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From Hells Canyon Scenic Byway to the Boise National Forest Loop to the Lolo Pass, Idaho is a paradise for the motorcycle riders who live here and visit. However, if you are injured or a loved one is killed on Idaho’s roads, this biker’s paradise can quickly become a nightmare of medical bills, lost work, and uncertainty about the future.
Sargent Law Firm Injury Lawyer’s Idaho motorcycle accident lawyers serve riders and their loved ones across all of Idaho. Over the years, we have helped more than 1,000 clients and won them more than $40 million total in settlements and other legal victories.
We understand that the aftermath of a motorcycle accident is a difficult time. You may be wondering how you will cope with all that is being thrown at you as you try to navigate the claims process or struggle to recover from your injuries. Our Idaho personal injury lawyers are ready to get to work on your case. Call us to get started today.
Filing a Claim After a Motorcycle Accident in Idaho
When motorcycle accidents happen, riders are often blamed, even if they were not at fault. In many wrecks involving motorcycles, the at-fault party is a negligent driver who didn’t see the biker or otherwise did not respect your right to share Idaho’s roads. All drivers must drive safely and follow traffic laws. If they don’t and it causes a crash, they may be liable for your costs.
After a motorcycle crash, the rider can claim the other driver was negligent. This means their careless driving caused the crash. The negligent driver would then have to pay money to cover the rider’s injuries, damaged property, medical treatment, and other losses.
An Idaho personal injury accident lawyer can fight to get riders fair financial compensation. We can help you recover damages for medical bills, lost income, damaged property, and other accident-related costs.
Proving Negligence for Your Motorcycle Accident Claim
What we have discussed above is often presented as the four elements of negligence. They include:
- Duty of care: The responsibility of all riders and drivers to follow traffic laws and operate their vehicles safely.
- Breach of duty: The decision by the liability to deviate from that responsibility.
- Causation: The accident and injuries that result from that decision.
- Damages: Your financial hardships, physical injuries, and emotional distress from the accident.
To prove negligence in your case requires evidence, which we will discover and collect during our investigation of your accident. When we file your insurance claim, we present this evidence to the insurance adjusters and negotiate for fair compensation for your damages.
Damages You Can Claim in an Idaho Motorcycle Accident Case
If you or a loved one suffered injuries or other losses in an Idaho motorcycle crash, there are several specific damages you can claim compensation for through a personal injury lawsuit or settlement demand.
Your damages will be specific to your motorcycle accident case. However, there are certain damages that are common to all personal injury claims. Those common damages include the following:
- Medical expenses: Injured motorcyclists can claim all past, current, and estimated future medical bills related to their accident injuries. These damages include such medical care as hospitalization, surgeries, ambulance transport, rehabilitation, physical therapy, at-home nursing care, and prescriptions. It could even include home modifications.
- Lost income: The accident victim can claim lost income if their injuries prevent them from working for a period during recovery. They may also claim future loss of earning capacity if they now live with a disabling condition that inhibits future job prospects and advancement opportunities.
- Pain and suffering: The injured party can seek damages for any physical pain and mental/emotional anguish they experienced stemming from the crash, their injuries, treatment procedures, and resulting disabilities.
- Loss of enjoyment of life: Victims can demand fair compensation to address their inability to participate in recreational activities and hobbies or a loss in their quality of life.
- Property damages: Accident victims may also recoup repair or replacement costs for any damage to their motorcycle, clothing, protective gear, or other personal property due to the accident.
Under certain circumstances, you may also be awarded punitive damages by the courts. The courts only award these damages when the defendant’s actions have been extremely egregious. They act as a punishment to the defendant and a warning to others.
Your Family May Be Entitled to Wrongful Death Damages
If you lost a loved one in a motorcycle accident, we are truly sorry for your family’s loss. In a fatal motorcycle crash, certain family members can file a wrongful death suit and seek such damages as:
- Funeral costs and burial expenses
- Your loved one’s medical bills
- Loss of financial support
- Loss of consortium and companionship
Our Idaho motorcycle accident lawyer can help put a dollar figure on all these damages and aggressively pursue compensation through a negotiated settlement or jury award in court.
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Schedule NowHow Much Are Most Motorcycle Accident Settlements Worth in Idaho?
