What Damages Can I Collect for a Motorcycle Accident?

When your motorcycle accident is due to someone else’s negligence, you may be eligible to recover compensation related to your injuries and losses. Motorcycle crashes can lead to devastating losses. You may be dealing with serious injuries, the financial loss of your motorcycle, lost income, and emotional trauma.

A motorcycle accident attorney can fight for fair compensation for everything you’ve lost. In this article, we’ll explain what damages may be available and how to protect your legal rights to recover them.

Economic Damages Available After a Motorcycle Accident

The fallout of a motorcycle accident can quickly become financially overwhelming. On top of your normal daily expenses like rent, groceries, and electric bills, you may also be dealing with medical bills. Depending on the severity of your physical injuries, you could be facing a changed work landscape where you may need to take on a different role or leave the workforce entirely.

Understanding both your current financial losses, as well as the ones your injuries will cause you in the future, is essential for recovering fair compensation. A motorcycle accident lawyer will assess your losses and may consult with medical experts about your long-term prognosis so that they can advocate for the maximum compensation you are entitled to receive.

Below, we’ll explain some of the economic damages that may be available after a motorcycle accident.

Medical Expenses

These include both current and expected losses, such as:

• Surgeries
• Emergency room visits
• Diagnostic testing
• Doctor appointments
• Long-term care for assistance with activities of daily living (ADLs)
• Long-term nursing care
• Mobility aid devices
• Physical therapy

Job-Related Losses

These losses may include:

• Lost wages if you miss work to recover
• Loss of job benefits, such as personal time off (PTO)
• Diminished earning capacity, if your injuries cause you to work at a lesser capacity or leave your job entirely

Property Damage

You may claim repairs or replacement of your motorcycle as a damage. You may also seek compensation for any personal effects, such as a smartphone.

Other Expenses Related to Your Accident

You may also seek compensation for home modifications to accommodate your accessibility needs. Additionally, you could recover expenses such as mileage and gas for traveling to and from doctor appointments.

Non-Economic Damages That May Be Available After a Motorcycle Accident

While financial burdens are a major factor after an accident, it’s important to recognize that they are not the only losses that will affect you. Fair compensation should also account for the emotional and physical toll that your injuries have taken on your life.

You may be eligible to recover compensation for non-economic losses such as:

Emotional and Physical Losses

These include losses that do not have a direct financial cost, such as:

• Physical pain
• Physical suffering
• Emotional distress
• Loss of consortium
• A loss of enjoyment of life if you are no longer able to take part in a hobby you enjoyed
• Lowered quality of life
• Scarring and disfigurement
• Post-traumatic stress disorder (PTSD)

Punitive Damages

In rare cases, you may be eligible to recover punitive damages. These damages are only awarded by a judge or jury when the defendant’s actions are willfully harmful. Punitive damages are typically much harder to recover than other types of losses and may require a higher burden of proof.

How Do You Recover Damages After a Motorcycle Accident?

Recovering fair compensation for a motorcycle accident is typically done through either a personal injury claim or a personal injury lawsuit. If a loved one passed away due to the accident, a surviving loved one would file either a wrongful death claim or lawsuit.

However, recovering damages isn’t as simple as filing a claim. You must be able to prove that another party was negligent.

How Is Negligence Proven?

Proving negligence requires demonstrating that the at-fault party neglected the duty of care that they owe to others, such as a driver must obey traffic laws to ensure the safety of others on the road. For example, if your accident was due to a speeding driver, then you would need to prove that their speeding directly led to the accident and that your losses are directly linked to the accident they caused.

Your motorbike accident attorney may do the following to prove negligence:

• Interviewing witnesses
• Obtaining visual evidence of the accident, such as from traffic cameras or photographs taken at the scene
• Consulting with third-party experts, such as an accident reconstructionist who can explain how the accident likely happened
• Reviewing official documents related to the accident, such as police reports and driving records
• Demonstrating your losses through your medical records and financial statements

Is There a Time Limit on Recovering Damages After a Motorcycle Accident?

Yes, there is a time limit to recover financial compensation for your losses, and it depends on the state.

• Under CCP § 335.1, you generally have only two years to pursue a wrongful death or personal injury lawsuit.
• Under Idaho Statutes § 5-219, you also generally have two years.

If you fail to file a lawsuit in time, you may be barred from recovering compensation. However, a personal injury attorney can ensure that all legal deadlines are met.

What If You Were Partly to Blame for Your Motorcycle Accident?

Depending on the state you live in, you may recover compensation even if you were partially at fault for your injuries.

• Per CCP § 1714, you may recover compensation even if you are 99% at fault in the accident.
• Per Idaho Statutes § 6-801, you may recover compensation if you are 49% or less responsible.

It’s also important to note that your fault percentage will affect the damages you can be awarded. For example, if you were 30% at fault in the accident and could usually recover $100,000 in damages, you would only be able to recover 70% of that amount.

As a result, insurers may try to unfairly shift more blame onto you. However, a motorcycle accident lawyer can gather evidence and effectively counter these tactics, guiding you through the process and providing support.

Contact a Motorcycle Accident Attorney for Help Pursuing Damages

A fair settlement after an accident can give motorcycle accident victims the financial means to heal, pay medical bills, and move on with life. Don’t let the aggressive tactics of insurance companies bar you from the compensation you deserve. A motorcycle accident lawyer can navigate the legal complexities of an insurance claim to fight for your rights to compensation and justice.

Contact the legal team at Sargent Law Firm Injury Lawyers for a free review of your case.