Motorcycle accidents are unfortunately common in Orem, Utah, and they can result in serious injuries or even fatalities. If you or a loved one has been involved in a motorcycle crash, it’s important to seek legal help.
An experienced Orem motorcycle accident lawyer can guide you through the process, help you get compensation, and ensure your rights are protected. This article explains why hiring a motorcycle accident lawyer is crucial and how to find the right one for your case.
Do I Need an Orem Motorcycle Accident Attorney?
When you are involved in a motorcycle accident, navigating the legal process can be complicated. Insurance companies may try to offer low settlements, and the other party may try to shift blame onto you.
Having an experienced Orem motorcycle accident attorney is crucial to protecting your rights. Our experts at Valley Law understand the laws in Utah and can help you through the complex process of filing a claim or lawsuit.
A skilled lawyer will also ensure that your medical bills, lost wages, and other damages are fully compensated. They will investigate the case, gather evidence, and negotiate with insurance companies on your behalf, helping you get the fair compensation you deserve.
Qualities to Look for in a Motorcycle Accident Lawyer
Not all lawyers are the same. When searching for an Orem motorcycle accident lawyer, you should look for certain qualities to ensure you have the best legal representation:
- Experience: Choose a lawyer with experience in handling motorcycle accident cases specifically. They will be more familiar with the challenges unique to these types of accidents.
- Knowledge of Local Laws: An Orem-based lawyer will be familiar with Utah’s traffic laws and personal injury regulations, which can be critical in building a strong case.
- Reputation and Reviews: Look for a lawyer with a strong track record of success in similar cases. Check online reviews and testimonials to see how past clients feel about their experience.
- Compassionate and Supportive: You want a representative who understands the emotional and financial impact of your accident. A lawyer who listens to you and works with your best interests in mind can make a big difference in your case.
What Makes Motorcycle Accidents Different From Other Accidents?
Motorcycle accidents differ significantly from car or truck accidents due to the unique nature of motorcycles and the heightened risks associated with riding them. Understanding these differences is essential to building a strong legal case after a motorcycle crash.
- Lack of Physical Protection: Unlike cars and trucks, motorcycles do not have the structural protections of an enclosed vehicle, such as seat belts, airbags, or crumple zones. As a result, riders are more exposed to direct impact and are at a higher risk of serious or fatal injuries, even in low-speed collisions.
- Higher Risk of Severe Injuries: Motorcycle accidents often result in more catastrophic injuries compared to other vehicle accidents. Riders are more likely to suffer traumatic brain injuries, spinal cord injuries, or severe fractures due to the lack of protection and the direct force of impact with other vehicles or the road.
- Smaller Size and Visibility Issues: Motorcycles are smaller and less visible than other vehicles, making them more prone to being overlooked by other drivers. This contributes to a higher frequency of accidents caused by drivers failing to yield, merging without checking blind spots, or making left turns in front of motorcycles.
- Complex Accident Dynamics: Motorcycle accidents often involve unique dynamics that differ from car accidents. Factors such as road conditions, the motorcyclist’s skill level, and the performance capabilities of the motorcycle can play a significant role in causing or contributing to the crash.
- Prejudice Against Motorcyclists: Motorcyclists often face biases from insurance companies, opposing attorneys, and even juries. Stereotypes about reckless or dangerous riding can lead to unfair assumptions about fault, even when the motorcyclist was following the law.
- Increased Vulnerability to Road Hazards: Small obstacles like potholes, loose gravel, or wet surfaces that may pose little threat to cars can be extremely dangerous for motorcyclists. These hazards can cause a loss of balance or control, leading to crashes that might not occur in other types of vehicles.
- Greater Emotional and Financial Impact: Due to the severity of injuries, motorcycle accidents often result in longer recovery times, higher medical costs, and a more significant emotional toll on victims and their families. Riders may also face challenges returning to work or engaging in everyday activities, making fair compensation even more critical.
Common Causes of Motorcycle Accidents in Orem
Motorcycle accidents in Orem, like in many places, can be caused by various factors. Common causes include:
- Distracted Driving: When drivers take their focus off the road—whether by using a mobile phone, adjusting the radio, or engaging in other distractions—they may not notice a motorcycle. Because motorcycles are smaller and less visible than other vehicles, distracted drivers can easily miss them, leading to collisions.
- Speeding: Traveling above the posted speed limit or driving too fast for current road conditions can make it harder for a driver or motorcyclist to react quickly to changing circumstances. Speeding reduces the amount of time a person has to stop or avoid obstacles, increasing the likelihood of an accident.
- Impaired Driving: Whether it’s alcohol, drugs, or even prescription medications, impairment can significantly affect a person’s ability to react and make decisions. Impaired drivers, both motorcyclists and others on the road, are more likely to make errors in judgment or have slower reaction times, putting everyone at risk for accidents.
- Inexperienced Riders: Motorcyclists who are new to riding may lack the skills and experience needed to handle their bikes properly. Riding in challenging conditions, such as wet or slippery roads, or at high speeds, can be especially difficult for novice riders. Inexperienced riders may struggle with braking, maneuvering, or maintaining balance, increasing their chances of an accident.
- Lane Splitting: Lane splitting occurs when a motorcyclist rides between two lanes of traffic, often during heavy congestion. While some riders may attempt this to avoid being stuck in traffic, it can be dangerous. Drivers may not expect a motorcyclist to be in that space, or they may not see the rider in time, leading to crashes.
- Poor Road Conditions: Road hazards such as potholes, debris, uneven surfaces, or wet conditions can present significant dangers for motorcyclists. Poor road conditions can lead to accidents, especially if riders are unable to react quickly enough to avoid them.