A common concern for accident victims is money. They see medical bills coming in while they sit at home and worry about taking care of their family. So, while many believe that there is an average settlement value they should ask for, in fact, fair settlements can vary widely depending on the specific details and injuries involved in each crash.
Some key factors that influence motorcycle accident settlement amounts include:
- The severity of injuries: More severe injuries, like traumatic brain injuries, broken bones, extensive burns, or spinal cord injuries, warrant higher settlements than minor soft tissue injuries. Permanent disabilities or disfigurement could also increase settlements.
- Medical treatment costs: A fair settlement must cover both current and estimated future medical expenses related to the crash, like surgeries, physical therapy, prescriptions, etc.
- Lost income and reduced earning capacity: The injured party can demand compensation for the income lost if their injuries prevent them from working for a period of time. Additionally, if you won’t be able to return to your pre-accident job, you can also seek compensation for any reductions in earning power as well as any training for a new occupation.
An Idaho motorcycle accident attorney from our firm can help you seek appropriate compensation in a fair settlement. We will assess your case to determine how the damages you suffered affect your well-being, now and in the future. Once we understand all the losses you suffered, our legal team can pursue fair compensation.
Who You Can Sue in an Idaho Motorcycle Accident Claim
Depending on the circumstances in your case, you can potentially sue one or multiple liable parties in your Idaho personal injury case. These parties could include the following:
The At-Fault Driver
If another motorist’s negligent driving caused the crash, then they would be the main party you can sue and seek financial compensation from. Such negligent actions can include:
- Speeding
- Aggressive and reckless driving
- Illegal turning
- Not checking blind spots when changing lanes
- Not adjusting to poor weather conditions
- Distracted driving
- Driving under the influence (DUI)
The negligent driver’s auto liability insurer would handle the claim.
A Government Entity
If poor road design, lack of signs/signals, objects obstructing roadways, or other hazardous road conditions contributed to the crash, the state/county/city may share some blame and liability in the incident.
Be aware, though, that you have a very limited time to file a claim against a government agency. It is often much shorter than you would have for a personal injury lawsuit. For example, you only have 180 days to file a notice against the state, per Idaho Statutes § 6-905.
Liable Third Parties
Multi-vehicle accidents can have multiple parties at fault. You can pursue injury claims against any negligent parties involved in the crash under certain comparative negligence laws based on their share of fault. Third parties could include:
- Vehicle or part manufacturer
- Construction company
- Driver’s employer
A third party could also be another driver who may not have been in the accident, but their actions contributed to the crash.
Your Own Insurer
There’s also the option of filing what’s known as an underinsured or uninsured motorist claim against your own auto/motorcycle insurance policy if the liable parties either had low coverage limits or fled the scene.
An Idaho motorcycle accident attorney can help assess all liable and potentially negligent parties in your unique crash and pursue compensation through legal action.
How Idaho’s Fault Laws Can Affect Your Motorcycle Accident Settlement
Idaho follows a modified comparative negligence statute when determining fault and financial liability after a motorcycle crash. This statute can directly impact your potential accident settlement amount.
Under Idaho Statutes § 6-801, multiple parties can share fault and liability. Each party’s percentage of fault reduces their ability to recover injury compensation. However, if any party is more than 50% at fault, they will be barred from recovery.
Establishing the percentage of fault of other motorists is critical in a motorcycle accident claim. Our Idaho motorcycle accident attorney will prove the proper percentage of fault and overcome any attempt to place a greater degree of fault on you than is justified. We will fight for an appropriate settlement, no matter how complex the circumstances of your crash may be.
You Have a Limited Amount of Time to File a Personal Injury Lawsuit in Idaho
Per Idaho Statutes § 5-219, you generally have two years to file both a personal injury and wrongful death lawsuit. This statutory deadline means it’s important for you to get started on your case right away, as two years doesn’t allow much time for investigating the crash. If you wait too long, you risk losing evidence, and the courts may dismiss your case.
When you hire Sargent Law Firm Injury Lawyers, we will work to keep your case on track. Our personal injury attorneys can ensure you’re aware of the statute of limitations that applies to your case.
Who Can File a Claim After a Fatal Motorcycle Accident in Idaho?
