Motorcycle accidents are often among the most devastating. Not only do motorcycles travel at high speeds, but riders also have less protection. While a helmet or other protective gear can help, unlike in car accidents, there’s no frame, seat belt, or airbags to provide cushioning from a collision. A motorcycle accident can lead to a wide range of damages, including medical bills, lost income, and property damage.
If the accident was someone else’s fault, you have the legal right to hold them accountable and seek compensation. However, you have to go through the legal process. At Jacobs and Jacobs Personal Injury Law, we specialize in personal injury cases and can help you recover the maximum possible compensation for your damages from a motorcycle accident in Washington State.
Key Takeaways
- Motorcycle accidents frequently result in serious injuries due to the riders’ lack of protection.
- Multiple parties may be responsible, including negligent drivers, government agencies, and manufacturers.
- Insurance companies often try to reduce payouts, making it essential to have a Washington State motorcycle lawyer who will fight for fair compensation.
- Victims may be entitled to compensation for medical bills, lost wages, pain and suffering, and property damage.
- Jacobs and Jacobs Personal Injury Law operates on a contingency fee basis, meaning clients pay nothing unless they win their case.
How to Know If You Have a Motorcycle Accident Case
- Were you injured? – If the accident resulted in injuries, medical treatment, or financial losses, you may have a claim.
- Was someone else at fault? – Establishing negligence by another driver, a manufacturer, or even the city is essential.
- Does the at-fault party have insurance? – A lawyer can help navigate the complexities of insurance claims and disputes.
Why Choose Jacobs and Jacobs Personal Injury Law for Your Motorcycle Accident Case?
The Challenges Motorcyclists Face in Injury Claims
Motorcyclists often face bias in injury claims, with insurers unfairly blaming them for accidents. Proving liability can be challenging, especially in cases with disputed liability or a lack of witnesses. Severe injuries lead to high medical costs, yet insurance companies may undervalue claims. An experienced motorcycle injury attorney Washington can help secure fair compensation.
What Sets Us Apart?
Choose us for your motorcycle accident case if you want a law firm with a proven track record of success in motorcycle accident cases. With our extensive experience and deep understanding of the law, we know how to overcome challenges in motorcycle accident cases. We tailor our legal strategy based on the requirements of each case.
Our commitment to individualized support ensures that you receive the best possible legal representation and guidance throughout the entire process.
What to Do After a Motorcycle Accident in Washington State
A motorcycle accident can be a traumatic and life-altering experience. Various scenarios can unfold after the accident. Each situation may require specific actions. However, knowing some of the key steps to take immediately after the incident can make a difference in your recovery, both physically and legally. Here’s a brief guide on what to do after a motorcycle accident:
Seek Immediate Medical Care
One of the first steps you need to take is to ensure your health and safety. Even if you feel fine or think your injuries are minor, it’s crucial to seek medical attention right away. Some injuries, such as internal bleeding or concussions, may not be immediately apparent but can have serious consequences if left untreated.
Call 911 and let them know about the accident, including the location of the crash. This will ensure you and others injured in the accident get timely medical attention.
Another reason why you must seek medical care after a motorcycle crash is to create a medical record of the accident. This can prove to be vital for a personal injury claim or lawsuit. The first visit to the hospital or clinic can help you establish the severity of the injuries.
Gather Evidence at the Scene
If you need to get emergency medical attention, you may have to leave the crash site immediately after the accident. However, if you’re in stable condition at the site, start gathering readily available evidence, such as photos of the crash site and eyewitness information.
You should also cooperate with law enforcement officers who respond to the scene. Provide them with accurate information and ensure that a police report is filed. Request a copy of the report for your records.
There are various other types of evidence that you can gather from the crash site, some of which may require more effort. If any surveillance camera picked up the accident, you can get a copy of the footage to prove how the accident happened. An experienced attorney can help you gather evidence to build a strong motorcycle accident claim.
Don’t Speak to Insurance Companies Without a Lawyer
If the motorcycle accident is covered by your insurance company, you would need to notify them about the accident. While timely reporting is important, you must remember not to share any unnecessary information with them. Their primary goal is to minimize the payout for the claim, and they may use the information you shared against you.
If you admit to being at fault, even partially, your insurance payout may be reduced or your claim may be rejected. Therefore, refrain from giving any statements or signing any documents without consulting a lawyer first. A skilled motorcycle accident attorney can communicate with the insurance companies on your behalf and ensure that your rights are protected.
Contact a Motorcycle Accident Attorney
One of the most important steps to take after a motorcycle accident in Washington State is to contact an experienced motorcycle accident attorney. A lawyer who specializes in motorcycle accidents can guide you through the legal process. Not only can they handle the communications with the insurance company, but they can also take care of all the legal paperwork, gather evidence, and represent you in court.
Common Causes of Motorcycle Accidents in Washington State
Motorcycle accidents can happen for various reasons, including mechanical failure, human error, poor roads, and harsh weather. Here are some of the most common causes of motorcycle accidents in Washington State.
