Motorcycle accidents can be devastating due to the limited protection riders have compared to those in enclosed vehicles. Even a minor collision can lead to severe injuries such as traumatic brain injuries, spinal cord damage, or broken bones.
These accidents often leave victims facing long recoveries, financial strain, and emotional trauma. If another driver’s negligence caused your crash, you have the right to pursue compensation.
However, recovering damages requires proving fault. At Slingshot Law, our experienced Grand Junction motorcycle accident attorneys understand the challenges riders face after a crash. We are committed to protecting your rights, proving liability, and fighting for the maximum compensation to which you are entitled.
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Key Takeaways – Motorcycles and Are They Safe?
- Riding a motorcycle can be safe when you follow traffic laws, but other drivers’ negligence still poses serious risks.
- You can sue for a motorcycle accident when insurers offer low settlements, deny claims, or dispute fault.
- The compensation amount depends on the severity of the injury, insurance limits, shared fault, and the quality of legal representation.
- Liability may fall on negligent drivers, employers, government agencies, other motorcyclists, or vehicle owners.
- Call a motorcycle accident lawyer for legal support after a crash.
Can Riding Motorcycles Be Safe?
Motorcycle riding can indeed be safe when approached with the right mindset, proper training, and defensive driving techniques. While motorcycles lack the protective shell of cars, safety largely depends on the rider’s skill level and awareness.
Experienced motorcyclists who wear appropriate protective gear, maintain their bikes regularly, and ride within their limits face a lower risk of accidents. Well-trained motorcyclists who follow traffic laws and remain vigilant have much lower accident rates. Wearing proper gear, including helmets, jackets, gloves, and boots, provides life-saving protection.
Additionally, riding within your skill level, avoiding impaired riding, and staying visible through bright clothing and proper lighting all contribute to safer motorcycling. However, even the most careful motorcyclist faces additional risks from careless drivers. The vulnerability of motorcycles means that the mistakes of other drivers can have devastating consequences.
Careless Actions by Other Drivers That Contribute to Crashes
Failure to Check Blind Spots
Many drivers fail to check their blind spots before changing lanes or merging, which can lead to devastating sideswipe collisions with motorcyclists.
Making Left Turns Without Yielding
Drivers frequently turn left across traffic without properly yielding to oncoming motorcycles, misjudging their speed or failing to see them entirely.
Following Too Closely
Tailgating motorcyclists is extremely dangerous, as motorcycles can stop more quickly than cars, leaving insufficient reaction time to prevent rear-end collisions.
Distracted Driving
Texting, eating, or using phones while driving causes drivers to miss seeing motorcycles entirely, leading to lane violations and intersection crashes.
Opening Car Doors Without Looking
Drivers parked on streets often open doors directly into traffic without checking mirrors, creating immovable obstacles that motorcyclists cannot avoid in time.
Can I Sue for a Motorcycle Accident?
Yes, you can sue for a motorcycle accident under various circumstances. While many motorcycle accident claims settle through insurance negotiations, filing a lawsuit is sometimes an option to protect your right to fair compensation.
Here are a few situations that warrant filing a lawsuit:
Low Settlement Offer from the Insurance Company
Insurance companies often make lowball settlement offers, hoping accident victims will accept less than their claims are worth. A motorcycle accident attorney can file a lawsuit to demonstrate your seriousness about obtaining fair compensation.
A motorcycle accident lawyer can use the lawsuit to present comprehensive evidence of your damages, including medical records, expert testimony about future care needs, and documentation of lost earning capacity.
The threat of litigation and the formal discovery process often motivate insurers to reassess their position. When an insurer receives a complaint document from your attorney, they’re more likely to make a higher settlement offer that covers your losses.
Denied or Delayed Insurance Claim
You can initiate a lawsuit when insurance companies unjustifiably deny valid claims or cause deliberate delays. A motorcycle accident attorney can challenge wrongful denials using evidence that contradicts the insurer’s reasoning.
The lawsuit compels the insurance company to respond formally and can expose their tactics during discovery. A motorcycle accident lawyer can pursue damages for the financial hardship caused by unreasonable delays.
Disputed Liability or Fault for the Accident
You can file a lawsuit when the negligent party or their insurer disputes fault for the crash. Whether the other driver denies responsibility or multiple parties share blame, a lawsuit allows your attorney to present evidence in a formal setting.
A motorcycle accident lawyer can subpoena witnesses, obtain police reports, hire accident reconstruction experts, and gather surveillance footage to establish liability. The courtroom becomes a venue where fault is determined by objective standards, rather than the bias of insurance companies.
Severe or Permanent Injuries
Recovering from catastrophic injuries like traumatic brain injuries or amputations requires hefty medical expenses that exceed standard insurance settlements. A motorcycle accident attorney can file a lawsuit to pursue maximum damages that account for lifetime medical care.
They can also make a case for ongoing rehabilitation, permanent impairment, loss of enjoyment of life, and reduced earning capacity. Litigation allows a motorcycle accident lawyer to present medical expert testimony about the long-term impact of your injuries.
They can also demonstrate future losses that insurers typically minimize or ignore in settlement negotiations.
Wrongful Death of a Loved One in a Motorcycle Crash
You can file a lawsuit when a motorcycle accident results in the tragic death of a family member. The lawsuit is an opportunity to pursue damages for funeral expenses, loss of financial support, loss of companionship, and the pain and suffering your loved one endured.
Bad Faith Insurance Practices or Unfair Claim Handling
You can initiate a lawsuit when insurers engage in bad faith tactics like misrepresenting policy terms, failing to investigate claims, or pressuring you to settle quickly.
A motorcycle accident attorney can pursue bad faith claims that go beyond your original accident damages. A judge can award you punitive damages to punish the insurer’s misconduct.
