Your Personal Injury Case Resulting From a Motorcycle Accident

Maximize the Value of Your Injury Case

Personal injury cases can sometimes involve allegations from the negligent party that somehow you caused your own injury through your own negligence. A skilled personal injury attorney will help you cut through the baseless allegations of the defense and maximize the value of your injury case.

In some states, they utilize a system by the name of comparative negligence. Make sure to check your local negligence law before assuming it’s the same as this example. This means as far as your pain and suffering go in a personal injury case, if the other party is more than 50 percent negligent than you can receive damages for pain and suffering for that percentage of your pain and suffering. As for your economic damages such as lost wages, many of these same states are considered a pure comparative negligence state. This means you can receive compensation for whatever percentage that the other party is at fault even if it is below 50 percent. So if a company or negligent party tells you that you have no case because part of the injury may be your fault, then you need to contact an injury lawyer that knows the law and will fight for everything that you deserve.

Injured by Someone Else’s Negligence?

Have you been injured because of another person’s negligence? You need to consult a skilled lawyer to help you recover the damages that you have been subjected to. A lot of people talk about negligence and personal injury cases, but they don’t really know what the legal standard is for proving negligence in a personal injury case. If someone has caused harm to you then you must prove (1) that the person who caused the harm had a duty of care with respect to the activity that they were in when they injured you; (2) that the person breached or violated that duty of care; (3) that the person proximately caused the harm to you; and (4) that you incurred damages as a result of the persons breach of their duty. When a personal injury case happens it might be easier, instead of thinking of the four negligence elements, to instead think of your case in terms of liability and damages. First, did the negligent party causing your personal injury cause your injury? If so, this is the liability portion of your case. The other portion of your case is the amount of damages that you sustained. Medical bills, lost wages, pain and suffering and other damages are some of the reasons for compensation. Personal injury cases can be difficult to prove and you can usually benefit by consulting with an experienced law firm.

Punitive Damages For Motorcycle Accidents

What Are Punitive Damages?

If you are involved in a motorycle accident, personal injury law is designed to make the injured party completely whole. This means that the individual that was injured should be as close to the same condition they were in before the accident. Typical compensation received includes lost wages, medical expenses, property damage, and pain and suffering. Punitive damages are designed to punish the party responsible for the resulting injuries. Sometimes it is not enough to just pay for lost expenses, some sort of deterrence is necessary to prevent such an injury from occurring again.

Unfortunately, punitive damages are hard to recover for injuries resulting in a bike accident. Motorcycle accidents are usually not purposely intended therefore making it difficult to prove that the accident was intended by the other driver. Having said that, there are rare circumstances where punitive damages can be recovered for a victim in a bike accident. The most common reason for recovering punitive damages because the other driver was drunk or on drugs while driving his vehicle.

Other Drivers Main Source of Injury Says Study

According to many sources including the NHTSA, motorcycle accident and injuries have been consistently rising over the past decade. While this is certainly depressing, it’s just a matter of numbers. More people are on the road than ever and this can cause many more dangerous situations for motorcyclists. It’s only logical that with more drivers that there are more accidents. Although highly debated, the causes of most motorcycle injuries are because of another driver’s negligence. Most people believe that the majority of injuries come from poor weather or deteriorating driving conditions, but many studies have shown otherwise. The most famous study was completed by USC along with the NHTSA.

The study was quite comprehensive and it looked at the factors leading to the cause of the accident along with identifying those factors. In just about ALL of the cases they looked at (about 1000 different cases), weather wasn’t a factor in a single incident. While many experts agree with this study, there are many who feel that the results weren’t conclusive. Regardless, motorcyclists leave themselves vulnerable due to the fact they are more predisposed to more serious injuries due to the fact of smaller vehicles and less protection.

I always felt that bikers always drive pretty dang safely simply because one mistake can be your last. I still feel that this holds true, and I also feel that other drivers are much more of a concern when riding. You have control over your own vehicle, but unfortunately there are many really bad drivers out there that you don’t have control of. In fact, in just about all the motorcycle cases that I can remember, there was another driver whose negligence was the cause of the accident. Obviously some motorcyclists are their own demise, but the majority of deaths and injuries are caused by other drivers.

Helmet Laws and Consistency

Riding with a helmet when driving a motorcycle seems like common sense to most people. The inherent dangers or riding a bike are obviously higher than just about any other mode of transportation. The state of Michigan feels differently. They just passed a motorcycle law in April making it no longer a requirement to wear a helmet when riding. Governor Rick Snyder made it official by signing a bill which makes the helmet law, which has been in place for over 30 years, obsolete.

