There’s nothing quite like the thrill of riding a motorcycle. In an instant, though, that exhilaration can turn to tragedy when another driver’s negligence causes a motorcycle crash that injures you or kills a close family member.
If you’re in this situation, you are likely considering your options for getting compensation from those responsible, and you’re probably wondering, “Should I get a lawyer for a motorcycle accident?”
The short answer is yes. An attorney can navigate the complex claims process while you focus on healing and moving forward. Dealing with insurance companies is challenging and frustrating, and you need a legal advocate to protect your rights and fight for the full and fair compensation you deserve.
There are many reasons why you need a motorcycle accident attorney, and you need to understand what to look for in a good lawyer and how an attorney can help you maximize your financial recovery so you can realize the fullest physical recovery possible.
For answers to your questions and specific advice about your case, contact an experienced motorcycle accident lawyer near you for a free consultation.
Reasons to Hire a Lawyer After a Motorcycle Accident
Seeking legal representation after a motorcycle accident is important for several reasons:
Complexity of Motorcycle Accident Cases
Motorcycle accidents aren’t just your run-of-the-mill fender benders. They often involve unique dynamics that can complicate the legal process. For instance, there’s an unfortunate bias against motorcyclists that can color how insurance companies, law enforcement, and even juries perceive the accident. A lawyer who’s well-versed in motorcycle cases can help combat these prejudices and tell your side of the story.
Moreover, motorcycle accident injuries tend to be more severe than those in car accidents. This means dealing with more extensive medical treatments, longer recovery times, and potentially life-altering consequences. A lawyer can help you navigate the complexities of these serious injury claims and account for all your current and future medical needs.
Dealing with Insurance Companies
Insurance companies are in the business of making money, not friends. Their goal is to settle claims as quickly and cheaply as possible. This often means offering lowball settlements that don’t come close to covering your actual damages. When you’re dealing with the stress of recovery, it’s easy to fall for their tactics and accept less than you deserve.
A lawyer acts as your shield and advocate when dealing with insurance adjusters. They know the tricks insurers use to minimize payouts and can skillfully negotiate on your behalf. With a legal professional in your corner, you’re much more likely to receive a fair settlement that truly reflects the extent of your losses.
Determining Liability
Figuring out who’s at fault in a motorcycle accident isn’t always straightforward. While it might seem clear-cut to you, the other party’s insurance company will likely try to shift blame onto you. They might argue that you were lane-splitting, speeding, or not wearing proper protective gear.
A lawyer can thoroughly investigate the accident and gather evidence such as traffic camera footage, witness statements, and expert testimony to support your claim. They can also identify all potentially liable parties and use the evidence they collect to prove the other party acted negligently. It might not just be the other driver. It could also be a vehicle manufacturer if there was a defect or even a government entity if poor road conditions contributed to the crash.
Calculating the Full Extent of Your Damages
When you’re reeling from an accident, it’s hard to think beyond the immediate medical bills and lost income. The true cost of a motorcycle accident often extends far beyond these obvious expenses, though. A skilled lawyer will help you account for all your damages, including:
- Future medical expenses and rehabilitation costs
- Loss of earning capacity if you can’t return to your previous job
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
By thoroughly documenting and calculating these damages, your lawyer ensures you seek compensation that truly reflects the full impact of the accident on your life.
Meeting Legal Deadlines and Requirements
Personal injury claims are subject to strict deadlines known as statutes of limitations. For instance, you have three years in Colorado to file a motorcycle accident lawsuit in civil court. Miss this deadline, and you could lose your right to seek compensation altogether. Additionally, there are numerous legal procedures and paperwork requirements that you must follow precisely.
A lawyer will keep track of all these deadlines and requirements and make sure to file your claim correctly and on time. They’ll handle the mountain of paperwork, freeing you to focus on your recovery.
When to Contact a Lawyer
Timing can be crucial in motorcycle accident cases. Here’s a look at when you should consider reaching out to a lawyer:
Immediately After Seeking Medical Attention
Your health should always be your top priority. Once you’ve received initial medical care, you should contact a lawyer as soon as possible. The earlier a lawyer gets involved, the better they can protect your rights and preserve crucial evidence. They can advise you on what to say (and what not to say) to insurance companies and other parties involved in the accident.
Before Speaking with Insurance Adjusters
Insurance adjusters may contact you soon after the accident, often when you’re still disoriented or in pain. They might ask for a recorded statement or try to get you to sign documents. It’s best to politely decline and inform them that you’ll be speaking with a lawyer first. Your attorney can then handle all communications with the insurance company, protecting you from saying anything that could harm your case.
If You Have Severe or Long-Lasting Injuries
Some injuries, like traumatic brain injuries or spinal cord damage, can have long-term or even lifelong consequences. If you’ve suffered severe injuries, it’s crucial to have a lawyer who can fight for compensation that covers not just your current medical bills but also future care needs and the impact on your quality of life.
When Someone Disputes Fault
If the other party is denying responsibility or trying to blame you for the accident, it’s time to lawyer up. A skilled attorney can gather evidence, interview witnesses, and work with accident reconstruction experts to prove liability and protect your right to compensation.
