Erie County Motorcycle Accident Lawyers
Erie County Motorcycle Accident Lawyers
All it takes is one driver mistake for a day on a motorcycle to turn hazardous or even deadly. Motorcycle accidents can cause serious and life-changing injuries that may result in devastating financial effects for the victim and their family. The law allows you to pursue full financial compensation when you or a loved one has been involved in a motorcycle accident. Speak to an experienced motorcycle accident lawyer to learn more about your legal rights and take the first steps toward beginning the legal process.
What Are Common Injuries in a Motorcycle Accident?
Motorcycle accident injuries, on the whole, tend to be more serious than those that you may suffer in another type of motor vehicle crash. When you are on a bike, you do not have much, if anything, to protect yourself from impact with either the car or the pavement. Accordingly, there is little chance that you would emerge from a motorcycle accident completely unscathed. Common injuries in a motorcycle accident include:
- Fractures and broken bones
- Internal injuries
- Cuts and lacerations
- Traumatic brain injuries
- Neck and back injuries
- Spinal cord injuries
Regardless of the type of injury you have suffered, it is vital that you seek medical care. Not only can a doctor diagnose and treat your injuries, but they can also document them, so your motorcycle accident lawyer can quantify your damages properly.
How Do I Get Money for My Motorcycle Accident Injuries?
Before you can receive compensation for your motorcycle accident injuries, you must prove that there is someone who owes you money. Most often, this would be the other driver involved in the accident. You must show that they did something wrong that gives them a legal obligation to pay you damages.
“Negligence” is the basis for every motorcycle accident claim. In the legal context, negligence means that a driver has done something that an ordinary driver would not have done under the circumstances. Common examples of negligence in a motorcycle accident case may include:
- Rear-ending a bike because the driver was following too closely behind and did not stop in time to avoid an accident.
- Cutting in front of a motorcycle just because the driver made an illegal left-hand turn.
- Striking a bike because the driver did not see them and was unable to avoid the accident.
- Failure to properly check blind spots before changing lanes.
- Cutting off a biker because the driver was reckless.
How Much Money Can I Get for My Motorcycle Accident Injuries?
There is no one set answer for how much money you could receive, other than that you are entitled to be paid for all of the damages that you have suffered.
In a motorcycle accident case, you could suffer damages in a number of ways. You could incur direct ‘economic’ costs from your injuries by having to pay medical bills and not being able to work fully. Further, your injuries could have a number of impacts on your life and take away from its quality. Both are part and parcel of motorcycle accident damages. Your lawyer would review your situation and help determine how much you should seek from the other driver.
Who Actually Pays Me Compensation in a Motorcycle Accident Case?
Although it is the driver who has the obligation to pay you, most often, your motorcycle accident compensation would come from their insurance company. They are the ones who take on the legal obligation to settle your case, up to the amount of the policy limit. As such, you would likely file a claim against the responsible driver's insurance policy, or you may file a lawsuit in court. If you have chosen the latter option to pursue compensation, their insurance company would defend against the case.
Why Does the Insurance Company Seem to Treat Injured Motorcyclists Differently?
Although the driver involved in the crash may have had insurance, you have no assurances that the company would actually uphold its legal obligation to fully pay you. Insurance companies are notorious for the specific measures that they take against motorcyclists. In part, this results from the fact that the insurance company knows that it could owe you a great deal of money, and it is going into overdrive to try to protect itself. What you may see is that the insurance company could try to find a way to blame you for the accident. This has the effect of either eliminating your right to financial compensation entirely or reducing the money that you are offered in a settlement agreement.
How Can You Fight Back Against the Insurance Company in a Motorcycle Accident Case?
In a motorcycle accident case, settlement negotiations are a two-way street. The insurance company does not have the right to make any type of final determination, nor can it dictate anything to you. As a motorcyclist who has been injured by the careless actions of someone else, you are the one who has the legal rights. If the insurance company insists on blaming you for the accident when you were not at fault, you can push back by filing a lawsuit or continuing to negotiate. In the end, a settlement agreement also requires your signature, and you should most certainly withhold it if the insurance company is not willing to pay you what you deserve.
Why Do I Need a Motorcycle Accident Lawyer?
You stand little chance of obtaining the best results in your case if you try to proceed on your own. Here, the result that you are looking for is to be fully paid for all of the damages that you have suffered. The insurance company is not going to willingly offer you this compensation, so you must do everything in your power to take it from them. You would do so with the help of an experienced motorcycle accident lawyer, who would put you on more of an even footing with the insurance company. Not only does a motorcycle accident lawyer investigate the crash to gather the evidence you need to win, but they also work for you in the settlement negotiation process to ensure that you are fully paid.
Contact the Erie County Motorcycle Accident Lawyers at Dan Chiacchia Injury Attorneys for Help With Your Motorcycle Accident Claim
When the insurance company says no, the Erie County motorcycle accident lawyers at Dan Chiacchia Injury Attorneys will fight to get them to say yes. For a free case review, submit our online form or call us today at 716-648-3030. Located in Hamburg, New York, we proudly serve clients in West Seneca, Orchard Park, Lackawanna, Cheektowaga, Erie County, and the rest of the county.
