Imagine driving down the highways with your hair blowing in the wind and relishing every moment with a sense of freedom on your favorite motorcycle. Then boom a crash occurs and you ask yourself “what just happened?”. It’s obvious, that you have been involved in an accident.
Riding a motorcycle can be one’s favorite pastime but equally dangerous. This is because the possibility of sustaining injuries when involved in a crash is high. In 2020, motorcyclists accounted for 14% of all traffic accidents in the US. What does this imply? Motorcycle accidents are on the increase and this could be a result of a lot of factors.
Before we answer the question on the average payout for a motorcycle accident, let’s look at the common factors that cause motorcycle accidents.
The compensation for any motorcycle accident is not fixed. The average payout for a motorcycle accident is around $200,000.
Common Causes of Motorcycle Accidents
1. Bad Weather Conditions Can Cause Motorcycle Accidents
The bad weather condition has been a reason for many accidents. Many times, a motorcycle rider may be forced to drive in the rain or on roads with less than optimal grip due to low temperature. This could lead to a rider misjudging a turn and thus, crashing.
2. Driving Under The Influence Of Alcohol or Drugs
The worst kind of negligence on the part of the cyclist is driving under influence of any kind. With the rise in indulgence in alcohol and drugs, it won’t be surprising to see that many motorists drive under the influence even when it is against the law. In this case, the average payout for a motorcycle accident will depend on this factor.
3. An Inexperienced Rider Can Be The Cause of An Accident
The risk of motorcycle accidents could go up when a rider has little experience. In this case, there is the possibility that the rider may not be capable of negotiating a bend and obeying all the road signs or traffic rules which can lead to a collision.
4. Over Speeding Can Lead To An Accident
Some motorcycles like the power bikes encourage speeding probably because of the way they are manufactured which can result in an accident. Also, riders engage in over speeding to fulfil the desire to go ahead of others. Over speeding is dangerous and not advisable and can lead to injuries or death. If an accident results in death, the average payout for a motorcycle accident will be different from a case without death.
Damages That May Be Sought In a Motorcycle Accident Case
Nobody wishes for an accident to occur but you should be knowledgeable in case you find yourself in one. Let’s look at the kind of damages you may seek in such a situation.
a. Physical Injuries
It is obvious that in the case of a motorcycle accident, you may have sustained physical injuries. You could sustain a neck injury for instance due to the impact of another vehicle colliding with your motorcycle. There are cases, in which you could end up with broken bones and severe bruises from the crash. These injuries should be compensated.
b. Mental Anguish
Injuries are not only physical. When accidents happen, some injuries are internal or not seen on the body. Also, the emotional state of a person involved in the accident is affected. This could show up in the form of Post-Trauma Stress Disorder (PTSD), nightmares or even panic attacks. All these should be properly accounted for in determining the average payout for a motorcycle accident.
3. Loss of Income
If a major accident occurs due to the negligence of another person, you may lose your source of income altogether. You may incur a loss if an injury sustained during the accident prevents you from going about your normal daily life.
And if business agreements are breached as a result of one’s inability to engage in their daily activities, then it needs to be included in the damages the insurance company has to cover.
4. Damages To The Motorcycle
Another major factor considered in the determination of the average payout for a motorcycle accident is damage or loss of your motorcycle. If you were involved in a bad accident, chances are that your motorcycle will either be unusable or completely destroyed. This will not only cost you money but also increase the frustration and grief you may feel for losing such a dear possession.
Who Can Be Sued After a Motorcycle Accident?
Every rider on the road has a responsibility towards other road users. But if one fails in this duty and an accident happens then there will be a need to find out who was at fault. The person will be liable for all the losses incurred as a result of the accident. That’s why it is recommended you reach out to your attorney immediately after an accident occurs.