Benefits of Hiring a Motorcycle Accident Lawyer
Now that we’ve covered when to hire a lawyer, let’s dive into the specific advantages they bring to your case:
Legal Knowledge and Experience
The law is complex, and personal injury law has its own set of rules and precedents. A lawyer who handles motorcycle accident cases brings a wealth of knowledge to the table. They understand the nuances of traffic laws, insurance regulations, and court procedures. This allows them to build a strong case strategy tailored to your specific situation.
Investigation and Evidence Gathering
A thorough investigation can make or break your case. Lawyers have the resources and know-how to collect and preserve crucial evidence. This might include:
- Obtaining police reports and accident scene photos
- Interviewing witnesses
- Accessing traffic camera footage
- Consulting with accident reconstruction experts
- Gathering medical records and expert medical opinions
This comprehensive approach ensures your lawyer leaves no stone unturned in building your case.
Negotiation Skills
Most motorcycle accident cases are settled out of court through negotiations with insurance companies. Lawyers are skilled negotiators who know how to value your claim accurately and argue persuasively for fair compensation. They’re not intimidated by insurance company tactics and won’t be pressured into accepting a lowball offer.
Court Representation If Necessary
While most cases settle, sometimes going to trial is necessary to get the compensation you deserve. If your case does go to court, having a lawyer by your side is crucial. They’ll handle all aspects of the trial, from jury selection to presenting evidence and cross-examining witnesses. Their courtroom experience can significantly increase your chances of a favorable verdict.
Maximizing Compensation
Perhaps the most significant benefit of hiring a lawyer is their ability to maximize your compensation. They’ll ensure that all your damages – both economic and non-economic – are fully accounted for. This includes obvious costs like medical bills and lost wages, but also less tangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.
In fact, the Insurance Research Council conducted a study that found people who use attorneys in personal injury claims receive favorable settlements 3.5 times more than people who don’t. Additionally, lawyers help clients get 85% higher settlements on average.
Common Misconceptions About Hiring a Lawyer
Despite the clear benefits, some people hesitate to hire a lawyer after a motorcycle accident due to common misconceptions. Let’s address a few of these:
“I can’t afford a lawyer”
Many people believe that hiring a lawyer is prohibitively expensive. In reality, most motorcycle accident lawyers work on a contingency fee basis. This means they only get paid if you win your case, typically taking a percentage of your settlement or court award. This arrangement allows you to get high-quality legal representation without any upfront costs.
“The insurance company will treat me fairly”
While insurance companies may present themselves as being on your side, their primary goal is to minimize payouts and protect their bottom line. They may use various tactics to undervalue your claim or deny it altogether. A lawyer levels the playing field, ensuring the insurance company doesn’t take advantage of you during the claims process.
“My case is too small for a lawyer”
No case is too small if it’s impacting your life. Even seemingly minor accidents can lead to significant medical bills, lost wages, and other damages. A lawyer can help you understand the true value of your claim and fight for fair compensation, regardless of the size of your case.
How to Choose the Right Motorcycle Accident Lawyer
Selecting the right lawyer can make a world of difference in the outcome of your case. Here are some factors to consider:
- Experience with motorcycle accident cases: Look for a lawyer who has specific experience handling motorcycle accident cases. They’ll be familiar with the unique challenges these cases present and will have strategies to overcome them.
- Successful results: Don’t be shy about asking for a lawyer’s track record. How many cases like yours have they handled? What kind of settlements or verdicts have they achieved? A history of successful outcomes is a good indicator of a lawyer’s skill and dedication.
- Client testimonials and reviews: Reading reviews and testimonials from past clients can give you insight into what it’s like to work with a particular lawyer or law firm. Look for comments about communication, professionalism, and overall satisfaction with the outcome.
- Initial consultation process: Many lawyers offer free initial consultations. Use this opportunity to ask questions, gauge the lawyer’s knowledge, and see if you feel comfortable working with them. A good lawyer will listen to your story, explain your options clearly, and give you a realistic assessment of your case.
Contact an Experienced Motorcycle Accident Attorney Near You
Hiring a lawyer after a motorcycle accident can be crucial to protecting your rights and securing fair compensation. From navigating complex legal processes to battling insurance company tactics, an experienced attorney can be your strongest ally in the fight for justice.
At Franklin D. Azar & Associates, P.C., we understand the unique challenges motorcycle accident survivors face. Our team of dedicated attorneys has successfully handled hundreds of these complex cases for clients throughout Colorado. We’re committed to providing personalized, compassionate representation while fighting zealously to maximize our clients’ compensation.
Don’t let uncertainty or misconceptions about the legal process prevent you from seeking the help you need. If a motorcycle accident hurt you or a loved one, we encourage you to reach out for a free consultation. Our team of personal injury lawyers is ready to listen to your story, answer your questions, and help you understand your legal options.
Remember, time is of the essence in these cases. The sooner you get legal representation, the better your chances of a favorable outcome. Contact Franklin D. Azar & Associates, P.C. today, and begin the process of holding the at-fault parties accountable and getting the full compensation you need.
