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If you’ve been involved in a motorcycle accident and need justice, you needn’t look further. This piece details everything you need to know about motorcycle accidents and their settlements.
Motorcycle Accident
Motorcycle accidents usually have higher chances of more severe injuries and fatalities than car accidents, hence a pressing need to be well informed about them. The definition of motorcycle accidents incorporates collisions with other cyclists, other vehicles, as well as crashes involving one motorcyclist. To know if you are eligible for a motorcycle accident settlement or get help collecting one, you need a dependable motorcycle accident attorney.
Motorcycle Accident Statistics
Motorcycle Accidents cost the country close to $16 billion each year. Since motorcycles lack the protective carriage of four-wheeled vehicles, motorcyclists are likelier to experience severer accidents.
According to the NHTSA, motorcyclists are 27 times more susceptible to suffer a fatal accident than car drivers. The gravity of injuries and the suffering are bound to affect the size of the motorcycle accident settlement.
Over the years, motorcycle accident statistics have fluctuated a lot. In 2016, all motorcycle accident injuries totalled to around 88,000. In 2015, motorcycle fatalities stood at 5,026 but went up by 6.19% the following year when 5,337 people died in motorcycle accidents. In 2017, motorcyclist fatalities dipped by 2.02%, with a total of 5,229 motorcycle accident victims. The motorcyclist deaths remarkably decreased again in 2018 by 4.67%, when 4985 motorcyclist deaths were recorded.
In all these four years, the percentage of motorcyclist deaths compared to all motor vehicle deaths were at a steady 14%. In 2018, the rate of fatally injured but unlicensed motorcyclists stood at 30% compared to 16% fatally injured passenger vehicle drivers. The rate of drunk driving fatalities is 27% compared to all other causes. Furthermore, 57% of all motorcycle fatalities involved victims who wore no helmets.
Of all motorcycle accident fatalities in 2018 (4,985), 37% (1,866) were single-vehicle crashes, while 63% (3,119) involved multiple vehicles. What’s more, most of the fatalities in this year (37%) were of motorcyclists aged 50 and above. The fatality rate of motorcyclists aged 29 and below stood at 28%.
Causes of Motorcycle Accidents
Understanding the causes of motorcycle accidents can help motorcyclists avoid predisposing themselves and others to danger. Causes of motorcycle accidents have effects on their severity.
Motorcycle Accidents Caused by Speeding
Speeding and driving under the influence of alcohol are among the highest causes of motorcyclist accidents. Furthermore, if the driver who was at fault was in any way impaired (by alcohol or drugs, sleep-deprived, etc.), the chances of a decent settlement skyrocket.
In 2013, the previous records of motorists involved in fatal accidents showed that the highest prior convictions were of speeding motorcyclists (19.6% of all convictions). Among all motorcycle riders involved in fatal crashes in 2013, 34% were speeding.
Motorcycle Accidents Caused by Cars
You have to wonder; how often cars are involved in motorcycle accidents and how often they are liable. A study by the Florida Department of Transportation stipulated that 34% of all motorcycle crashes include one vehicle – the motorcycle itself. This rate contrasts starkly to only 19% of car accidents, which involve one vehicle. What’s more, 50% of all fatal motorcycle accidents involve one vehicle.
However, this doesn’t imply that other motorists are blameless. In fact, in motorcycle accidents involving more than one vehicle, cars are often to blame. The report established that four-wheeled drivers are more willing to yield for fellow drivers of four (or more) wheeled vehicles than for motorcyclists who are moving the same speed.
This phenomenon can be explained by the fact that motorcycles look slower, less menacing, and further away than bigger vehicles moving at similar speeds. This study asserted that, based on ten years of crash statistics, 60% of the time, car drivers were at fault when they got into accidents with motorcyclists.
