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Motorcycle Accidents

Oliveira Law, PLLC > Vehicle Accident > Motorcycle Accidents

The Truth About Motorcycle Accidents

Getting in a motorcycle accident is more dangerous than getting hit driving a vehicle. The bike rider is much more vulnerable to being more exposed, making this an accident many have not walked away from.

But whether a person can walk away from a motorcycle accident or the accident resulted in wrongful death, they deserve the right to be fairly compensated for the loss.

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Types of Claims for Motorcycle Accidents

In the case of motorcycle accidents, the bike rider is likely injured and the motorcycle is likely damaged or totaled. The victim or their loved one should file a property damage claim and a personal injury claim.

Filing both claims will ensure that both personal costs and asset loss are covered. The person responsible will be held liable and the compensation needs to be fair.

Types of Motorcycle Accident Injuries

When it comes to a collision on the road, the higher the speed at impact, the more severe the injury and damage can be. Many of these accidents are quite severe because the motorcycle rider only has a helmet for protection, assuming they wear one. The rest of their body is extremely vulnerable to any blunt force to the body.

Injuries Caused By Motorcycle Accidents

  • Brain injuries
  • Spinal injuries
  • Dismemberment
  • Broken bones
  • Damaged vital organs, tissues, nerves, etc.
  • Bruises, wounds, and lacerations
  • Fatality
  • Becoming paralyzed

Riders showing any signs of driver negligence in their case will give the defendant’s insurance company a possible small advantage.


In most cases, the car driver that hit the person on the motorcycle is a fault. However, other scenarios can take place such as:

  • There was a defective part in the car that made the driver unable to refrain from hitting the motorcycle, making the manufacturer or repair company
  • A passenger in the car could have distracted the driver causing the accident, making them liable.
  • An employee that’s driving an assigned work or government vehicle hits someone on the motorcycle, possibly making the company or government
  • A big pothole in the road could cause a driver to accidentally hit the motorcycle rider, possibly making the city or county

Speaking with an experienced attorney can help determine who is specifically responsible.

Filing Claims for Motorcycle Accidents

There are a few steps to take to file a solid claim. The immediate steps taken are important for building a strong claim.

Immediate Action

In the event an accident happens, medical attention is number one. Get a proper diagnosis and treatment and have copies of all medical records. Law enforcement should be called upon to arrive at the scene of the accident to file a report, which is part of your gathered evidence.

Pictures of both the scene and the injury should be taken also. Present all this evidence to a lawyer and receive legal assistance in filing a claim.

Finding the Right Lawyer

The best option is finding a personal injury attorney that has some experience in property damage claims as well. They will know what’s needed to recover the loss and who is most responsible for the injury.

It should be preferred to find an attorney with a history of motorcycle accident cases. Inquire if they have experience representing the plaintiff or defendant in these cases.

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Settlement or Trial

When the claim is filed, the defendant’s insurance will try to reach out, and there will be an offer. The lawyers can conduct meditation and if the offer is not accepted, the case can be requested to go to trial. A majority of all motorcycles result in settlements, but if the defendant wants to challenge allegations and the offer isn’t accepted a trial will happen.

Going the route of going to trial can be lengthy and more expensive. Based on how long it takes the plaintiff and the defendant to gather evidence, the trial could be pushed out for months or longer. Lawyers have to provide more time to the case, so their fees will increase.


Compensation can be relatively high due to personal costs being covered as well as damages for the motorcycle. While the property damage claim can handle replacing or repairing the bike, the personal injury claim can include compensation for:

  • Medical bills (present and future)
  • Loss of wages
  • Loss of consortium (spouse claim)
  • Pain and suffering
  • Adaptive equipment
  • Rehabilitation and physical therapy
  • Therapy and counseling

When the settlement is received, medical expenses and lawyer fees are deducted. If the case goes to trial, the lawyer fees will increase due to them dedicating more time to the case. The remaining funds will go to the plaintiff.

Motorcycles are meant for a fun experience on the road, not a life-threatening experience. If you or a loved one suffers injury from a motorcycle accident, contact Oliveira Law. We specialize in personal injury law and provide legal services in multiple areas.