What Goes into Estimating a Motorcycle Accident Settlement?
The severity of the injury a victim suffers in a motorcycle accident is a critical factor in estimating a motorcycle accident settlement. Although motorcycle accidents don’t occur any more often than passenger vehicle accidents, the seriousness of injuries when a motorcycle accident occurs is much higher. Because they are capable of high speeds but offer minimal occupant protection, they are the most hazardous highway vehicles.
Eric Ratinoff Law Corp. provides personalized care and attention to our injured clients. We have over 25 years of experience representing motorcycle accident clients in Sacramento and a successful track record of securing maximum results for accident victims.
- 1 Causes and Types of Motorcycle Accidents and Injuries
- 2 The Three Most Common Motorcycle Injuries
- 3 Factors that Go into Estimating Your Motorcycle Accident Recovery
- 3.1 The severity of the plaintiff’s injuries.
- 3.2 Whether injuries affect the victim’s ability to perform the essential functions of a job.
- 3.3 The amount of economic and punitive damages the victim has suffered.
- 3.4 The degree of fault between the motorcyclist and the other driver.
- 3.5 The amount of the defendant’s assets and insurance.
- 4 Who Pays for the Medical Expenses of the Injured Motorcyclist in an Accident?
- 5 Why Contact Eric Ratinoff Law Corp. if You are Injured in a Motorcycle Accident?
Causes and Types of Motorcycle Accidents and Injuries
There are several reasons why motorcycles crash, but most accidents are caused by one of 3 reasons:
- Collisions with another vehicle
- Single-vehicle accidents where the rider hits an obstacle in the road or another fixed object
- Vehicle failure
In most motorcycle accidents, the motorcyclist is not at fault. Still, even at low speeds, an accident can inflict severe injuries to the head, face, or neck or fracture and shatter bones, which may require surgery to treat correctly.
The Three Most Common Motorcycle Injuries
- Head injuries, such as concussion or fractures of the skull, and traumatic brain injury, are the top cause of disability and death in motorcycle accidents.
- The Center for Neuro Skills reports that a broken leg is the most common injury for motorcycle accident victims. Since a motorcycle cannot stand upright on its own, most motorcycle accidents cause the bike to fall over. The rider’s leg remains underneath the bike, resulting in a broken leg.
- Broken or Paralyzed Arm. In some motorcycle accidents, the rider will land on one or both of their arms, causing nerve damage to the Brachial Plexus in the upper body. Trauma to the Brachial Plexus can leave the arm without movement.
A successful personal injury case in Sacramento, CA. could lead to compensation for your past and future health care expenses, lost wages, property damages, pain and suffering, disabilities, and other damages. Let Eric Ratinoff Law Corp. evaluate your case and determine if you have grounds to file a personal injury claim.
Factors that Go into Estimating Your Motorcycle Accident Recovery
A motorcycle accident victim who suffers severe injuries should recover compensation for their medical costs, loss of wages, and pain and suffering. The amount of that compensation depends on several factors such as:
The severity of the plaintiff’s injuries.
The more severe the injuries, the more significant the medical costs for hospital stays, medication, equipment, physical therapy, rehabilitation, and nursing care.
Whether injuries affect the victim’s ability to perform the essential functions of a job.
If an accident victim’s injuries are so severe that they cannot return to work for a time, or at all, they may require compensation for wages lost while out of work, or additionally, lost future earning capacity.
The amount of economic and punitive damages the victim has suffered.
Depending on the type and extent of your injury, you may be eligible for compensatory economic and punitive damages, which may include the following:
- Property damage
- Medical bills
- Lost wages, including overtime
- Out of pocket expenses
Non-Economic or Punitive Damages:
- Pain and suffering
- Physical disability
- Permanent scars
- Emotional trauma
- Mental anguish
- Loss of enjoyment of life
- Loss of love and affection
- Mental disability
The degree of fault between the motorcyclist and the other driver.
If the victim cannot prove that another party is at fault for their injuries, they will be less inclined to settle for a reasonable amount. Like most motor vehicle accident cases, motorcycle accident claims are almost always governed by the legal concept of negligence.
The amount of the defendant’s assets and insurance.
The amount of liability insurance that the at-fault party has, as well as any potential assets the defendant has, will factor into the amount of your recovery.
Eric Ratinoff Law Corp. invests a significant effort to get to know your story and how your injury has affected your life. As a trusted personal injury attorney, we will discuss the specific circumstances surrounding your accident and injury to provide you with a better understanding of what you may be able to recover, and how the process will go.
Who Pays for the Medical Expenses of the Injured Motorcyclist in an Accident?
If the motorcyclist was not at fault, they might be able to seek damages from the party negligent in causing the crash. To prove negligence, a plaintiff (the injured party bringing the claim) must establish four main elements:
- The defendant (the accused party) owed the plaintiff a duty of care.
- The defendant failed their duty of care.
- The defendant’s failure to uphold their duty caused the accident.
- The accident caused compensable damages.
Damages may include physical injury, pain and suffering, mental anguish, emotional distress, medical bills, lost wages, the lost capacity to work, lost quality of life, and property damage.
If your injuries would not have happened had it not been for the defendant’s negligence, you might be eligible for financial compensation regardless of your specific injury diagnosis. At Eric Ratinoff Law Corp., our goal in every case is to obtain maximum compensation for injury victims.
Why Contact Eric Ratinoff Law Corp. if You are Injured in a Motorcycle Accident?
Our team of highly skilled attorneys will help determine how much compensation you could be awarded based on the circumstances of your case. We focus on handling the documentation of your claim and negotiations with insurance companies while keeping you in the loop so that you can focus on recovering from your injuries.
Our firm consists of seasoned trial lawyers with over 25 years of experience in personal injury law with a statewide and national reputation for obtaining outstanding results. Attorney Eric Ratinoff has been named a Northern California Super Lawyer every year for over ten years, and is listed in the Top 100 Lawyers in The National Trial Lawyers.
Our attorneys work on the basis of a contingency fee, so you won’t pay a dime unless we win. Call (916) 970-9100 to schedule your free, no obligation consultation or contact us today.