One instance when these situations occur is when other vehicles make left turns into the paths of motorcyclists. Of all motorcycle accidents involving a car, these collisions account for 42%. Motorcycles often run into cars in this way when trying to overtake them or going straight through an intersection. One man who was headed for a crossing and got hit by a truck managed to get a $445,000 settlement.
Motorcycle Accidents Caused by Lane Splitting
Lane splitting is riding a motorcycle between two lanes with stagnant or slow traffic. Even though lane splitting is a well-known cause of motorcycle accidents, it is still legal in California, Europe, and Asia. However, California the only state in the U.S., where the practice is legal demands that lane splitting is done safely and prudently.
Many motorcycle accidents are caused by lane splitting mainly because of the narrow space between the cars and the motorcycle. Accidents also occur when the vehicles try to maneuver without anticipating the presence of lane splitters. The fact that the practice is illegal all over the country makes it all the more difficult for other motorists to be on the lookout for lane-splitting motorcycles.
A motorcycle accident lawyer can still get you a settlement – albeit a proportionately reduced one – depending on the extent to which you are partially to blame for the accident. A lane-splitting motorcyclist was able to get a $100,000 settlement in California. In Florida, you could get a settlement as well, but since lane splitting is illegal here, it could be lower.
Motorcycle Accidents Caused by Grass
When people landscape their property, they might blow grass clippings onto the roads. This negligent act puts motorcyclists in danger, and your motorcycle accident attorney can get settlements if it causes you an accident.
Grass clippings interfere with the consistency necessary between the wheels and the asphalt. Some bikers have even compared grass clippings to black ice, which implies that a motorcyclist may lose control and experience a dangerous crash, if not a fatal one.
The problem with grass clippings is that they aren’t ruled as litter in most states. Therefore, bikers have a problem to worry about most of the time, not knowing where grass might appear in their way.
Motorcycle Accidents Caused by Elderly Drivers
Despite the presumption that young motorcyclists are fast and reckless, older ones have been statistically proven to be involved in more than half of all motorcycle accident fatalities. Researchers associate this phenomenon with reduced visual keenness and reaction speed. In 2015, the NHTSA found that 54% of all motorcycle accident fatalities were 40 years or more.
As an older motorcyclist, if your age makes you partially responsible for an accident, a motorcycle accident lawyer can still help you acquire a decent compensation. A motorcyclist got an out-of-court settlement after being broadsided by an elderly driver for $875,000.
Motorcycle Accident Prevention in Florida
It is a worrying phenomenon that a fifth of all deaths from vehicular accidents that occur on Florida roads involve motorcycles. Florida also reports the highest number of motorcycle accident deaths in the country. However, it is relieving that it is possible to mitigate motorcycle accidents in Florida.
Motorcycle Safety/Accident Prevention Course
One of the ways to make motorcycles safer in Florida and prevent accidents is by making sure that drivers have adequate knowledge – beyond the basic licensing qualifications. Taking a motorcycle safety/accident prevention course is one way in which motorcyclists can protect themselves and others.
This course encourages and reinforces safe practices such as wearing helmets while riding, which statistics suggest reduces the chances of losing one’s life by half. Other ways to protect oneself include avoiding tricky locations and driving under the influence. The course instills watchfulness and defensive driving.
However much you try to protect yourself and others, you may still fall victim to external factors that you can’t control such as careless motorists. In such a case, don’t hesitate to contact a motorcycle accident attorney.
Motorcycle Accident Lawsuit/Motorcycle Accident Settlement
The average motorcycle accident settlement between 1996 to 2006 is about $80,000, according to research published by Thomson Reuters. However, a settlement can go as high as more than $5 million. A motorcyclist in Hialeah was hit by a truck, which failed to yield right of way at a four-way intersection. The rider broke his leg and finger, underwent surgery, and got a settlement of $445, 000.
In Florida, the most significant portion (38.4%) of motorcycle accident lawsuits that go to court get nothing! Why is that? This is because most of them go to court, and courts are unpredictable, with too many variables. Furthermore, most settlements can be resolved comfortably, amicably, and favorably without filing a lawsuit. Upon an accident, don’t hesitate to call a motorcycle accident attorney for advice on your next step.
