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MOTORCYCLE
ACCIDENT LAWYER

EXPERIENCED
MOTORCYCLE ACCIDENT ATTORNEYS

At Abogados de Accidentes Ahora, we specialize exclusively in motorcycle accidents, setting us apart from other law firms. Our team’s unwavering focus on these types of accidents makes us the best choice when it comes to winning maximum compensation. We’ve repeatedly demonstrated our commitment to defending our clients from aggressive and unfair tactics used by insurance companies.

By hiring a motorcycle accident lawyer, you can rest easy knowing that you won’t have to deal with intimidation tactics from insurance companies. If you’ve been the victim of a motorcycle accident due to a negligent driver, don’t hesitate to call us at (800) 555-5555.

In the event of urgent medical attention needed for your motorcycle accident injuries, contact our team of talented attorneys. We’ll help you explore all available solutions and guide you through the process. Plus, our consultations are free and available in either English or Spanish.

Don’t wait – let’s talk about your case today.

WHAT TO DO
AFTER A MOTORCYCLE ACCIDENT

Motorcycle accidents can lead to serious injuries, so it’s important to know what steps to take. To help you navigate this difficult time, we’ve compiled a list of important points to keep in mind.

Get Medical Attention

After a motorcycle accident, the first step is to seek medical attention. Call 911 or ask someone else to do so. Even if you don’t feel any symptoms, you may still have suffered injuries that can have delayed effects on your health. Complications to the spine, skull, neck, extremities, and other areas are possible.

It’s crucial to check your health status in the days following the accident. See a doctor or contact us for legal advice on next steps. We’re here to help you navigate this difficult time.

Collect Contact Information

If other people are involved in the accident, be sure to gather the following information from each person:

  • Full name
  • Address
  • License plate number
  • Car registration
  • Vehicle insurance information
  • Vehicle Identification Number (VIN)

Having this information will help you file a claim and pursue compensation for damages.

Report the Accident

After the accident, it’s important to report what happened to the authorities and others as soon as possible. This includes:

  • Calling the police to report the accident and obtain a police report.
  • Contacting your insurance company to report the accident and initiate the claims process.
  • Notifying your emergency contact so they are aware of the situation.
  • Consulting with an attorney who can guide you through the legal process and help you pursue compensation for damages.

By reporting the accident promptly, you can ensure that your rights are protected and that you have the best chance of receiving the compensation you deserve.

Gather Witness Testimony

If there were witnesses present at the accident, it’s important to gather their contact information and ask them to provide their testimony to the authorities.

Make sure to obtain their full name, phone number, and address if possible. This information will be helpful in case further investigation is required.

It’s also important to remember that witness testimony can be valuable evidence in legal proceedings and can help support your case for compensation. Be sure to keep this information safe and easily accessible.

Be Cautious with Your Words

After a motorcycle accident, you may be tempted to share your version of what happened with insurance companies or on social media. However, it’s important to be cautious with what you say and post, as your words can be used against you.

Insurance companies are motivated to pay out as little as possible and may try to use your words against you to avoid paying out a fair settlement. For this reason, it’s important not to assume responsibility for the accident or say anything that may jeopardize your claim.

The more you say, the greater the risk of jeopardizing your case and your chances of receiving a fair settlement.

To protect your rights and seek the best compensation for damages, it’s important to work with an experienced motorcycle accident attorney who can handle the legal process and deal with the insurance company directly.

What you should do after being involved in a motorcycle accident

WHAT IS A
MOTORCYCLE ACCIDENT CLAIM?

A motorcycle accident is a complex event that involves a combination of human, vehicle, and environmental factors. An accident claim refers to the legal process in which the victim files a lawsuit against the negligent party in order to obtain financial compensation for the losses and damages caused by the accident.

Each case is different and requires analysis by an attorney, as there is no typical motorcycle accident.

 

Motorcycle Accident Statistics

  • Statistics indicate that over 80% of all reported motorcycle crashes result in injury or death to the motorcyclist (NHTSA).
  • The percentage of motorcycle fatalities in the U.S. has increased over the past two decades.
  • In 2016, there were nearly 5,000 deaths in a motorcycle crash. Motorcycle fatalities accounted for 13% of all motor vehicle fatalities in the US.
  • Interestingly, there are nearly 16 times as many registered passenger mobiles as motorcycles in the U.S.
  • According to the Insurance Institute for Highway Safety (IIHS), motorcycles are less visible to automobiles and less stable.

