If you have been involved in a rear-end motorcycle collision, you may be wondering whether you can sue for compensation. The answer is yes, you can sue.
Many factors can contribute to a motorcycle accident. The fault will be determined based on the specific circumstances of the accident, which can be complicated in certain rear-end accident cases.
Judd Shaw Injury Law has represented many clients who have been injured in motorcycle accidents, and we can help you too. To learn more about your legal options, call (866) 909-6894 or fill out the online contact form.
Why Do Rear-End Motorcycle Accidents Happen?
Common causes of rear-end collisions include following too closely or brake failure. In most cases, fault will be assigned to the driver who was following too closely or failing to pay attention to the road ahead.
Other factors that are taken into account when determining fault in a motorcycle accident include:
- The speed of the vehicles involved
- Distractions such as texting while driving
- Whether or not either driver was impaired by drugs or alcohol
- The road conditions/inclement weather at the time of the accident
After a motorcycle accident, you could be entitled to a fair settlement for your medical bills and suffering. Judd Shaw Injury Law can help you investigate the accident and develop a solid case.
What Damages Can You Recover After a Motorcycle Accident?
A motorcycle accident can lead to unexpected financial burdens and physical injuries. The Centers for Disease Control report that more than 180,000 people were treated for crash injuries in the year 2020. If you can prove the other driver’s fault, you may be able to recover damages for your injuries.
The damages you are able to recover depend on the circumstances of your case and the nature of your injuries. These damages can include:
- Medical bills: After an accident, you may have hefty medical expenses. Even if you have health insurance, your out-of-pocket costs can be significant.
- Lost wages: If your injuries prevent you from working, you may lose income as a result. This can be a major financial hardship for many families.
- Property damage: Rear-end collisions often cause serious damage to motorcycles. If your bike is totaled, you may be left with expensive repairs or replacement costs.
- Pain and suffering: Many accident victims deal with physical pain and emotional injuries which can have a major impact on one’s quality of life. Your suffering may be recognized by the compensation offered by the at-fault driver’s insurance company.
- Punitive damages: If the other driver was particularly careless or reckless, you may also be able to recover punitive damages. These are meant to punish the at-fault party and deter future misconduct.
The specific types of damages that may be available to you will depend on the facts of your case. At Judd Shaw Injury Law, our personal injury attorneys can examine the details of your claim and identify the proper compensation worth pursuing.
Motorcycle Injuries That May Result in Compensation
Many serious injuries can result from a motorcycle accident. In 2020, there were over 83,000 motorcycle-related injuries recorded. For example:
- Whiplash: Whiplash is a neck injury that occurs when the head is suddenly jerked forward and then backward. It can cause pain, stiffness, and headaches.
- Internal injuries: A rear-end collision can also cause internal bleeding and organ damage. This is often more serious than other types of injuries and can require extensive medical treatment.
- Broken bones: A rear-end collision can easily break bones, especially in the arms or legs if extended out at the time of impact.
After a motorcycle accident, you should seek medical attention right away. Even if you do not think you are seriously injured, it is a good idea to get evaluated by a doctor. Some injuries, like concussions, may not become apparent until hours or days after the accident. Once you have seen a doctor and been diagnosed, you can start thinking about pursuing a personal injury claim.
Factors That May Affect Your Lawsuit
Several different factors can affect the success of your motorcycle accident lawsuit. Some of these factors include:
- The severity of your injuries: Have you suffered serious injuries or extensive medical bills as a result of the collision? If so, you will likely have a strong case.
- The state in which the collision occurred: Each state has its own laws governing rear-end collisions. You need an attorney who understands the local laws in your state.
- The other driver’s insurance coverage: If the other party does not have insurance coverage, it can be difficult to recover damages
When you consider filing a lawsuit, contact us at Judd Shaw Injury Law. Our personal injury attorneys can review the details of your case and help you understand your legal options.
Negotiating an Out-of-Court Settlement
For a successful case, you need to prove the other driver’s liability for the accident. If there is clear evidence of this, then you may be able to file a personal injury lawsuit. However, many rear-end collisions are not clear-cut cases.
Sometimes it is difficult to prove that the other driver was at fault. When that happens, it may be beneficial to try to negotiate an out-of-court settlement with the other driver’s insurance company. You can also file a claim against any third-party individuals who may have contributed to the accident such as pedestrians.
An out-of-court settlement is an agreement between two parties to resolve a dispute without going to trial. Settlements are typically negotiated by the attorneys for each side. The negotiation process can take some time, but it is usually possible to reach an agreement that both sides are satisfied with.
Most motorcycle claims settle before going to court. Insurance companies will often try to lowball claimants. That is why it is important to have an experienced attorney on your side. If the insurance company is unwilling to offer an adequate settlement, the legal team of Judd Shaw Injury Law can file a lawsuit on your behalf.
Contact Us Today After a Motorcycle Collision
The lawyers of Judd Shaw Injury Law have represented many clients who have been injured in motorcycle accidents, and we can help you too. Insurance companies will be looking to minimize the settlement payout, and the legal system can be difficult to navigate.
Our team can handle any negotiations with the insurance company so you can focus on your recovery. We will fight for your rights and make sure you receive the compensation you deserve for your injuries.
Our knowledgeable attorneys can guide you every step of the way, at no personal cost to you. Don’t try to navigate the legal system on your own – let us help you get the justice you deserve.
Contact Judd Shaw Injury Law today to set up a free consultation with one of our injury lawyers. Call (866) 909-6894 or complete our online contact form.