Can I Sue If a Motorcycle Wrecked into My Car?
In 2018, there were approximately 4,985 deaths because of accidents involving motorcycles. In single-vehicle accidents (in which the motorcycle does not collide with another vehicle), two-thirds of accidents are caused by rider error. However, in multiple vehicle accidents, two-thirds of accidents are caused by the other vehicle failing to yield to a motorcyclist or otherwise violating the motorcyclist’s right-of-way.
That means that there is plenty of motorcycle error out there causing injury to motorcyclists. While the motor vehicle operator causes most multi-vehicle collisions, there is still a good chunk of accidents caused by the motorcyclist.
Can I file a motorcycle accident lawsuit if I’m not at fault?
If you’re not at fault for the accident, this is the opportune time to file a lawsuit. If someone else was liable for causing damage to your vehicle or your person (or another passenger), you should file a lawsuit against them for the damages.
The motorcyclist may have been driving under the influence, texting while driving, driving recklessly, or otherwise driving with negligence when the accident occurred, causing them to wreck into your vehicle.
While a motorcycle wrecking into your vehicle likely won’t cause a ton of damage, you may still develop minor injuries that require medical attention—therefore costing you money. You have every right to recover these damages. Minor injuries may include soft tissue damage, lacerations, bruises, and minor breaks to bones like the ribs.
In the unfortunate circumstance that the crash caused severe injuries (for example, if the motorcycle spiraled out into the driver’s side door and caused severe damage to your body), you should 100% file a lawsuit against the driver.
If the accident were caused because of a third party, for example, another driver, you would want to file a lawsuit against them, as they caused the motorcycle to wreck into your vehicle, causing you damage.
What damages can I be compensated for in my car accident claim?
You can recover damages in three categories, economic, non-economic, and punitive damages.
Economic damages are the most common as they cover losses with a monetary value associated with them, including:
- Hospital bills
- Surgery costs
- Ambulance rides
- Physical therapy
- Doctor’s visits
- Lost wages
Non-economic damages are more difficult to calculate. They’re associated with losses that don’t have a monetary value associated with them, such as:
- Pain and suffering
- Loss of consortium
- Loss of caregiver
- Lost earning capacity
- Compensation for permanent disability, disfigurement, and scarring
Non-economic damages are calculated by looking at how much your life quality has changed before and after the car accident. For example, if you were badly injured in the accident (and developed a traumatic brain injury, spinal cord injury, or another serious injury), your life would likely be changed because of it. You may have to adapt to a new way of living, which can be emotionally and physically draining.
Punitive damages are rare. But they may be given out when the liable party caused the accident by acting with gross negligence. This could mean that they were driving while drunk or caused the accident because of road rage. Punitive damages are used to punish the defendant further and prevent them from causing the same harm again in the future.
What factors impact my accident settlement amount?
All settlement offers differ as they’re based on:
- amount of insurance coverage the liable party has available
- severity of your injuries
- total damages you’ve accumulated
- and more
A personal injury lawyer will help you get the compensation you deserve for your injuries while walking you through the process. They’ll fight with the insurance company on your behalf, so you can focus on relaxing and recovering from your motorcycle accident injuries.
Unfortunately, if the at-fault party has little insurance to offer, you likely won’t receive a high settlement. You may be required to use your own insurance coverage to cover your damages.
The more severe your injuries are, the more debt you’ll accumulate from hospitals, doctor’s offices, and physical therapy facilities. This is a factor in calculating compensation in a settlement offer or trial win.
Another factor that plays a large role in the compensation you receive is the at-fault party’s behavior through the process. Are they behaving and acting respectfully? If not, you may be entitled to further compensation for their poor behavior.
Whose insurance company will pay out the settlement for my accident claim?
The insurance company that pays for your settlement depends on why the motorcycle hit you in the first place. If it were solely the motorcyclist’s fault, their insurance company would be responsible for paying out your settlement. If the motorcyclist were hit by another driver, causing them to hit you, the other driver’s insurance company would be responsible for paying your (and the motorcyclist’s) settlement.
How will a personal injury lawyer help my car accident case?
Hiring a personal injury lawyer is a great way to ensure that your accident case is dealt with quickly and efficiently. A personal injury lawyer will make sure that you’re resting, relaxing, and recovering while they work with the insurance company on your behalf.
They’ll get the best settlement possible from the insurance company, and if not—they’ll take your case motorcycle accident lawsuit to trial.
For more information and a free case evaluation, please contact Jones Law Group of Tampa Bay, Florida. Our talented attorneys have years of experience working on motorcycle and car accident cases. So we know how to handle insurance companies that won’t cooperate. Please contact us online or by calling us at 727-571-1333.