Compared to collisions involving cars, where the drivers and passengers are more protected, motorcycle accidents can cause considerably more damage and injuries to the rider, and they may need a protracted rehabilitation period and pay significant medical bills as a result.
Death rates from motorcycle crashes have increased by 32% in the last ten years in America, and between 2021 and 2022, the number of nonfatal injuries climbed by 2.6%. People who suffer severe injuries will sustain many types of losses. Thus, it makes sense that people who sustain injuries in motorcycle accidents may sue for compensation from the at-fault party.
Many victims, however, get concerned about whether or not a settlement will be sufficient to compensate for the losses incurred when they decide to sue. Since each claim is different, your potential value can differ from that of another rider hurt in a motorcycle accident, and several factors might influence the result of your claim. For the best estimate of your compensation claim, contact a motorcycle injury lawyer who can help you win the case or get you a high compensation amount.
Factors That Affect Motorcycle Accident Compensation
There are several factors that influence the compensation amount that a victim of a motorcycle accident receives. Let’s take a look at the most important factors.
1. Liability of the Party
Whether the other party was fully at fault is one of the first things that can affect how your motorbike collision claim turns out, and you may only pursue damages if you are not the main party at fault for the collision. Nevertheless, if you have some liability, the total amount of the settlement compensation will decrease.
2. Severity of the Injuries
The kind and extent of your injuries will also have a big influence on how much your claim is worth, and in most states you are entitled to compensation for your past and future medical costs, lost income and earning ability, and damages for pain and suffering. You could require lifelong medical care if you have long-term damage, such as a catastrophic brain or spinal injury, and that will be considered in the compensation claim and increase the total amount. It’s also possible that you’ll have to shift careers at a lower salary or end up permanently incapacitated because of long-term or chronic injuries, and such cases, your claim will be worth more.
3. Permanence of Your Injuries
Injuries from a motorbike accident that heal reasonably fast do not receive as much compensation as injuries that take a long time to heal. Consider wounds, bruises, or fractured bones as opposed to herniated discs and amputation to understand the difference. The permanence of the injury is one of the main elements influencing compensation in situations of motorcycle accidents, and that will increase or decrease the compensation amount significantly.
4. Available Insurance
The type of insurance available to cover the losses is another factor that may have an influence on the amount of compensation you may obtain for your damages, and you might need to use the uninsured/underfunded section of your motorbike insurance policy if the at-fault party is underinsured or uninsured. Your motorcycle accident lawyer will handle the compensation claim in a way that will get you the maximum amount of compensation from the present insurance available.
5. Bias Against Motorcyclists
Although motorcyclists have the same right to safety and have the same legal claims as any other accident victim, jurors frequently view motorcyclists as irresponsible drivers, and insurance companies are aware of this. As a result, insurance companies frequently lower their settlement offers, and juries could be less likely to give motorcycle riders larger compensation in court. That is why you must ensure that every time you are riding your motorcycle, you are maintaining safety rules and riding responsibly. If you have no prior rule violation record, your compensation amount will increase.
Conclusion
All motorcycle accident victims legally deserve compensation, but some factors discussed above can increase or decrease the compensation amount they finally receive. Although it is impossible to say with certainty how much money you will be able to get from the insurance company, hiring a motorcycle accident lawyer will truly help you get a higher amount than you would otherwise receive. These lawyers know the small factors that can affect the claim and present the case in a way that ultimately helps you.
I live in a small Georgia town that you most likely have never heard of and I LOVE it! My house is more than full as I am a single mother of four & caregiver to my aging mother and uncle. Lover of all things Outlander. Goes to the beat of her own drum woman.
Elizabeth says
Motorcycles worry me, but I know riders love ‘em!