If you’ve been in a motorcycle accident, you may be worried about being blamed for what happened, even if it wasn’t your fault. Many drivers fail to pay attention and cause accidents, then wrongly blame riders. Don’t let concerns about fault stop you from getting the support you need. The most important thing is to focus on your recovery. An experienced Dallas motorcycle accident lawyer can protect your rights and assist in your recovery.
Why Motorcyclists Are Often Wrongly Blamed
Motorcycle riders often face unfair stereotyping and blame from other people on the road. Many drivers don’t understand the challenges of riding a motorcycle and expect riders to swerve or stop on a dime to avoid a crash. In reality, bikes don’t have the same fast braking abilities as cars, and riders can’t make sudden moves without risking a wipeout.
Police, insurers, and juries may also be more likely to point the finger at a motorcyclist after a crash. They might assume a rider was speeding, weaving through traffic, or engaging in risky behavior. This is especially true if you’re a younger rider or have a high-performance bike. Even if you obey all traffic laws, people tend to fall back on stereotypes that paint riders as reckless thrill-seekers.
Moreover, drivers often don’t see motorcyclists until it’s too late. Bikes are smaller and harder to spot in traffic than cars and trucks. Distracted, drunk, and drowsy drivers are even less likely to notice a rider until they crash into them. But instead of admitting they weren’t paying attention, a driver may try to shift blame to you.
Don’t buy into this faulty logic. If another driver caused your crash, you have every right to hold them accountable for your injuries and losses. An experienced motorcycle accident lawyer can fight against unfair blame and bias on your behalf.
Should I Still Get Medical Treatment if I’m Worried About Fault?
Yes, always put your health and safety first after any motorcycle wreck. Even if you’re worried that others might blame you, you must get checked out by a doctor as soon as possible. Some serious injuries like concussions and internal bleeding may not have obvious symptoms right away. Only a full medical exam can detect these “invisible injuries” before they turn life-threatening.
Seeing a doctor right away also shows you are taking your injuries seriously. If you wait too long for treatment, the insurance company may argue that your injuries must not be bad. They may claim you made your condition worse by not getting help. The longer you delay, the easier for insurers to deny your claim.
Remember, a motorcycle accident lawyer will help sort out the fault later. Getting treatment is the top priority in the immediate aftermath of a crash. Even if you think your injuries are minor, get medical attention anyway. You can’t be too careful with your health and well-being on the line.
Do I Have to Talk to the Other Driver’s Insurance Company?
It’s best not to state any insurance company, even your own, until you have talked to a motorcycle accident lawyer. Insurers are always looking for information they can use against you. They may take your words out of context or twist what you say to pin the blame on you.
The other driver’s insurance adjuster may pressure you to give a recorded statement, claiming they can’t process your claim without one. They may say they’re trying to help and just need to ask you a few questions. Don’t fall for it. You are not obligated to give them a statement, recorded or otherwise.
The only reason an insurance company wants your side of the story is to find a way to avoid paying you fair compensation. They will look for any inconsistencies or admissions of fault to use as ammunition to reduce or deny your claim. Even an innocuous comment like “I’m sorry” can be spun as an admission of guilt.
Your best bet is politely declining to discuss the accident and referring the adjuster to your motorcycle accident lawyer instead. An attorney can communicate with the insurer on your behalf and make sure you don’t say anything that can jeopardize your claim. Let your lawyer do the talking while you concentrate on healing.
Will I Have to Go to Court for My Motorcycle Accident?
Most motorcycle accident cases settle out of court. Going to trial is risky, time-consuming, and expensive for everyone involved. In most situations, it is in both sides’ interests to negotiate a fair settlement rather than face off in front of a judge and jury.
However, sometimes, insurance companies refuse to make a reasonable settlement offer, even after extensive negotiations. They may insist you were at fault, even if the evidence says otherwise. If this happens in your case, your motorcycle accident lawyer may advise you to file a lawsuit.
A good attorney will always follow litigation procedures and prepare your case as if it is going to trial, even if a settlement is the likely outcome. Building a strong case from the start shows the insurer you mean business and are ready to go the distance if needed. Sometimes, this is what it takes to get them to take your claim seriously.
While no one wants to go to court, you shouldn’t be afraid to stand up for your rights. If you weren’t to blame for your motorcycle crash, you shouldn’t have to bear the costs. A skilled motorcycle accident lawyer will be there with you every step of the way, fighting to get you the best possible outcome.
How Can a Motorcycle Accident Lawyer Help Me?
There are countless ways a motorcycle accident lawyer can help if you’ve suffered an injury in a crash; this is especially true if others unfairly blame you.
An attorney can:
- Independently investigate your accident to uncover evidence in your favor, like video footage, police reports, and witness testimony.
- Hire expert witnesses like accident reconstructionists to show the other party was at fault.
- Obtain your medical records and work with your doctors to document the extent of your damages.
- Handle all communication with the insurance companies so you can focus on your health.
- Negotiate aggressively for a settlement that covers all your losses, including medical bills, lost income, pain and suffering, and damage to your bike.