How Much Can You Sue for a Motorcycle Accident
The amount you can sue for in a motorcycle accident varies based on multiple factors that influence your claim’s value. Rather than fixed amounts, compensation depends on the unique circumstances of your case.
Here are the factors that determine how much you can sue for a motorcycle accident crash:
Severity of an Injury
Minor injuries typically result in lower compensation compared to catastrophic injuries. A motorcyclist who suffers road rash or bruising that heals within weeks will recover far less than someone who sustains a traumatic brain injury or spinal cord damage.
Severe injuries that cause permanent disability, disfigurement, or chronic pain command higher settlement values because they affect every aspect of your life.
Availability of Evidence
Evidence is the foundation of all legal cases, including those involving motorcycle accidents. Therefore, substantial evidence enhances the value of your claim compared to instances with limited documentation.
You have a strong claim when you have comprehensive medical records, witness statements, accident scene photographs, police reports, and expert testimony. A motorcycle accident lawyer can use different types of evidence to prove liability and your losses.
Cases with clear video footage or multiple credible witnesses typically settle for considerably more than accidents where evidence is sparse or contradictory.
Insurance Coverage of the Negligent Party
The at-fault party’s insurance policy limits can determine how much you can sue for your losses. If a negligent driver carries only minimum liability coverage, your compensation may be capped at their policy maximum, regardless of your actual damages.
Conversely, when the responsible party has substantial coverage or significant personal assets, you can pursue much higher compensation that fully reflects your losses.
Shared Fault
Shared liability can reduce your recovery based on your percentage of fault. If you’re found 20 percent responsible for the accident, perhaps for speeding or lane-splitting, your compensation decreases proportionally.
A case valued at $100,000 can result in only $80,000 after accounting for your share of fault.
Legal Representation
An injured victim working with a legal professional is likely to yield a higher settlement value. A motorcycle accident attorney understands claim valuation, negotiation strategies, and litigation tactics that maximize recovery.
A skilled motorcycle accident attorney knows how to document damages, counter insurance company tactics, and present compelling cases that justify higher compensation.
Duration of Recovery Period
More extended recovery periods generally warrant greater compensation than quick recoveries. Someone requiring months of physical therapy, multiple surgeries, and extended time away from work deserves a higher award than someone who heals within a few weeks.
Injured victims who require ongoing medical treatment, prolonged rehabilitation, and extended disability deserve higher settlement offers because they endure severe, lasting impacts.
Who Is Liable in a Motorcycle Accident
Determining liability in a motorcycle accident helps injured victims secure fair compensation. Multiple parties may share responsibility depending on the circumstances of the crash. Below are the parties who may be liable for the crash:
Negligent Drivers
In most motorcycle accidents, negligence by another driver is the primary cause. Typical forms of negligence that cause motorcycle accidents include:
- Speeding
- Distracted driving
- Failing to yield
- Making unsafe lane changes
- Tailgating
- Weaving in and out of lanes
When a driver violates traffic laws or acts carelessly, they can be held liable for the resulting injuries and damages. A motorcycle accident attorney can use police reports, traffic camera footage, and witness statements to establish fault.
Employers of Negligent Drivers
The employer may be liable if the at-fault driver was working at the time of the crash. Examples of employees who trigger employer liability include delivery drivers, rideshare operators, or commercial vehicle operators.
Government Entities
Sometimes, unsafe road conditions contribute to a motorcycle accident. Potholes, uneven pavement, inadequate signage, or poor road maintenance can increase crash risks. In these cases, the government agency responsible for road upkeep or design may be held liable for negligence.
A motorcycle accident lawyer can help you initiate a claim against a public entity, which must follow specific procedures and deadlines.
Other Motorcyclists
In some collisions, another motorcyclist’s reckless behavior, such as weaving through traffic or tailgating, can contribute to an accident. Even if both riders share some fault, compensation can still be recovered under shared fault laws, which reduce recovery based on each party’s level of responsibility.
Vehicle Owners Who Lend Their Cars
If a vehicle owner allows another person to drive their car and that driver causes a motorcycle crash, the owner may be held liable for the resulting damages. Liability may arise if the owner knew or should have known that the driver was unlicensed, inexperienced, or impaired.
A skilled motorcycle accident attorney can help prove fault by investigating ownership records, driver history, and insurance details to establish the owner’s responsibility.
Speak With Our Skilled Motorcycle Accident Lawyers Today
Facing the negligent party after a motorcycle accident can be intimidating. For example, you may face an insurance company trying to minimize your claim or deny liability altogether. At Slingshot Law, our skilled Grand Junction personal injury attorneys know how to stand up to these tactics.
We can gather strong evidence, prove fault, and negotiate aggressively on your behalf. Let us handle the legal aspects while you focus on recovery.
Contact us at (866)647-1311 to schedule an initial consultation.
Motorcycle Accidents: Frequently Asked Questions
How Long Does a Motorcycle Accident Lawsuit Take?
The length of a motorcycle accident lawsuit varies depending on the nature of the case, the severity of the injuries, and the progress of insurance negotiations. Some cases settle within a few months, while others may take over a year to resolve if they go to trial.
An experienced motorcycle accident attorney can help you expedite the process and protect your rights.
Should I Talk to My Insurance Company After an Accident?
You should notify your insurance company, but avoid giving detailed statements before speaking with a motorcycle accident lawyer. An attorney can guide you to prevent mistakes that may reduce your compensation.
Who Is at Fault in Most Motorcycle Accidents?
In most motorcycle accidents, fault often lies with negligent drivers who fail to see or yield to motorcyclists. A motorcycle accident attorney can investigate and determine liability based on evidence.