In Idaho, if you lose a loved one in a fatal motorcycle accident, certain family members can collect damages. According to Idaho Statutes § 5-311, possible parties who can get compensation may include:
- The decedent’s spouse
- The decedent’s children
- The decedent’s stepchildren
- The decedent’s parents
- Blood relatives partly or fully dependent on the decedent for support
- Adoptive brothers and sisters partly or fully dependent on the decedent for support
- An illegitimate child of the mother
- An illegitimate child of the father if the father recognized responsibility for supporting the child
As defined by Idaho Code § 15-1-201, a claim can be filed by a personal representative of the estate or the heirs of the estate. We can help you understand how these laws apply to your wrongful death claim if you have lost a loved one in a motorcycle wreck.
Motorcycle Accident Injuries You Can Seek Compensation for in Idaho
Riders injured in Idaho motorcycle accidents have legal rights to seek compensation for both economic and non-economic damages resulting from a wide range of crash injuries. Some common motorcycle accident injuries include:
- Road rash, scrapes, friction burns: Abrading the skin through skidding contact with the roadway.
- Contusions, bruises, swelling: Bruising of muscle or tissue from blunt force motorcycle crash impact trauma.
- Broken bones and fractures: Common in extremities/arms/legs and spinal vertebrae fractures, possibly causing significant or permanent disabilities requiring internal fixation surgeries, plates, screws, or external casts/braces.
- Traumatic brain injuries (TBI): Concussions or internal head injuries stemming from violent impact that can impair cognitive functioning, cause memory problems, seizures, etc.
- Spinal cord damage: Compression or hyper-extension neck injuries resulting in various degrees of paralysis and loss of functioning.
- Internal organ damage: Such as punctured/collapsed lungs, ruptured liver/kidneys/spleen, etc.
Our Idaho motorcycle accident attorney can accurately assess possible compensation. We consider the unique harm resulting from all injuries based on their severity, the effects on your quality of life, and the impact on your current/future earnings.
It’s free to speak with us and learn the value of your case today.
Call Us NowWhat to Do If You Are in a Motorcycle Accident in Idaho
If you are involved in a motorcycle accident in Idaho, there are important steps you should take:
At the Scene of the Accident
First, ensure your own safety by getting to a safe location, turning off your motorcycle, and activating hazard lights if possible. Call 911 to alert police and medical assistance if anyone involved requires medical treatment.
While waiting for police to arrive and injuries permit, document the accident scene by taking photos showing property damage, skid marks, weather conditions, and overall positioning of the vehicles. If you or other parties are injured, seek medical evaluation even for minor concerns. Save records and paperwork from medical visits related to the crash.
When Providing Statements
When you provide a statement to authorities or insurance agents, stick to factual details you directly observed. Ask witnesses who saw the crash unfold to provide their names and contact information. Report as many specifics as possible to the officer for the best accident report.
You should also consider contacting our Idaho motorcycle accident attorney for guidance, even if you don’t initially plan on pursuing legal claims. We can help advise you on the next steps to take to preserve evidence so you can recover fair compensation in your situation.
When It’s Time to Consider Hiring an Idaho Motorcycle Accident Attorney
If you find yourself in any of the following situations, you could benefit from working with an attorney:
- If you or a loved one has suffered serious injuries. An attorney can help determine fault and obtain compensation for medical expenses, lost income, pain and suffering, and other damages.
- If the insurance company is denying your claim or offering an unfairly low settlement. A lawyer can negotiate with insurance companies to fight for your fair compensation.
- If you received a traffic citation following the accident, even if you believe you were not at fault. An attorney may be able to help keep the ticket off your driving record.
- To understand your legal rights and legal options if a loved one died in a motorcycle crash. An attorney can provide guidance on seeking damages or filing a wrongful death lawsuit.
- If there are disputes over who was liable for causing the accident. A lawyer can gather evidence, examine police reports, and build a strong legal argument to prove fault and liability.
The sooner you contact a qualified Idaho motorcycle accident lawyer after a crash, the better.
An Idaho motorcycle accident attorney can launch an investigation, preserve evidence, initiate settlement talks, and build a case while details are still fresh. We can help you make informed choices during an emotional and stressful time.
Get a Free Consultation With Our Idaho Motorcycle Accident Law Firm
The team at Sargent Law Firm Injury Lawyers is available to help you 24 hours a day, seven days a week. You can reach out to us anytime you have questions about your rights under Idaho law by calling or filling out our online contact form.
We are here to help you get back on the road with the compensation you need to move forward. Motorcycle accident victims can connect with us today.
