Landover Motorcycle Accident Lawyer

If you were hit while riding a motorcycle, you could be entitled to substantial compensation from the driver who hit you.  These kinds of accidents often leave victims with severe injuries – injuries much worse than those sustained in car crashes where seat belts, air bags, and the car itself all protect the victim.

In many motorcycle accident cases, the victim only suffers injuries because of something the other driver did.  If it were not for these mistakes, the victim would have been fine, but since the defendant driver did commit errors or mistakes that injured the motorcyclist, the driver is on the hook for any and all damages the motorcycle rider suffered.

For a free case review with our motorcycle accident lawyers, call us today at Rice, Murtha & Psoras by dialing (410) 694-7291.

Holding Drivers Responsible for Motorcycle Crashes in Landover, MD

As mentioned, motorcycle riders are often only injured because of the mistakes that other drivers on the road make.  Motorcycles are not inherently unsafe, as they do not usually crash on their own without a person’s mistakes.  While there are certainly single-vehicle crashes that victims usually cannot sue for, when their crash is another driver’s fault, they could be entitled to insurance claims and lawsuits to recover high-dollar compensation.

If another driver hit you, we need to be able to prove each element to a legal standard known as the “preponderance of the evidence” standard.  This is a “more likely than not” standard and equates to around a 51% certainty that the accident happened as you say it did.

Moreover, we need to show that them hitting you with their car was “negligent.”  Negligence, as a legal concept, usually includes some kind of mistake or error rather than something done intentionally.  As such, we look for things like traffic violations – speeding, drunk driving, distracted driving, etc. – that caused the crash.

This brings us to another important element: causation.  If the crash would have happened even if the defendant did everything right or it can be attributed to weather conditions or some other outside force, then the driver cannot be held at fault.  Instead, we need to show that the crash would not have happened but for the defendant’s actions.

This “but for” or “factual” causation must also be linked with “proximate” causation.  This means that the defendant’s acts were closely tied to the accident in a way that it can be considered the “legal” cause of the accident.  For example, if they did something like bump your tire several miles back, and you kept driving on the damaged tire, then it is unlikely that our car accident lawyers can link that “bump” to the crash as its legal cause, even though the accident would not have happened without it.

Lastly, to hold a driver liable for the crash, you must show what damages they caused you.

Damages for Injured Motorcycle Riders in Landover

After a motorcycle crash, riders often face very serious injuries.  These injuries can be far worse than those obtained from car crashes because of the lack of protective equipment and safety features.  While your helmet will go a long way toward keeping your face and head safe in a crash, you could face substantial injuries like amputation, broken bones, and even severe abrasions and scrapes that could require treatment at a hospital.

Any medical care that you needed as a result of your injuries should be compensated in full.  Along with this, you should receive compensation for any pain and suffering linked to the injury.  Pain and suffering is not something you can prove with receipts and copies of bills like you can with medical expenses, but our lawyers can still help you evaluate the cost of this pain and suffering and put a dollar amount on your claim.

In addition to medical bills, you can claim other “economic” damages for things like lost wages, home service needs, childcare costs, and other replacement services you cannot perform yourself while injured.  The lost wages you face can be claimed on an ongoing basis, covering you for the lost earning potential you face in the future if your motorcycle crash caused permanent disabilities that keep you from working at your previous income level.

Insurance Claims vs. Settlements vs. Lawsuits for Motorcycle Accidents in Landover

When you are injured in a motorcycle crash, you will usually start your case with an insurance claim.  This is often the first step in your case because, if it is successful and the insurance company pays the full value, you can end your case quickly.  However, insurance companies are not always likely to pay you for all of your damages.

If you accept the money from the insurance company or otherwise make a deal for damages with the defendant, it is considered a “settlement.”  Settlements are considered the end of your injury case, and you cannot go back to court and sue for additional damages after settlement.  In fact, settlements will usually involve a contract that specifically says this, and you cannot usually get a settlement without signing away the right to additional damages.

If you do want to seek additional damages beyond what the insurance company or defendant has offered, our lawyers can negotiate for a better settlement.  In many cases, this can result in full payment – or at least higher payments – to cover your needs in full.

However, insurance companies and defendants will sometimes refuse to pay what you are owed.  When that happens, a lawsuit is likely your best option.  In a lawsuit for motorcycle injuries, we can present the case to a jury, and they can decide issues of fault and calculate damages in your case.  When a judge and jury rule on your case, they order the defendant to pay the full value – usually through their insurance – even if they do not want to pay up.

This can potentially lead to higher damages than they are willing to voluntarily settle for, but there are no guarantees that the jury will rule in your favor.  As such, you should always have a lawyer advise you on how your case is going and what your best path to maximizing your compensation might be.

Contact Our Landover Motorcycle Accident Attorneys Today

Call Rice, Murtha & Psoras’ motorcycle accident lawyers at (410) 694-7291 for a free review of your injury case.