Motorcycle Accident Settlement Process
In Florida, every motorist is required to have personal injury protection with an insurance company. Therefore, immediately an accident occurs, you should;
- File a claim for your insurance company to cover your medical expenses. Even though the usual amount is a $10,000 cap, your insurance can cover you with more in case you are involved in a grave accident.
- Next, you should call a good motorcycle accident lawyer to help you settle for your injuries. The first stage is called a pre-suit. During this period, as you get treatment, your lawyer will collect the information they need and demand a settlement from the insurer of the liable motorist. At this point, they may decide that they don’t want to settle, and the case may proceed to court.
- After paper discovery and depositions, your motorcycle accident lawyer will agree on a reasonable settlement amount. This amount will require your consent, or else you can make a counteroffer.
- You will be presented with a final document with the settlement offer, which you need to sign to complete the transaction.
Motorcycle Accident Verdicts and Settlements
Motorcycle accident cases involve very many variables that make it difficult to predict the final verdict or settlement. It is common knowledge that juries view motorcyclists as reckless and irresponsible. If you should get a verdict given your way, you need to convince the jury beyond their bias and prejudice.
You should also value the case based on several factors so that you can settle on the amount that the defendant would be willing to pay and what the plaintiff would be willing to accept. The extent of the damages incurred by the plaintiff and the likelihood of the defendant to be found guilty have a significant bearing on the value. These factors also determine whether an amicable out-of-court settlement can be met.
Verdicts and settlements depend primarily on the amount and availability of insurance. If a verdict exceeds the liability limit of coverage (it happens often), the plaintiff can’t collect the full amount. Therefore, the best option is to take a settlement out of court, which is equivalent to the insurance coverage limits.
Among some high profile settlements include one in which the victim suffered broken vertebrae and nerve damage and got a $1.6 million settlement. A trailer-pulling truck turned left at high speed in front of a motorcyclist and killed him. The settlement was $355,000.
AAA Settlements for Motorcycle Accidents
Huge settlements have been made against vehicles with AAA insurance, in favor of motorcyclists before. An older man driving a large car with an insurance policy with AAA hit two motorcycle accident victims. The two motorcyclists collected a settlement of $200,000. Such a settlement only needs a top-quality yet caring motorcycle accident lawyer.
Civil Lawsuit Payouts in Motorcycle Accidents in Florida
Considering that it’s the state with the highest number of motorcycle crashes in the country, it’s no surprise that it has lots of settlements. Most settlements in Florida range between $500,000 and $1 million. One of the high profile settlements in the state is the $445k settlement mentioned earlier for the motorcyclist who was hit by a truck in Hialeah.
Common Motorcycle Accident Questions
Here are some of the most frequently asked questions about motorcycle accidents and their explanations.
What percentage of motorcycle riders get in accidents?
About 90%. Yearly, over 80,000 motorcyclists get injured. It shouldn’t worry you that virtually all long time riders run into mishaps a few or more times. Most of these accidents aren’t very serious. Wearing protective gear helps a lot. If you’re passionate about riding motorcycles, You’ve had your share of accidents of varying gravity.
In 2017, out of 100,000 registered vehicles, 61.11% were involved in fatal accidents. These numbers are much higher compared to 14.75% for light trucks and 15.82% for passenger cars.
What to do after a motorcycle accident?
It all depends on the gravity of the accident.
- If you can, move yourself and other victims from dangerous places such as roads. If you’re severely injured, you can enlist available help to get to safety.
- Remain calm and do nothing unnecessarily strenuous like removing your gear.
- Call 911 and seek immediate medical attention.
- Don’t leave the scene until the authorities have examined it.
- Take photos of the scene as they could help prove your innocence.
- Ask the accounts of any willing eyewitnesses and take their names and contact details.
