Was Caused By Poor Road Conditions?

Government entities are responsible for road safety and maintenance. If your motorcycle crash happened due to issues related to road conditions, you can file a claim or lawsuit against the relevant government entity. Keep in mind that cases against government entities may have specific procedures, including a shorter statute of limitations to initiate legal action.

Documentation and Evidence

How Should I Document The Motorcycle Accident Scene?

Documenting the motorcycle accident scene is a key step if you want to recover compensation for your losses. To document the scene, you should take photos of the accident site, including the damaged vehicle, skid marks, property damage, injuries, and anything else that could help you build a strong case. You should also check if any surveillance cameras captured the ancient and if any eyewitnesses would be willing to provide statements or testify to support your claim.

What If I Didn’t Get The Other Driver’s Information At The Scene?

Suffering a motorcycle accident can often be disorienting, and victims might miss collecting the other driver’s information at the scene. If that is the case, you can check the police report to see if it contains information about the other drivers involved in the accident. You can also reach out to the insurance company to see if they can help you identify the victim. If you took a photo of the license plates of that driver’s vehicle, you may be able to pull up driver information through the plate numbers.

Do I Need A Copy Of The Police Report, And How Do I Get It?

The police report can serve as a key component of a personal injury claim or lawsuit. It contains details about the accident that could help you establish liability and support your claim. In some cases, the police report includes sketches of the accident site, which could prove crucial in helping you demonstrate how the accident occurred. The police report may also include information that you may have missed.

To obtain a copy of the police report for your motorcycle crash, you can visit the police station.

Some police stations offer police reports through their websites, while others may require you to visit in person, call, or request the report by mail.

Should I Take Photos Of My Injuries And Motorcycle Damage?

Yes, it is important for you to take photos of your injuries and motorcycle damage. It helps support your insurance claim or legal action against the liable parties. After your medical treatment, you may not be able to take photos of your injuries, so it is best to capture them as soon as possible.

Photos of the motorcycle’s damage can also help you establish liability. For example, if the damage to your bike is from the rear, then you have a strong case to prove that the other party was tailgating, driving too fast, or engaging in other reckless driving behavior.

What Details Should I Record About The Motorcycle Accident?

The details you record about the motorcycle accident help establish a clear and accurate account of the incident. You should record details about the events that led to the accident, such as weather conditions, how fast you were going, what the other driver was doing, and other relevant details.

You should also note the details about the vehicles involved in the crash, including their license plate numbers. Exchange contact information with the other parties, including insurance and contact information. It also helps to record details about the initial medical symptoms caused by the injuries suffered in the motorcycle accident.

How Do I Document The Damage To My Riding Gear?

If your riding gear, such as your helmet, jacket, or boots was damaged in the motorcycle crash, you have the right to recover compensation for the losses. The process of recovering compensation starts by taking high-quality photos of each item. The damage to the riding gear should be clearly visible in the photos. You should also note down the details of the damage. It would help if you had photos of the gear before the accident.

To recover compensation, you will also need to show purchase receipts or other proofs of purchase. You can seek compensation to replace or repair the damaged riding gear.

You can decide between repair or replacement based on the extent of damage, cost comparison, age of the gear, safety concerns, and manufacturer recommendations.

Why Hire Our Motorcycle Accident Lawyer For Your Case

Hiring Armada Law, LLC, for your motorcycle accident means choosing a team dedicated to protecting your rights and securing the compensation you deserve. Our motorcycle accident lawyers can help you through each step of your motorcycle accident case. This includes everything from gathering evidence and submitting paperwork to negotiating with insurance providers and advocating for your rights in court.

While the insurance company may be legally required to offer you coverage for the damage, they will likely try to minimize their payout. The insurance adjusters can deploy various strategies to achieve this. However, our attorneys have a deep understanding of the law and tactics used by insurance providers. We can ensure you get fair compensation for your suffering. To get started, you can call us to schedule a free consultation with our experienced motorcycle injury attorney. We encourage you to involve our legal team early in the process so we can effectively protect your rights and build a strong case.