Motorcycles are less visible and stable than cars and lack the protection a car provides. In a motorcycle ejection, the rider can be badly injured or killed.

 

Statute of Limitations

Motorcycle accident claims follow the same general statute of limitations as all other personal injury claims.

In California, Texas, Arizona and Nevada the statute of limitations is two years and in Washington it is three years.

Your lawsuit must be filed within the time limit depending on the state where you live. However, in certain cases, the discovery rule may apply. If you discover an injury resulting from the accident at a later date, you have one year from the date of discovery to file a lawsuit. Consult with an attorney for more information on the discovery rule and how it may apply to your case. It’s important to take action as soon as possible after a motorcycle accident in order to protect your legal rights and seek the compensation you deserve.

COMMON TYPES OF
MOTORCYCLE ACCIDENTS

Most motorcycle accidents involve one of the following :

HEAD-ON COLLISION

Collisions involving motorcycles account for more than half of all crash fatalities.
In most motorcycle accidents, vehicles strike motorcyclists head-on. Unfortunately, most head-on collisions involving a motorcycle result in rider fatalities.

LEFT TURN

Left-turn accidents occur for a variety of reasons.
They occur when riders do not use their blinkers, or when they fail to leave enough distance between cars when switching lanes. They can also be caused by a lack of visibility and sudden movements at high speeds.

LANE SPLITTING

When a motorist travels in the middle of two lanes, he or she is more likely to be struck.
Riding between two lanes is not legal in most states. The distance between cars is narrow, making it difficult to maneuver a motorcycle. The proximity of the motorcycle to other cars increases the risk of an accident. Additionally, drivers may not anticipate a motorcycle passing them in stopped or slow-moving traffic.

SPEEDING AND ALCOHOL CONSUMPTION

Approximately 50% of all motorcycle accidents involve alcohol consumption or excessive speed.
In 2018, alcohol impairment was a factor in 29% of all motorcycle fatalities and speeding was involved in 33% of all fatal motorcycle accidents in the US in 2018 (NHTSA).

COLLISION WITH FIXED OBJECTS

One out of every four motorcycle fatalities involves a collision with a fixed object.
These accidents occur when the rider is unable to judge the distance between their motorcycle and the object, resulting in collisions with light poles, traffic signal poles, other vehicles, and even pedestrians.

ROAD HAZARDS

Road hazards, such as slippery roads caused by weather conditions, potholes, and unfinished roads, pose a risk to motorcyclists.
Other hazards, such as debris on the road, animals crossing the road, and improperly secured loads, can also lead to accidents and serious injuries. It is important for motorcyclists to stay alert and aware of potential hazards while on the road.

HOW IS A MOTORCYCLE ACCIDENT
SETTLEMENT CALCULATED

There are many factors that go into calculating the value of a motorcycle accident settlement. The following are some factors that your attorney can use to calculate a fair amount for your injuries and losses:

Did you know?

You do not have to be a legal resident of the United States to receive personal injury compensation for a motorcycle accident.

HOW TO FILE A
MOTORCYCLE ACCIDENT CLAIM?

If you have been in a motorcycle accident and want to file a claim, it’s important to understand the process and seek legal guidance. In most cases, a personal injury attorney will work to negotiate a settlement with the insurance company during the claim stage to avoid going to trial. This can help you receive compensation for your injuries and losses faster, allowing you to focus on recovery and getting back to your daily life. However, some insurance companies may offer less than what your case is worth. In these situations, an experienced attorney can help you fight for a fair settlement by gathering evidence, proving your case, and handling all the paperwork on your behalf.

Typical motorcycle accident lawsuit timeline when the case has to be taken to court:

Filing of the Lawsuit

The process begins with the filing of the complaint and service on the at-fault party. The defendant has 30 days to file its reply with the court in writing in response to the allegations.

Discovery Process

The discovery process of a personal injury lawsuit typically involves the exchange of information between the parties involved in the case. This process allows both sides to gather and review evidence, and to prepare for trial.

The discovery process may include:

  • Interrogatories: written questions that must be answered by the other party under oath.
  • Depositions: sworn testimony given by witnesses, including the plaintiff, defendant, and any experts who may be involved in the case.
  • Requests for production of documents: requests for the other party to produce documents, such as medical records, police reports, and other evidence related to the case.
  • Requests for admission: written statements that the other party must admit or deny.

