If you’ve ever been in a car or motorcycle accident, you know that the damages can add up quickly. From medical bills to property damage, being involved in an unexpected crash can come with an array of unexpected costs— and these costs often depend on who was at fault for the accident. But have you ever wondered if there could also be differences in how much money from a settlement actually goes to you? We’re here to discuss some surprising truths about motorcycle vs. car accident settlements and why people often get this topic wrong.
The Dangers of Motorcycle and Car Accidents in General
Motorcycle and car accidents are both serious dangers that all drivers should be aware of. Motorcycles tend to be more dangerous than cars due to the lack of protective features such as airbags, seatbelts, and a metal frame surrounding the driver. Unfortunately, motorcycle accidents lead to more fatalities than car accidents each year. Motorcyclists are 28 times more likely to die in an accident than drivers of other vehicles. That being said, compensation regarding an accident is not determined by the mode of transportation. Instead, compensation for accident cases is determined generally by damages to you as a victim of a car or motorcycle crash.
The Mode of Transportation Doesn’t Determine the Compensation – the Damages Do
In cases involving car or motorcycle accidents, compensation is typically determined by a variety of factors, such as the severity of the injury and any medical bills incurred as a result of the accident. In addition, victims may be eligible for lost wages due to their inability to work while they recover from their injuries. Other expenses that may be taken into consideration include pain and suffering, emotional distress, loss of companionship, and even property damage. All of these potential factors are weighed and considered when determining compensation for a car or motorcycle accident case. It is important to note that all states have different laws regarding compensation in these types of cases and an experienced personal injury attorney can help ensure that you receive the full amount you are entitled to. Additionally, many insurance companies try to minimize payouts by offering lower settlements than what victims truly deserve; an experienced attorney can help sort through the legalities involved in negotiating a fair settlement with insurance companies. You can read more about that here.
The Statistics Behind Automobiles, Motorcycles, and Accidents
Motorcycle fatalities related to traffic accidents are an alarming statistic that has been on the rise in recent years. In fact, according to the National Highway Traffic Safety Administration (NHTSA), motorcyclist fatalities accounted for 14 percent of all traffic fatalities in 2016 and have continued to climb ever since. This is a stark contrast compared to the rate of car accident fatalities which accounted for only 11 percent in 2016.
The increased number of motorcycle fatalities can be attributed to several factors, such as the relative lack of protection afforded by motorcycles compared to cars and trucks, greater speed capabilities, and higher risk-taking behavior among riders. Additionally, the age group most likely to ride motorcycles – young adults – is also more likely to participate in risky behaviors such as speeding or driving under the influence of alcohol or drugs.
In terms of injury rates between motorcycles and cars, the numbers show that motorcyclists are far more likely to experience serious injuries in an accident than those riding in a car or truck. According to data from NHTSA, motorcyclists were over 30 times more likely than passenger vehicle occupants per mile traveled in 2016 to die in a motor vehicle crash — with 468 motorcyclist deaths for every one million registered vehicles versus 14 deaths for every one million registered vehicles for passenger cars and light trucks.
This data paints a grim picture when it comes to motorcycle safety but there are steps riders can take towards making sure they stay safe on the road. Riders should always wear properly fitted protective gear such as helmets and other protective clothing when hitting the roads. Additionally, taking an approved motorcycle-safety course can help riders gain knowledge on how best to avoid dangerous situations while out on their bike.
If You Die in a Motorcycle Who Gets Compensation?
If someone dies in a motorcycle accident in California, their family may be eligible for compensation from either the at-fault driver’s insurance company or from their insurance provider. This compensation is typically obtained through a wrongful death claim and could include coverage of medical expenses, funeral costs and lost wages. In some cases, surviving family members may also receive punitive damages caused by the other driver’s recklessness or negligence.
To receive compensation after a motorcyclist’s death in California, it must be proven that another party was at fault for the accident. The personal representative of the deceased’s estate will need to file a wrongful death claim against the responsible party to seek these benefits. In most cases, this means filing an insurance claim with either the other driver’s insurer or with your policy if you have uninsured/underinsured motorist coverage. It is important to remember that these types of claims are complex and require expertise to ensure a successful outcome. As such, it is highly recommended that families retain an experienced attorney who specializes in wrongful death matters.
In addition to financial compensation stemming from an accident, some non-economic damages can be sought as well such as emotional pain and suffering and loss of companionship or consortium. These types of awards can be difficult to win without proper representation and expert testimony on behalf of the deceased’s family members, so it is important to speak with an experienced attorney before proceeding with any legal action.
Seek Legal Help Regardless If It Was A Car Or Motorcycle Accident
When considering filing a claim for a motorcycle accident, it’s important to seek out legal help from an experienced attorney. They can help you determine if your case has merit and whether or not you have a good chance of being successful in court. An attorney will assess all the details of your case and advise you on the potential risks and rewards of taking legal action. In addition, they can provide invaluable guidance when it comes to navigating the often complex world of personal injury law.
One of the most important aspects of consulting with an attorney is that they can evaluate any evidence involved in the accident, such as witness statements and police reports, to determine if there is sufficient reasoning to pursue a claim. Additionally, an experienced lawyer can negotiate with insurance companies on your behalf to make sure that you are fairly compensated for any damages or losses suffered due to the accident. This could include reimbursement for medical bills or lost wages resulting from missing work while undergoing treatment after the accident.
An attorney may suggest other strategies as well, such as utilizing expert witnesses to testify in court about your injuries or establishing fault for traffic violations that may have contributed to the crash. Lastly, having an experienced lawyer by your side will give you peace of mind knowing that you have someone who understands all aspects of the legal system working for you and fighting for justice on your behalf.
In The End Damages Are What Matters
In conclusion, whether the accident is on a motorcycle or in a car, injury-related compensation for an accident victim is determined by the damages incurred. For this reason, it is important to seek legal help so that you can receive the compensation that you deserve.
Motorcycles are dangerous. That’s no secret. What may be a surprise, however, is how susceptible riders are to catastrophic injuries and fatalities in the event of an accident. Wearing a helmet is the best way to protect yourself while riding, but even with proper safety gear, accidents can happen. If you or someone you know has been involved in a motorcycle accident, it’s important to understand that compensation for your injuries will be based on the severity of those injuries – not on whether or not you were in a car or motorcycle. An experienced personal injury attorney can help you sort through the details of your case and determine if you have grounds for filing a claim. In the meantime, stay safe out there and ride defensively.