Motorcycle accidents can be life-altering. Navigating the aftermath—especially when it comes to securing a fair settlement—can be daunting. Understandably, you may be searching online for motorcycle crash settlement examples to understand better how much your case is worth. However, these totals may not relate to your case value. Instead of looking for an average motorcycle accident settlement amount, focus on establishing the value of your case.
At Frederick Law Firm, we advocate for motorcyclists injured on California’s roads. Here, we offer insight into how to calculate motorcycle accident compensation payouts in 2024, including how factors like injury type, liability, damages, and insurance coverage affect your claim.
Factors that Impact Motorcycle Accident Settlements
Settlement evaluations in motorcycle accident cases involve a detailed analysis of several key factors. The goal is to ensure that the compensation reflects the full extent of your losses and injuries.
Type and Severity of Injuries
Motorcycle accidents often result in more severe injuries than other vehicle accidents. That is often because of the exposed nature of riders. The type and severity of your injuries will play a significant role in helping establish your case’s value.
Catastrophic injuries, such as traumatic brain injuries or spinal cord injuries, require extensive medical treatment and can lead to long-term or permanent disability. Claims involving soft tissue injuries that heal in a few months will likely be worth much less.
Liability and California’s Pure Comparative Negligence Law
Liability is another primary factor that impacts the average settlement for a motorcycle accident. California is a pure comparative negligence state, meaning you can still collect some of your compensation, even when you’re partially or primarily at fault. Consider a case where you have $100,000 in damages. If you’re 90% at fault, you could receive 10% of your damages, or $10,000. If you’re 20% at fault, you will receive 80% of your damages, or $80,000.
You can expect the other driver’s insurance company to do everything possible to assign most of the fault to you because this lowers the company’s exposure. That’s why you need solid evidence and a strong legal advocate on your side.
Damages
The more severe your injuries are, the higher your damages will likely be. Damages refer to tangible losses, such as medical expenses, lost wages, and property damage. They also include your intangible losses, such as pain and suffering, mental anguish, loss of consortium, and more. With severe injuries, you might have higher medical expenses and significantly higher pain and suffering.
Amount of Liability Coverage
The amount of available liability coverage also impacts your claim. California law requires motorists to carry the minimum amount of liability insurance. It’s not uncommon for motorcycle accident injuries to exceed the at-fault driver’s insurance coverage. The insurance company will not offer anything above the limits when this happens. You would need to look for other sources of recovery, such as suing the at-fault driver directly. Another option might be to file an underinsured motorist (UIM) claim with your insurance company—provided you have that type of coverage.
Maximizing Your Motorcycle Accident Settlement Amount in California
Negotiating a fair settlement requires thorough preparation and a strategic approach. Here are some things to keep in mind when it comes to negotiating a settlement:
- Document the scene if possible, including scene photos;
- Call the police to respond to the accident scene;
- Seek medical treatment right away after an accident;
- Gather all pertinent evidence that supports your claim for damages; and
- File within the statute of limitations, or you might be barred from recovery.
Pursuing a motorcycle accident claim without legal representation can feel overwhelming. Calling a lawyer immediately after the accident can help protect your rights right from the start.
Contact Frederick Law Firm
Accurately evaluating the value of a motorcycle accident claim requires legal skills and knowledge. Rather than focus on motorcycle crash settlement examples, contact us to review your case. Attorney William Frederick has years of experience representing injured victims in motorcycle accidents. Instead of negotiating a claim on your own, let us put our experience to work for you and help you maximize your potential settlement value.
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