Through the discovery process, both parties have the opportunity to evaluate the strengths and weaknesses of their case, and to negotiate a settlement if possible. If a settlement cannot be reached, the case will proceed to trial.

Filing of Motions

Filing a motion is a way for parties to a legal proceeding to ask the court to resolve a specific issue without having to go to trial. Motions can be a valuable tool for resolving disputes quickly and efficiently. Motions can be filed at any stage of a legal proceeding, and they can be used to request a variety of things, such as:

  • Dismiss a case
  • Suppress evidence
  • Change the venue of a trial
  • Compel discovery
  • Award summary judgment

Trial Scheduling

A trial date is usually scheduled after completion of most discovery and filing of some pre-trial motions, which typically takes between 12 to 18 months. However, the timeline for scheduling a trial date may vary depending on the jurisdiction and the complexity of the case, and local court rules or procedures may also affect the scheduling process. It’s advisable to check with your attorney familiar with the relevant jurisdiction for more specific information.

Pretrial Settlement Conference

Even after the commencement of a lawsuit, completion of discovery, filing of all motions, and setting of a trial date, most judges will still encourage the parties to attempt to settle the case through a pretrial settlement conference. This is because a settlement at this stage can help avoid the uncertainty and risk of trial. During the settlement conference, the parties will be compelled to make a good faith effort to reach an agreement.

Trial

Bringing a personal injury lawsuit to trial is typically not the recommended course of action for several reasons. First, going to trial can be a lengthy and emotionally draining process for both the attorneys and the families of the victims. Second, it can require a significant investment of time and resources to prepare for trial. Finally, there is always some degree of risk involved in taking a case to trial, as the ultimate verdict will be decided by either a judge or a jury. As a result, it’s often in the best interest of the parties involved to try to resolve the case through settlement negotiations or alternative dispute resolution methods whenever possible.

Motorcycle accident case timeline

SHOULD I HIRE A
MOTORCYCLE ACCIDENT LAWYER?

Yes, and you should hire the best. Motorcycle accidents can happen at any time, you are never prepared for so much stress.

Injuries, damages, loss of life, and deterioration of quality of life all add up to a heavy price to pay.

When you hire us at Abogados de Accidentes Ahora, we can provide you with the help and guidance you need to:

Don’t Settle Prematurely

The responsible party’s insurer may contact you soon after the accident to offer a settlement. However, accepting the initial offer may mean that you receive less compensation than you deserve. Therefore, it’s important to avoid pressure to settle too quickly and consult with an experienced attorney who can help you negotiate a fair settlement.

Seek Medical Attention

Your health is the most important thing, so make sure you visit a doctor regularly to ensure that you fully recover from your injuries. This will also help you to document the severity of your injuries, which will be important when determining your compensation.

Prove The Severity Of Your Injuries

Insurance companies may try to minimize the severity of your injuries in order to reduce your compensation. To counter this tactic, make sure to document all of your medical treatment and keep track of your prescriptions. An experienced attorney can help you compile this information and ensure that you are treated by the best medical professionals.

Accurately Calculate What You Are Owed

When calculating your compensation, it’s important to consider all of the losses you have suffered as a result of the accident, such as future medical bills, lost wages, and the emotional cost of your pain and suffering. This can be a complex process, so it’s best to rely on an experienced attorney to help you maximize your claim.

Fight Scare Tactics

Insurance companies may use scare tactics to convince you to settle for less than you deserve. Don’t let this intimidate you – instead, consult with your attorney and hold out for a fair settlement.

Know What To Say

Finally, make sure to consult with your attorney before saying anything to the insurance company. They can help you determine what to say and avoid making any costly mistakes.

Gather Evidence

After a motorcycle accident, it is important to gather evidence as soon as possible. This evidence can be used to support your claim for compensation and help you build a strong case.

Some of the evidence your motorcycle accident attorney can help you gather includes:

  • Eyewitness statements
  • Police reports
  • Medical records
  • Photographs of the accident scene
  • Video footage of the accident
  • Expert testimony

An experienced lawyer can help you gather the necessary evidence and build a strong case.

Determine fault

If you’ve been injured in a motorcycle accident, it’s important to speak with an attorney as soon as possible. An experienced motorcycle accident lawyer can help you understand your legal rights and options, and can fight to get you the compensation you deserve.