I understand the opinion of drivers who don’t want to wear a helmet. It’s uncomfortable and of course you would rather not wear it, but let’s be real …..it’s only thing that could possibly save your life or serious head injuries. I think the government needs to make a stance on laws that have to do with public safety. I think everything should either be regulated fairly and consistently or just butt out and leave everyone alone. I remember when the seat belt law was passed and the reasoning for signing this bill into legislation is “public safety.” If you ask me it’s another way for police officers can pull you over and find other offenses that you may be committing. You are trying to tell me that a police officer can see if I’m wearing my seat belt going 70 miles per hour at night in the dark? No freaking way. It’s simply a way for the cop to have reasonable suspicion and pull you over. Then he can check you for drunken driving, drug possession, insurance, etc.

I like to compare this scenario to officiating in sports. You don’t care which way the call the game (tight or loose) as long as they are consistent in their decision making. How can Michigan allow motorcyclists to not wear a helmet yet still require all drivers to wear a seat belt? This doesn’t seem consistent to me and I wonder if there is some other motive to passing the law.

Here’s my thinking. Motorcyclists that are moderately injured still require years of medical treatment and rehabilitation which obviously costs the insurance companies lots of money. If someone is hurt bad enough to cause death then the insurance companies bear much less of a financial burden. I’ll admit this idea sounds like some sort of conspiracy theory, but what other explanation is there? It’s all about the consistency of the laws or lack thereof.

What to do With Your Bike Following Damage

Let’s just say as an example that you have been involved in some type of motorcycle accident. Your bike sustained major damages and you have minor yet significant injuries. Do you know what you should do with your damaged vehicle immediately after the accident at the scene? The steps you should take are almost always dependent on the amount or severity of the damage done to the motorcycle and the extent of your injuries if any. One of two things will happen. Your bike is either totaled beyond drive-ability or not damaged enough to keep you from driving it yourself. Either way, the goal is to get the motorcycle looked at by a reputable shop in order to get an accurate estimate for your respective motorcycle insurance company.

Having some sort of roadside assistance can really make this process much easier. Not only will it save you money compared to having the police/insurance tow it for you, but it can speed up the process meaning you get compensated that much faster. I can’t tell you how many times I’ve found myself needing some help with a tow or some other problem. They can really save you when you need it most. Some insurance companies will cover these towing and storage costs based on plans, so make sure you know your policyholders terms and conditions. My recommendation is to contact your insurance provider first and if they don’t help with costs simply call your roadside assistance provider. Going with a company like AAA will also allow you to retrieve your personal items from the vehicle much more quickly.

Now if your bike can still be driven, immediately drive it to your home or to a reputable mechanic/dealer that can provide a written estimate for the insurance company. Getting the estimate in writing will go a long way in proving your vehicle damage. Double check your bike to make sure there is no damage that you didn’t immediately notice. There is no point in taking a chance for further injury if you are unsure about the performance of your bike. If you have any concerns at all just get it towed to a service center.

In order to make this blog better and provide more useful information, I will from time to time have other attorneys and old legal colleagues contribute directly or they will suggest some topics for me to right about. The tips and information in this blog post was an idea from The Clark Law Office – Michigan Auto Accident Attorney. I got to know them when working together on a case while living in Columbia, South Carolina.

Many times following an accident, you aren’t in the right frame of mind to make these important decisions. If this is the case someone at the scene will inform your loved ones and you should have them call an experiencedlawyer to get the best advice on exactly what steps to follow. If you are badly injured this obviously takes the back-seat to getting your injuries treated and documented.

Tips For Riding in the Winter

Now that winter is approaching most riders put their bikes away for the winter season, but they are missing out on many days when they could be riding. I know of many riders who enjoy riding the winter, but there are certainly some precautions which need to be made. Depending on where you live, riding in the winter may or may not be an option. For most states, even northern states like Michigan, riding the winter is more difficult but certainly great fun. Just remember to use common sense to avoid accidents.

Obviously, the most important concern is keeping warm during the cold days. Bikers are much more exposed to the elements and for this reason; things can go sour in a hurry. Some bikes are better than others in cold climates and there are many accessories available on the aftermarket that can make it easier to deal with the tougher conditions. The easiest and most effective way to keep warm is wear multiple layers of clothing. Try to stay away from cotton and use newer synthetic materials such as polypropylene used by many companies like Nike, UnderArmour, Adidas, etc. This base layer is key to keeping warm without excessive clothing which can cause sweating. Sweating during the winter is a good way to start hypothermia and should be avoided first and foremost. You should also make sure to have a good outer layer of clothing which provides ample insulation.

Once you have the base layer and outer layer in place you need to think about blocking down the wind. A good wind-breaking jacket can be worth its weight in gold during the winter. Make sure it’s made of a windproof material; leather and nylon are both good choices. A nice pair of durable gloves is also a must to stay warm. The goal is to block the wind and to keep your hands dry. There are a number of different models made for this specialty, but in all honest it’s all personal preference. Between a base layer, outer lawyer, wind-breaker, and gloves all that is really left to take care of are the socks and the helmet. Just keep warmth in mind when purchasing these items. Remember to take the proper precautions when riding this winter and remember to enjoy being outside while everyone else locks themselves inside for the entire winter!

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