Driver Negligence
Unfortunately, a higher percentage of motorcycle accidents in the state are a result of human error. This can take many forms, including driver distraction. Anything that takes away the attention of a motorist from the road is a distraction, and it can often be deadly. Research has shown that even a couple of seconds of distraction can be enough for a driver or motorcyclist to lose control and crash.
Common forms of driver distraction include using a cell phone, which is becoming an increasingly common problem in Washington State. Eating or drinking behind the wheel, fiddling with the car controls or stereo system, or even daydreaming can be a driver distraction.
Driver negligence in motorcycle accidents isn’t limited to distractions. Speeding is another factor. Driving above the speed limit or too fast for road conditions reduces the reaction time needed to avoid collisions and can increase the severity of injuries in the event of a crash. In Washington State, speeding remains one of the top causes of motorcycle accidents.
Failure to yield the right of way often leads to collisions, especially at intersections. Tailgating, unsafe lane changes without signaling or checking blind spots, and running red lights or stop signs are other common negligent behaviors.
Driving under the influence of alcohol or drugs also poses a serious risk to motorcyclists. Impaired judgment, coordination, and reaction times caused by the alcohol in the blood can lead to a higher likelihood of accidents. Washington State takes DUI offenses seriously, as they’re a leading cause of accidents, including motorcycle crashes.
Hazardous Road Conditions
Washington experiences its share of harsh weather. Rain, snow, and ice are common, adding to the challenges for road users. Many drivers and motorcycle riders don’t realize how difficult it is to control their vehicles in such conditions. For example, if the road is slippery, it requires a longer braking distance. Similarly, turning and maneuvering the vehicle is also more challenging.
It doesn’t help that the road infrastructure of Washington State requires major upgrades. Missing railings, potholes, and other road defects can increase the risk of motorcycle crashes. While some regions have decent roads, others need significant improvements. Poorly maintained roads can cause motorcyclists to lose control, leading to accidents.
For instance, hitting a pothole or an uneven surface can cause a rider to be thrown off balance. Motorcyclists need to be particularly vigilant, as even a slight loss of control could lead to a serious accident.
Defective Motorcycle Parts
Some motorcycle accidents are caused by defective parts. This can include anything from a tire blow to brake failure. In some cases, the defect is caused by negligence in the maintenance of the motorcycle, however, manufacturing defects can also cause such accidents.
The brake system is a critical component for all vehicles, including the motorcycle. Issues such as brake fluid leaks, worn-out brake pads, or malfunctioning brake lines can all contribute to brake failure. Even if the brake system doesn’t completely fail, poor performance can also result in crashes. Another critical area of concern is the tires. Defective tires can cause blowouts or loss of traction, especially at high speeds.
Regular maintenance checks and staying informed about recalls or safety notices from manufacturers can help motorcyclists avoid accidents caused by defective parts.
Who Can Be Held Liable in a Motorcycle Accident?
In a motorcycle accident, multiple parties could be held liable, depending on the circumstances. The most common at-fault parties are negligent or reckless drivers or motorcyclists. The party who’s found liable for not following the traffic laws would be responsible for the damages.
If the accident was caused by a dangerous roadway, the local or state government agency responsible for road maintenance might be held liable. However, claims against government entities often have strict deadlines and legal requirements.
Another possible party that could be held liable is the manufacturer of the motorcycle or its parts. If the accident was caused by a defect in the motorcycle, such as faulty brakes or tires, the manufacturer could be held responsible for the damages.
Understanding who can be held liable in a motorcycle accident is crucial for pursuing a successful claim. Working with an experienced motorcycle accident attorney can help identify the responsible parties and ensure you receive fair compensation for your injuries and damages.
How a Washington State Motorcycle Accident Lawyer Can Help
A Washington State motorcycle accident lawyer can provide invaluable assistance if you’ve been involved in a motorcycle accident. Right from the initial consultation to the time you secure the maximum possible compensation for your losses, an attorney can help you through each step of the process.
They will investigate the accident, gather evidence, handle communication with insurance companies, and negotiate for a fair settlement. If necessary, they will represent you in court. A skilled attorney ensures compliance with state laws and maximizes your compensation, allowing you to focus on recovery.
However, not all attorneys are the same. You need to pick the right attorney—one who not only specializes in motorcycle accident cases but can also provide you with compassionate and tailored support throughout your case.
Compensation Available for Motorcycle Accident Victims
Victims of motorcycle accidents in Washington State may be entitled to various types of compensation, depending on the circumstances of their case. The compensation can be divided into the following three categories.
Economic Damages
Economic damages refer to all the quantifiable financial losses caused by motorcycle accidents. This includes all the medical treatment related to the injuries, such as hospital stays, medication, surgeries, and physical therapy.