- If the insurance company doesn’t make a fair offer, take your case to trial.
- Apply extensive knowledge of motorcycle laws and biker’s rights to your case.
- Level the playing field against the insurance company’s army of adjusters and attorneys.
- Give you peace of mind during a stressful and uncertain time.
When recovering from serious injuries, the last thing you want to deal with is a legal claim. Hiring a motorcycle accident lawyer lets you focus on improving while your attorney handles the rest. A lawyer can lift the burden of the accident off your shoulders.
Is a Motorcycle Accident Lawyer Expensive?
It costs nothing out of pocket to hire most motorcycle accident lawyers. These attorneys typically work on contingency, meaning their fee is contingent on winning your money first. You don’t owe them anything if they don’t secure a settlement or verdict in your favor.
Here’s how it usually works:
- The lawyer will meet you for a free initial consultation to learn about your accident and injuries.
- If the lawyer thinks you have a case, they will agree to represent you without upfront payment.
- You sign a contingency fee agreement detailing the percentage the lawyer will receive from any settlement or judgment in your case
- The lawyer covers all upfront costs to investigate and pursue your claim.
- Once a settlement or verdict is reached, the lawyer deducts their fee and any case costs from the award, and you receive the rest.
Contingency fees give everyday riders access to top-notch legal representation they might not otherwise afford. You get a seasoned professional fighting for your rights without worrying about hourly bills. You can trust your attorney is motivated to get you the most money possible since the more you recover, the more they earn.
What to Look for in a Motorcycle Accident Lawyer
Not every attorney has what it takes to win a motorcycle accident case. Look for a lawyer who meets the following criteria:
Experience Handling Motorcycle Accident Claims
Choose a lawyer who has extensive experience with motorcycle crash claims. These cases can be more complicated than car accident claims due to the severity of riders’ injuries and negative stereotypes surrounding bikers. Make sure your lawyer understands the unique challenges these cases present.
Motorcycle accident cases require knowledge and skills that not every personal injury lawyer has. Insurance companies often try to take advantage of bikers by pinning the blame on them or downplaying their injuries. An attorney focusing on motorcycle claims will know how to fight against these unfair tactics.
Look for a lawyer who has handled motorcycle accident cases for years, not someone who only takes them on occasionally. The more experience an attorney has with these specific types of claims, the better equipped they will be to stand up for your rights. Ask how many motorcycle crash cases the lawyer handles each year and what percentage of their practice is devoted to these claims.
Proven Results in Motorcycle Accident Cases
Ask about the lawyer’s success rate with motorcycle accident claims. Have they secured sizable settlements and verdicts for riders and their families? Are they willing to take cases to trial when needed?
When your health and financial future are on the line, you want a motorcycle accident lawyer with a history of winning big for their clients. During your initial consultation, ask the lawyer about their track record of success in cases like yours. Have they recovered million- and multimillion-dollar settlements and verdicts for injured riders? Do they have experience standing up to major insurance companies?
Remember that each case is unique, and no reputable lawyer can guarantee a particular outcome. However, a strong track record of past successes can give you confidence that you are putting your claim in capable hands. A Dallas motorcycle accident lawyer who consistently achieves positive results for motorcycle accident victims will have the skills and tenacity to fight for the best possible outcome in your case, too.
Client Reviews and Testimonials
Positive reviews: Read reviews from the lawyer’s former clients to see what they say about their skills and client service. Will they recommend this attorney to a fellow rider? Did the lawyer treat them with respect and compassion?
One of the best ways to gauge a motorcycle accident lawyer’s suitability for your case is to see what their past clients have to say. Many law firm websites feature testimonials from people the attorney has represented, which can give you a sense of what it will be like to work with them. However, it’s best to look for reviews on independent third-party sites like Google or Avvo to get a more unbiased perspective.
As you read reviews, look for common themes in how clients describe the lawyer and their approach to motorcycle accident cases. Do reviewers praise the attorney’s legal knowledge, negotiation skills, and courtroom abilities? Do they discuss how the lawyer supported them and fought hard for their rights? These are all signs you may have found a good fit for your case.
Pay attention to reviews from fellow motorcyclists in particular. If the lawyer is popular with riders, that’s a strong indicator that they understand the unique aspects of these cases. Reviewers may mention how the attorney can overcome negative stereotypes about bikers and get them fair compensation. If you see many riders saying they will recommend this lawyer to a friend, that’s a big point in their favor.
Finally, client reviews can give you a sense of the lawyer’s personal demeanor and commitment to customer service. After all, you will be working closely with this person during a stressful time in your life. You want an attorney who is skilled but also compassionate, responsive, and easy to talk to. If reviewers consistently describe the lawyer as caring, attentive, and hard-working, that’s a promising sign.
Call a Motorcycle Accident Lawyer to Discuss Your Options
Don’t let the insurance company pressure you into accepting blame or a lowball settlement offer. Take action today to pursue the justice you deserve. Call a Dallas motorcycle accident lawyer to discuss your options in a free consultation. You have nothing to lose and potentially much to gain.