There are many factors that can contribute to a motorcycle accident, and it’s important to have an attorney who can investigate the accident and determine who was at fault. Hire the best motorcycle lawyer in the area, they will help build your case and determine who was at fault.

Every Case Is Different

Every motorcycle accident has its own set of unique circumstances that make settlement outcomes unique. Every situation varies and no two cases will be the same.
Call our motorcycle accident attorneys today. Contact our offices located throughout the Southwest. If you are unable to visit our offices, we will come to you.

WHY SHOULD YOU CHOOSE
Abogados de accidentes ahora?

When you choose Abogados de Accidentes Ahora, you can count on a team of experienced motorcycle accident lawyers who are dedicated to fighting for your rights. We speak Spanish and English, and we have the resources and knowledge to help you get the maximum compensation possible.

We understand that a motorcycle accident can be a life-changing event, and we are here to help you through the legal process and recovery. We will work tirelessly to get you the compensation you deserve, so you can focus on healing and rebuilding your life.

Here are some of the benefits of choosing Abogados de Accidentes Ahora

  • Experienced motorcycle accident lawyers
  • Bilingual staff
  • Fight for maximum compensation
  • Vast resources to assist with recovery
  • Attentive staff focused on your needs

Contact us today for a free consultation. We will review your case and help you understand your legal rights. We will fight for your compensation and help you get the justice you deserve.

FREQUENTLY ASKED
QUESTIONS

How difficult is it to prove fault in a motorcycle accident?

In many cases, one document or piece of evidence cannot prove that the other driver was at fault. To have a better chance of proving that the other party was at fault for your motorcycle accident, you would need:

  • A police report
  • Witnesses
  • Photographs
  • Surveillance camera footage
  • Helmet, clothing and the motorcycle itself
  • Journal

How much is a motorcycle accident lawsuit worth?


If you are thinking about taking legal action against the negligent party after a motorcycle injury, it is reasonable to consider how much your case might be worth. Unfortunately, however, there is no concrete answer. The amount of compensation you will collect after your motorcycle injury case depends on several factors, including the cost of economic and punitive damages, the strength of the plaintiff’s argument, the amount of insurance available, and what juries have awarded plaintiffs in similar cases.

Who gets the settlement money in a motorcycle accident lawsuit?


The check from the insurance company will come to your attorney’s office. The attorney will deposit the check into an escrow account, where it should remain while the bank clears the funds. One of the purposes of placing a check in an escrow account is to make sure the insurance company has the funds to clear your settlement. Once the check clears in the escrow account, your attorney can release your share of the settlement funds.

However, if you owe any outstanding liens, your attorney will have to hold your check for a longer period of time. A lien refers to any outstanding debt you may owe to certain entities, related to your case or other charges against you. If you have outstanding liens, your attorney cannot release your check until you pay them with settlement funds.

  • You may owe liens for unpaid bills to your medical provider.
  • You may have to pay back your insurance company or healthcare providers for medical treatment costs related to the injury or illness involved in your case.
  • If you owe child support, your attorney will have to deduct this amount from your settlement to pay off the outstanding balance.
  • If you fired another attorney prior to the settlement, the fired attorney may impose a lien to receive payment for his or her legal services.

It is very important to pay the liens before receiving settlement funds. You could face legal consequences if you fail to pay a lien to the government, a health care provider or an insurance company. Fortunately, your attorney should handle this process on your behalf.

How are motorcycle accident settlements paid?


After your attorney settles all liens, legal fees and applicable case costs, the firm will issue you a check for the remaining amount of your settlement. Your attorney will mail the check to the address on record. Depending on the location of the law firm and your proximity to it, you will likely receive your check up to six weeks after mailing. You can deposit these funds into the account of your choice and begin your financial recovery process.

PLATÍCANOS TU CASO DE ACCIDENTE DE MOTOCICLETA
CON CONFIANZA Y EN CONFIDENCIA

Si estás lesionado a causa de un accidente de moto, el bufete de Abogados de Accidentes Ahora te puede ayudar.

Somos reconocidos por nuestra impecable reputación y pericia en las leyes de accidentes de tránsito y lesiones personales.

Llena el siguiente formulario o llámanos para agendar una evaluación de tu accidente. La evaluación gratuita de tu caso es fácil y sin compromiso.

EVALUACIÓN DE CASO GRATUITA

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