- Don’t give a police statement because it might be inaccurate by your confused, scared, or even concussed state. Insurance companies may use the compromised information to reduce your settlement.
- Don’t talk to your insurance company immediately. Insurance companies don’t have your best interests at heart.
- Call a motorcycle accident lawyer before making a police statement or talking to your insurance company.
Should I get a lawyer for a motorcycle accident?
If it was a minor accident involving only you with minor injuries, you don’t have to hire a motorcycle accident attorney. If it was just you, but the road wasn’t safe because of grass clippings, faulty traffic lights, and such factors, call a lawyer immediately.
If the accident involved other vehicles, you should call a lawyer. A motorcycle accident lawyer will help you get a settlement or file a lawsuit if the need arises. Furthermore, a lawyer will ensure that insurance companies don’t take advantage of your possible ignorance.
How many motorcycle accidents are caused by cars?
About 75% of all motorcycle accidents involve another vehicle. 56% of all fatal motorcycle accidents include other vehicles. 78% of these accidents are head-on collisions and often result in the death of the motorcyclist.
Of all motorcycle accidents involving a car, 42% comprise of vehicles making left-hand turns and ramming the motorcyclist.
Cars are such a danger to motorcyclists because the smaller size of the motorcycles makes them less discernible in traffic than other vehicles. What’s more, motorcycle maneuvers are too swift to read quickly and avoid.
How many motorcycle-related accidents are there yearly due to grass clippings on roadways?
The grass is very slippery since it is composed of 85% water. It is even more dangerous than a sheet of ice because you can’t predict where you’ll stumble upon it. If it has rained or it is after dark, it is even more dangerous.
Since these cases are almost exclusive spring when everyone is mowing their lawns, the cases aren’t that many. Those that happen haven’t been appropriately documented yet.
How to avoid motorcycle accidents?
Altogether avoiding them is difficult, but here are a few tips to keep safe on the roads.
- Be vigilant. Watch your surroundings (fellow motorists, pedestrians, and road conditions) closely to avoid surprises.
- Wear motorcycle riding gear, including a helmet. The proper gear keeps you comfortable and alert and reduces your risk of getting any serious injuries.
- Stick to speed limits of specific roads.
- Avoid driving under the influence of alcohol or any other drug
- Don’t drive when sleepy or fatigued.
- Avoid lane splitting and lane sharing as much as you can.
- Maintain your motorcycle in good condition.
- Avoid riding in adverse weather conditions, and if you must, maintain a reasonable speed.
What should you do after a motorcycle accident?
- Get yourself to safety to avoid getting run over by other motorists.
- Check yourself for injuries, but don’t remove your helmet and riding suit if you think you have serious injuries.
- Help any other victims.
- Take pictures and videos of the accident scene.
- Get as much information as you can from eyewitnesses, including their contact details.
- Call 911 and seek medical attention.
- Call a motorcycle accident attorney before making any statements or talking to your insurance provider.
How to prevent car and motorcycle accidents?
- Motorists, especially car drivers, should avoid making left turns.
- All motorists should use indicators as they overtake and make turns on the road.
- Motorcycle riders should wear bright clothing or/and reflector stripes to make them more conspicuous to other motorists.
- Bigger vehicles should give motorcyclists enough leeway to avoid getting them into accidents.
- All motorists should be watchful and obey all traffic rules.
What is the most common cause of motorcycle accidents?
It has been established that motorcyclists are 27 times more likely to have an accident than any other motorist. There are many causes of motorcycle accidents, but here are the most common.
- Driving under the influence of alcohol or other drugs compromises the judgment of a motorist and causes many accidents.
- Open car doors. At times, car doors open into the way of oncoming motorcyclists and cause accidents.
- Sudden stops cause motorists to run into each other.
- Speeding increases the chances of collisions, loss of control, and accident severity.
- Lane splitting puts motorcyclists in great danger.
- Left turns by vehicles cause other motorists to run into them.