The economic damages also include lost wages due to the inability of the injured to work. In cases where the victim suffered long-term disability, they can also claim loss of earning capacity that would impact their future earning potential. All the property damage is also included in this category, such as damage to the motorcycle or personal belongings.
Non-Economic Damages
Non-economic damages refer to the intangible losses in the accident. These can include pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship. These damages compensate for the personal and emotional impact of the accident.
Pain and suffering include physical and emotional anguish, such as chronic pain and the emotional toll of injuries. Emotional distress involves anxiety, depression, and trauma. Loss of enjoyment of life refers to the diminished ability to engage in activities and hobbies. Loss of companionship covers the impact on relationships, including loss of emotional support and intimacy.
As these are more subjective compared to economic losses, they’re often more challenging to prove. Documenting non-economic damages typically requires detailed accounts of the victim’s experiences, medical records, expert testimony, and statements from friends and family. An experienced attorney can help you prove all your damages in the motorcycle accident.
Punitive Damages
In motorcycle accidents where one party behaved particularly egregiously or caused intentional harm, the victim can seek punitive damages. In motorcycle crashes, the potential for punitive damages can be particularly relevant due to the nature of the vehicles involved. Motorcycles provide minimal protection to riders compared to cars, making reckless or intentional harm even more severe.
For example, if a driver intentionally cuts off a motorcyclist or engages in aggressive driving, the consequences can be catastrophic. In such cases, the court may award punitive damages to punish the at-fault party and deter others from similar behavior.
Frequently Asked Questions About Motorcycle Accidents in Washington State
If you’ve been involved in a motorcycle accident in Washington State, you may have questions about your rights and the legal process. Here are some of the frequently asked questions about motorcycle accidents. Of course, once you consult with our attorneys, we can answer all your questions related to your case.
How Long Do I Have to File a Motorcycle Accident Claim?
Yes, you have a limited time to file a motorcycle accident claim. In Washington State, the statute of limitations for filing a personal injury claim, including motorcycle accident claims, is generally three years from the date of the accident. This means you have three years to initiate legal action against the at-fault party.
If you don’t initiate legal action within this time frame, you may lose your rights to recover compensation. Of course, if you have a valid reason that’s recognized by the law, you could get an extension on how long you have to file a claim. However, keep in mind that exceptions and exemptions are rare.
Therefore, it’s best you file a claim within the time frame. You may also not want to get too close to the deadline, as any unexpected delays can cause you to miss it. You also have a better chance of gathering evidence while it’s fresh, so timely legal action is vital for personal injury claims and lawsuits.
Should I Accept the First Settlement Offer?
Generally, it’s not recommended to accept the first settlement offer from the opposing party or an insurance company. The first offer is generally not the highest. In some cases, insurance companies use the first offer to entice claimants into accepting a quick and lower settlement. They may hope that you will accept the initial offer to avoid the hassle of negotiations or legal proceedings.
Before accepting any settlement offer, it’s essential to evaluate the full extent of your injuries, medical expenses, lost wages, and other damages. This ensures that you receive full and fair compensation that covers all your current and future expenses. Consulting with an experienced bike crash attorney Washington can provide valuable insights into whether you should accept a claim or not.
Is There Any Evidence That Isn’t Admissible in a Claim or Court for Motorcycle Accidents?
Yes, certain evidence isn’t admissible in motorcycle accident claims or court, including hearsay, privileged communications (like attorney-client discussions), irrelevant information, and improperly obtained evidence. These types of evidence cannot be used to support a claim or lawsuit.
Can I File a Claim If I Wasn’t Wearing a Helmet?
Yes, you can still file a personal injury claim if you weren’t wearing a helmet at the time of the accident. Washington State law requires all motorcyclists to wear helmets, and not wearing one may result in a traffic citation. However, the lack of a helmet doesn’t automatically disqualify you from seeking compensation for your injuries.
Additionally, the state follows a pure comparative negligence system that allows you to recover compensation even if you’re partially at fault. Your compensation will be adjusted according to your share of fault in the motorcycle accident.
For example, if it’s determined that not wearing a helmet contributed to 30% of your head injury, your overall compensation could be reduced by that percentage. Under pure comparative fault, an injured party can recover damages even if they’re more than 50% at fault for the accident.
Call a Washington State Motorcycle Accident Lawyer Today
Navigating the legal complexities of motorcycle accidents can be challenging. Victims often feel stressed and frustrated throughout the process. Allow Jacobs and Jacobs Personal Injury Law to help with all the legal aspects of the case. We can help you build a strong case while you focus on getting your life back on track. Focusing on your recovery is essential to minimize the impact of the motorcycle accident on your life.
We have decades of experience helping motorcycle accident victims, and we can use our aggressive legal representation to secure maximum compensation for you. To get accident legal support Washington State, contact us to schedule a free consultation with one of our attorneys. We can be reached at 253-342-4965 for a free case evaluation. We charge no fees unless we win.