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 (844) SARGENT 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 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.
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:
- Medical expenses: All past, current, and estimated future medical bills related to accident injuries can be claimed. This includes hospitalization, surgeries, ambulance transport, rehabilitation, physical therapy, at-home nursing care, prescriptions, and more.
- Lost income: The victim can claim lost income if injuries prevented them from working for a period of time during recovery. Future loss of earning capacity can also be claimed if disabilities inhibit future job prospects and advancement opportunities.
- Pain and suffering: Damages can be sought for physical pain and mental/emotional anguish stemming from crash injuries, treatment procedures, and resulting disabilities.
- Loss of enjoyment of life: Compensation can address the inability to participate in recreational activities, hobbies, or quality of living losses.
- Property damages: Repair or replacement costs for damage to the victim’s motorcycle, clothing, safety gear, or other personal property due to the accident.
- Wrongful death damages: In a fatal motorcycle crash, surviving family members can file a wrongful death suit and seek funeral costs, loss of companionship, and loss of financial support the deceased would have provided.
An 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.
How Much Are Most Motorcycle Accident Settlements Worth in Idaho?
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 serious injuries, like head trauma, broken bones, extensive burns, or paralysis warrant higher settlements than minor soft tissue injuries. Permanent disabilities or disfigurement could also increase settlements.
- Medical treatment costs – Settlements must cover both current and estimated future medical expenses related to the crash like surgeries, physical therapy, prescriptions, etc.
- Lost income & reduced earning capacity – Settling parties calculate the income lost if injuries prevent someone from working for a period of time. If you won’t be able to return to your pre-accident job, you can also seek compensation for any reductions in earning power.
An Idaho motorcycle accident attorney from our firm can help you seek appropriate compensation in a settlement. We will assess your case to determine how the damages you suffered affect your well-being. Once we understand the losses you suffered, our legal team can pursue fair compensation.
Who You Can Sue in an Idaho Motorcycle Accident Claim
You can potentially sue multiple liable parties in an Idaho personal injury claim, including:
The At-Fault Driver
If another motorist’s negligent driving caused the crash, such as speeding, illegal turning, distracted driving, DUI, etc. then they would be the main party you can sue and seek financial compensation from. Their 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.
Multi-vehicle accidents can have multiple parties at fault. You can pursue injury claims against any negligent drivers involved in the crash under certain comparative negligence laws based on their share of fault.
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 modified comparative negligence rules when determining fault and financial liability after a motorcycle crash. This can directly impact your potential accident settlement amount. Under comparative negligence, multiple parties can share fault and liability. Each party’s percentage of fault reduces their ability to recover injury compensation.
Establishing the full liability and negligence of other motorists is critical in a motorcycle accident claim. Our Idaho motorcycle accident attorney can prove fault percentages, overcome comparative negligence claims, and 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 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.
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. Can cause 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.
What 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, 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 an 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 for preserving 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 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 by calling (844) SARGENT.