The Rights of Motorcycle Riders After a Motorcycle Accident

An overview of motor vehicle accidents in 2021 was published in a report by the National Highway Traffic Safety Administration (NHTSA) in April 2023. They reported that the total number of crash fatalities of motorcyclists was 5,932, up 7.7% from 2020. That means about 16 motorcyclists per day were killed in the United States in 2021. These statistics don’t include the motorcyclists who have sustained injuries in a motorcycle accident.

If a loved one was killed in a motorcycle accident, or you have been injured in a motorcycle accident, you should reach out to an experienced motorcycle accident attorney. They will be able to tell you what your rights are and get you compensation for your injuries or damages if the negligence of another caused your motorcycle accident.

Motorcycle Accidents Can Result in More Damages

Riding a motorcycle has a greater risk of being more severely injured or killed in a motorcycle accident. Motorcyclists are more vulnerable to severe injuries when in an accident because the steel frame and metal exterior of a motor vehicle do not protect them. Also, you can factor in that a motorcycle is less stable than vehicles with three or four wheels. Injuries can occur by being thrown off the bike or the bike falling on them.

You can do your best to lessen the risks by following the laws of the road, adhering to helmet laws, and donning protective clothing. Still, when someone else in a motor vehicle causes an accident, chances are you can have more severe injuries than the person driving the car or truck. You are three times more likely to survive a head injury when wearing a U.S. DOT-compliant helmet. Wearing a helmet does not guarantee you won’t sustain a head injury. It just makes it more unlikely that a head injury will occur. Other injuries that you can sustain in a motorcycle accident include:

Road rash
Facial fractures
Disfigurement
Broken bones
Burns
Limb amputations
Spinal cord injuries
Paralysis
Traumatic brain injuries (TBIs)

A motorcycle accident that causes these kinds of injuries can result in medical bills that add up, loss of earnings, and pain and suffering. So if you’ve been in a motorcycle accident that was caused by the negligence of another and sustained any of these injuries, you’ll need to know what your rights are as a motorcycle rider.

Are the Rights of Motorcyclists Different From Those Who Drive Motor Vehicles?

Even though chances are greater that motorcycle riders can sustain more damage than those in motor vehicles when involved in an accident, a motorcyclist’s rights are not diminished. They have the same rights to seek compensation for the damages they experience as anyone else injured in an accident.

If you sustain minor to severe injuries, motorcycle riders have a right to collect compensation for any financial or noneconomic damages that accrue during the recovery and healing process. The more severe the injury, the more damages the motorcycle rider can claim, including:

Doctor’s visits
Prescription medication
Physical therapy sessions
Rehabilitation
Lost earnings
Diminished earning capacity
Pain and suffering
Emotional anguish
Loss of enjoyment of life
Property damage to the motorcycle

If a motorcyclist dies while in the process of collecting damages, a survivor, such as a spouse or an heir, is legally able to recover pain, suffering, or disfigurement damages in addition to the medical bills, property damage claims, and lost income that the motorcyclist would have been owed had they lived.

How Can the Rights of a Motorcyclist Be Protected?

An attorney can collect documentation and evidence to determine who was responsible for the accident and to support your financial and noneconomic damage claims. Once all the information is collected, the attorney will submit that information with the claim to the responsible party’s insurance company.

The attorney will negotiate with the insurance company until they reach a fair settlement. If the insurance company denies the claim or will only settle for less than adequate, your attorney can file a lawsuit for compensation to be determined by a judge or jury.

The California Personal Injury Experts at Kash Legal Can Help With Your Motorcycle Accident Case

Motorcycle riders need to know that they have rights when they are in an accident and should see the personal injury experts at Kash Legal to find out what those rights are and how to exercise those rights if injured in an accident. If you’re a motorcyclist, you must understand that you have just as many rights as any other vehicle operator on the road.

The Kash Legal attorneys are deeply committed to protecting the rights of all vehicle operators, including motorcyclists. They will do everything they can to obtain justice for your motorcycle accident injuries caused by the negligence of others. If you are injured due to a motorcycle accident, call Kash Legal at (888) 527-4128 or complete our contact form for a free consultation today.