Riding motorcycles is a thrilling experience that can make any commute to work or the store fly by in an instant. Motorcyclists love the excitement of driving down the road with the wind in their hair and music playing through their earbuds. However, the thrill of speed comes with its risks, and motorcyclists need to remain aware of their surroundings to keep themselves safe. Motorcycle accidents are more common than you think, and they can be devastating for the rider. Even with the best headgear and padding on the market, you can still be left with severe injuries that leave lifelong complications, making pursuing a motorcycle accident settlement essential for recovering medical expenses and other damages.
Accident victims deserve rightful compensation for their injuries. Knowing the ins and outs of the settlement process and what to expect can help you build a strong motorcycle accident case and ensure you get the settlement you deserve.
Our team at Compass Law Group, LLP, has years of experience helping motorcyclists fight for the justice they deserve after an accident, and we’re here to go over the basics. We’ll summarize the average motorcycle accident compensation amount, factors that impact your settlement amount, and what you can do to maximize your earnings.
Average Motorcycle Accident Compensation Amounts
The motorcycle accident settlement amount you can earn varies depending on a series of factors. The biggest factor impacting your earnings is the severity of your injuries. More serious injuries require more medical care and higher medical expenses to properly treat, so your compensation amount will fluctuate to cover the bills.
In general, your settlement amount can be broken down into three groups of figures:
- Minor Injuries: $10,000-$50,000
- Moderate Injuries: $50,000-$200,000
- Severe Injuries: $200,000-$1,000,000
Your settlement amount can also vary depending on whether the case goes to trial or is settled outside of the court. Most cases are settled outside of the court, as most insurance companies want to avoid the expenses and hassle that come with going to trial.
In general, your settlement amount will be higher if you take the case to trial. While this may sound enticing at first, keep in mind that you will accrue more legal fees and other expenses if you decide to take the case to trial. Your settlement amount may be slightly higher, but those extra dollars could potentially go toward additional legal fees and expenses. Not only that, but a trial will take longer to close than an out-of-court settlement.
Factors That Affect Motorcycle Accident Settlements
Unfortunately, we can’t give you an exact number of how much compensation you can expect to earn from your motorcycle accident. Every motorcycle accident case is different, like a fingerprint, and this means that every settlement amount will vary slightly.
There are a handful of variables that can change your earnings, such as:
- The Severity of Your Injuries: As mentioned earlier, more serious injuries can result in a higher settlement. Severe injuries also require long-term medical care and rehabilitation costs, which can add to your compensation. Common injuries from a motorcycle accident include traumatic brain injuries, bone fractures, and spinal injuries.
- Liability and Fault: Your level of fault for the accident can cap how much settlement you can earn. States like California use a comparative negligence system, meaning you can still earn partial compensation if you’re found partially at fault. For example, if you’re found to be 20% at fault, you can still earn up to 80% of your maximum compensation.
- Insurance Coverage: Insurance policies have limits depending on the coverage they offer. An at-fault driver’s insurance will have a different cap than an underinsured motorist coverage policy.
- Lost Wages and Potential Earnings: The injuries sustained in an accident can have both short-term and long-term repercussions on your ability to make a living. Minor injuries may prevent you from being able to work for a few months, but severe injuries could leave you permanently unable to work. This impacts how much compensation you can earn for lost wages.
- Compensation for Pain and Suffering: Pain and suffering, as well as other non-economic damages, don’t have an exact monetary value like a medical bill does. The court will need to calculate these damages, and the resulting amount can vary depending on the calculation it uses.
Breakdown of Damages in Motorcycle Accident Settlement
Your settlement value is meant to cover all damages accrued from the accident. However, this isn’t limited to just medical bills and long-term medical care. The list of damages from an accident that are legally classified in the state of California is broken down into 2 main categories: economic damages and non-economic damages.
- Economic Damages: These damages have a specific monetary value that can easily be calculated. There’s an exact dollar amount you can attribute to these damages.
- Medical expenses such as emergency care, surgeries, and physical therapy.
- Lost wages, both present and future.
- Property damage such as motorcycle repairs and replacement parts.
- Non-Economic Damages: These damages don’t have an exact monetary value, so courts will often need to calculate their values and then add that amount to your economic damages.
- Pain and suffering
- Emotional distress, such as PTSD and depression
- Loss of companionship
- Loss of quality of life
- Loss of enjoyment of life
- Punitive Damages: A court will add these damages to your case in the event of gross negligence from the at-fault party. If the liable party caused the accident due to harmful or neglectful behaviors, punitive damages are meant to punish the behaviors.
Common Mistakes That Reduce Compensation
Filing a motorcycle accident claim is a delicate process that requires strategy and tactical decisions. Insurance companies will fight tooth and nail to not pay you, so you need to tread carefully to make sure you have all your ducks in a row for maximum compensation.
Some common mistakes when filing a motorcycle accident claim include:
- Delaying Medical Treatment: Even minor injuries require urgent medical care. Not only does this ensure you’re in good health and there aren’t any hidden complications, but it’ll work in your favor to get medical documentation of the injuries sooner rather than later. Insurance companies will look at the gap between the date of the accident and the date you sought out medical care to try and claim that the documented injuries didn’t come from the accident. They can then try and deny your claim as invalid.
- Not Hiring an Attorney: Many motorcycle accident victims assume they can file their claims on their own and receive compensation. While this is possible, an attorney will know how to work the system and increase your settlement amount. Their job is to help you earn more money from these insurance companies, so let them help.
- Accepting the First Offer from Insurance Companies: Insurance companies are businesses, and they don’t want to lose money. They will try to lowball you on settlement offers to get you to agree quickly without having to pay you what you deserve. Never take the first offer you’re given, and be prepared to negotiate for your rightful settlement amount.
- Posting on Social Media: Don’t post anything about your accident on social media. Insurance companies will use those posts against you to try and deny your claim.
How To Maximize Your Motorcycle Accident Compensation
Just as there are traps to avoid when navigating the legal system, there are things you can do to ensure a better settlement. As you file your claim, keep these things in mind to ensure you get the maximum compensation amount:
- Hire an Experienced Motorcycle Accident Lawyer: The right legal representation can fight for your rights and ensure you get the payout you deserve.
- Gather Strong Evidence: Take photos of the accident scene, collect police reports, get a copy of medical records, and record any witness statements.
- Know Your Rights Under California Law: The statute of limitations in California for a motorcycle accident is 2 years from the date of the accident, so make sure you know your state’s laws so you can better prepare.
- Negotiate With Insurance Adjusters: Insurance companies will try to cut corners so they don’t have to pay you as much, so don’t be afraid to reject a lowball offer and negotiate for a higher settlement amount.
- Consider Your Future Expenses: Keep in mind your long-term medical needs as well as any future lost earnings and calculate that into your settlement amount.
What To Do Next if You’ve Been in a Motorcycle Accident
Getting into a motorcycle accident can be terrifying and stressful, especially once the dust settles and you need to work through the legal system to file a claim. Knowing the basics of what to do and how much settlement is potentially on the table can help you better prepare and build a strong case.
When you need legal representation after a motorcycle accident, Compass Law Group, LLP is ready to help. Our team of personal injury attorneys knows the legal system inside and out, and we’ll treat your case with the respect you deserve. Get in touch with us today to book a consultation and review your case.