There are people who can be sued when a motorcycle accident occurs. They include but are not limited to the following persons.
i. Motorcycle Rider
The rider of the motorcycle can be sued for negligence especially if he was found to be driving under influence, speeding or riding in a reckless manner. Here, the rider will be liable for any injuries, pain and suffering, property damage etc. This will probably drive up the average payout for a motorcycle accident that he’ll be liable for.
ii. The Driver Of The Other Vehicle Involved In An Accident
The same goes for the driver of the other vehicle. If he is speeding, driving recklessly, failing to stop at a red light or under an influence. Then he will be held liable for any losses incurred during the accident.
iii. Motorcycle Manufacturer
In some cases, motorcycle manufacturers may be held liable for falling short of their safety standards with respect to the brakes or other essential parts of the motorcycle. When this results in an accident, they are held liable for the accident that occurred. This is because of their negligence towards the duty of care they owe to their customers.
How Much Is the Average Payout for a Motorcycle Accident?
Settlements in motorcycle accidents are more than other types of motor vehicle collisions. This is because injury sustained in accidents involving motorcycles is usually much higher due to its nature and the lack of protection that bikers have. As a result, the average payout for a motorcycle accident might be higher.
In motorcycle accidents, you must be compensated for all the losses you have incurred. As long as you can prove that you are legally entitled to monetary damages, there are no limitations on your right to damages and complete payment for your injuries, notwithstanding what the insurance company tries to convince you of.
In some cases, the average payout for a motorcycle accident with less severe injuries can be as much as $70, 000 to $100,000. More severe injuries like brain injuries on the average can get $185,000 to $1 000 000 in the worst scenario.
That being said, the average payout for a motorcycle accident is around $200,000. But you’ll need to have a good motorcycle accident lawyer to get this.
However, there is no fixed term as to the compensation that will be given. This is because cases vary. Moreover, no two incidents are exactly the same. So the extent of damage or injuries sustained will determine what should be paid. That’s why it is good to have your attorney involved.
In setting the value for the compensation, there are three things that are considered.
1. Liability
If the other party you are involved in an accident were not careless while driving, your compensation will be less. But if they were found liable, then the next cause of action will be the extent of the damage.
2. Damages
In damages, your short and long-term losses and injuries, including medical costs, pain, and physical impairment can be compensated. Your compensation would be higher if your losses and injuries were more severe. And before thinking about settling your motorcycle accident claim, it is vital to fully understand and assess these damages and losses.
3. Sources of Recovery
The settlement will depend on how much insurance there is. For instance in Texas, most drivers are required to have at least $30 000 in insurance. They can use it to pay for injuries in case of accidents.
Then some motorcyclists do not have adequate coverage that can provide a source of recovery when the motorist is hurt by a driver with insufficient insurance. All this will affect the compensation that will be given.
The Right Time To Involve an Attorney
You may be tempted to deal with the insurance company directly but this can often result in losses instead of gains. Don’t bother trying to negotiate with the insurance company yourself rather get an attorney involved. This is because the insurance company will do everything possible to pay you as little as possible for the incident, usually less than the average payout for a motorcycle accident of your type. That’s why you need an outstanding attorney who will negotiate with the insurance company.
The attorney will take all the necessary steps for your defence and ensure that you are duly compensated for your injuries and damages.
How Long The Settlement Will Take in Motorcycle accident?
The length of time needed to settle varies. It depends on the factors that surround the accidents. The parties involved will come together to resolve and settle everything regarding compensation. The insurance company will like to settle the case quickly and move on to something else. But will try to negotiate very little compensation while on the other hand, your attorney will strive to get more out of the settlement.
But when the accident involves serious damages, and the parties could not reach an agreement, then they may require the involvement of a judge. This may take several weeks or even months before the compensation is finally settled.
Summary
The compensation for any motorcycle accident is not fixed. The average payout for a motorcycle accident is around $200,000.
It differs depending on the case involved. But the most important thing is that whenever you find yourself in an accident, you should get in touch with a good attorney for the best possible negotiations.