- Dangerous road conditions such as grass clippings make them hazardous and cause accidents.
- Motorcycle defects due to lack of servicing or prior accidents can cause a motorcycle to crash.
At what speed do most motorcycle accidents happen?
High speeds make a motorcycle prone to accidents. However, most motorcycle accidents occur when riding below 30mph. Prior to an accident, motorcycles are usually at an average speed of 29.8mph. At the moment of impact, they are at an average speed of 21.5mph. Only one in a thousand cases is the speed of the motorcycle around 86mph.
Do motorcycle blind spots cause accidents?
Motorcycles have a smaller blind spot than bigger vehicles. Therefore, they rarely cause accidents. The body of the rider makes for a little blind spot, which might prevent them from discerning small cars behind them on the rearview mirrors. This way, accidents may happen.
However, blind spots of larger vehicles put motorcyclists at serious risk of accidents. Such accidents are prevalent.
Can old concussion to the head from motorcycle accidents cause personality changes?
Concussions that cause traumatic brain injury, hence personality changes, are a common phenomenon. After a brain injury, one can experience a change in the discernment of occurrences and expression of emotions. On the other hand, the personality may change following emotional reactions to the changes that the brain injury causes.
Some brain injuries can cause changes in personality changes, poor concentration, loss of impulse control, as well as memory and judgment problems.
What happens if one causes a motorcycle accident without insurance or registration?
In most states, it is illegal to drive without a license and insurance cover. Even if you’re not to blame for the accident, lack of it prevents you from collecting compensation for damages incurred. If you are at fault, you may be personally liable for millions of dollars. You could be prosecuted for driving without insurance and registration. Even though you could be compensated, the amount could be reduced mainly because of the lack of coverage.
What is the most common cause of death in a motorcycle accident?
Injuries to the head are prevalent among motorcyclists. About 50% of motorcyclists who die in crashes have no helmets. Head injuries, specifically craniocerebral injuries, cause most motorcycle fatalities.
Motorcyclists should always wear helmets when they ride.
Can the color of your motorcycle prevent accidents?
Most motorists don’t easily spot motorcyclists since they’re smaller than all other vehicles. Bikers look slower and more distant than larger vehicles. If a car doesn’t detect a motorcycle or misjudges its speed and distance, an accident is very likely to occur.
Bright motorcycles are more natural for other motorists to spot and give leeway. Therefore, vivid colors of motorcycles can be helpful.
Is there clothing that prevents injury in motorcycle accidents?
Acquiring quality motorcycle riding clothing can be expensive. However, the protection it offers makes it worth every penny. Riding jackets, pants, and suits prevent a rider involved in an accident from severe grazes and fractures.
Stellar riding gear will reduce injury severity and mortality rate in motorcycle accidents.
Are civil lawsuits common in motorcycle accidents?
If another motorist is involved in a motorcycle accident, the motorcyclist will most likely seek compensation. Most motorcyclists seek redress rather than prosecution of the defendants. Such cases are prevalent.
In case a motorist gets into an accident by themselves (without the involvement of other motorists), there could still be a liable party. If there is, a civil lawsuit is likely. However, on rare occasions when a motorcyclist is at fault in an accident (involving another motorist or not), they can’t sue.
What’s the average cash settlement for motorcycle accidents?
Thomson Reuters released research stating that the average settlement amount between 1999 and 2006 was $73k. This data is still very reliable.
However, there are many variables involved, such as the severity of the injuries. Furthermore, the motorcycle accident lawyer involved has to be good enough to negotiate a reasonable settlement.
How much is a good settlement for a motorcycle accident?
A reasonable settlement is relative to the extent of the damages incurred by the motorcyclist. The more serious the injuries are, the higher the settlement should be. The liability of the defendant and the complainant also matter. Your lawyer has to be good enough, too to secure a good settlement.
If the injuries are severe, the defendant is unmistakably liable, and you have a good lawyer, you can get up to millions in settlement.