- Failure to Yield: Accidents often occur when drivers fail to yield the right of way to motorcyclists. This is especially common at intersections or when drivers are turning. Motorcyclists, due to their smaller size, may be harder to spot or may not be noticed in time, leading to collisions with vehicles that do not yield.
- Motorcycle Defects: Mechanical issues with the motorcycle itself can also lead to accidents. Problems like brake failure, tire blowouts, or engine malfunctions can leave the rider unable to control the bike.
Each of these factors can increase the risk of a motorcycle accident, making it important for both motorcyclists and other drivers to stay vigilant and cautious on the road.
Common Motorcycle Accident Injuries
Motorcycle accidents can result in a variety of injuries, ranging from minor to life-threatening. Given the lack of protection around motorcyclists compared to car drivers, they are more vulnerable to injury in the event of a crash.
Some of the most common injuries seen in motorcycle accidents include:
Head Injuries
Head injuries are among the most serious injuries in motorcycle accidents. Even with a helmet, a motorcyclist can suffer from concussions, skull fractures, or traumatic brain injuries (TBI).
A TBI can lead to long-term cognitive and physical impairments. Helmets are effective in reducing the risk, but they do not eliminate the possibility of head injury altogether.
Spinal Cord Injuries
Motorcycle accidents can lead to severe spinal cord injuries, including fractures or complete spinal cord damage. These injuries can result in partial or total paralysis, affecting the motorcyclist’s ability to move and feel parts of their body.
Spinal injuries can have a lifelong impact on the victim’s quality of life and mobility.
Broken Bones
Broken bones are common in motorcycle accidents due to the force of impact when a rider is thrown from the bike or collides with another vehicle. Common fractures include broken arms, legs, wrists, and ribs.
These injuries often require surgery, physical therapy, and extended recovery time.
Road Rash
Road rash is a common injury caused when a motorcyclist slides across the road surface after a crash. This abrasion can range from minor scrapes to deep, severe wounds that expose muscle and bone.
Road rash can be very painful and may require skin grafts or other surgical interventions for severe cases.
Leg and Knee Injuries
Motorcyclists often suffer leg and knee injuries, including fractures, dislocations, or damage to ligaments and tendons. The legs are especially vulnerable during a crash, as they can be trapped under the motorcycle or impacted directly during the collision.
Internal Injuries
Internal injuries, such as damage to organs like the lungs, liver, spleen, or kidneys, can occur in motorcycle accidents. These injuries may not be immediately visible but can be life-threatening if not treated promptly.
Internal bleeding or organ damage can result from the force of impact or from hitting hard surfaces during a fall.
Whiplash
Whiplash occurs when the head and neck are rapidly jerked forward and backward, causing strain on the muscles and ligaments. It can happen in any accident, but motorcyclists are particularly vulnerable to this injury due to the nature of the crashes.
Whiplash can result in neck pain, headaches, and long-term discomfort.
Recoverable Damages in Motorcycle Accidents
In a motorcycle accident in Orem, recoverable damages can include:
Economic Damages
These cover measurable financial losses. Examples include:
- Medical expenses (hospital bills, doctor visits, rehabilitation)
- Lost wages (income lost due to injuries and time off work)
- Property damage (repair or replacement costs for the motorcycle)
- Future medical costs (long-term care or therapy)
Non-Economic Damages
These address intangible losses. They may include:
- Pain and suffering (physical pain and emotional distress caused by the injury)
- Loss of enjoyment of life (if the injury limits the ability to engage in normal activities)
- Emotional distress (anxiety, depression resulting from the accident)
- Loss of consortium (damages for the impact on relationships, particularly with a spouse)
Punitive Damages
These are not awarded in every case. They aim to punish the at-fault party for particularly reckless or malicious behavior.
In motorcycle accidents, punitive damages could be awarded if the driver was intoxicated, speeding excessively, or acting with gross negligence.
Routes of Compensation for Motorcycle Accident Victims
If you’ve been involved in a motorcycle accident in Orem, understanding the avenues for compensation is crucial to recovering from your losses. In Utah, there are several systems in place to help victims receive compensation, but navigating these can be complex.
Personal Injury Protection (PIP)
Utah is a no-fault state, which means that after an accident, you generally start by filing a claim with your own insurance company, regardless of who was at fault. This is where Utah’s Personal Injury Protection (PIP) system comes into play.
PIP coverage helps pay for immediate medical expenses, lost income, and other related costs after an accident.
However, there are some limitations with PIP in motorcycle accident cases. Motorcyclists are not automatically required to carry PIP insurance, meaning many riders may not have this coverage unless they specifically opted for it.
Even for those who do, PIP coverage is often limited, typically capping payouts at $3,000 for medical expenses. If your injuries exceed this amount or involve serious, long-term impacts, you may need to explore other avenues for compensation.
Liability Insurance
If your damages exceed what PIP covers, or if you don’t have PIP coverage, you can file a claim against the at-fault party. Utah follows a modified comparative negligence system to determine fault and compensation.
This system allows you to recover damages as long as you are less than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault.
For example, if you are found to be 20% at fault for the accident and your damages total $50,000, your compensation would be reduced by 20%, leaving you with $40,000. If you are found to be 50% or more at fault, you are not eligible to recover any compensation.
This system underscores the importance of having an experienced lawyer on your side. Your Orem personal injury lawyer can help gather evidence, build a strong case, and argue against attempts by the opposing party or insurance companies to assign you an unfair share of fault.
Pursuing a Lawsuit
If PIP benefits and insurance settlements are insufficient to cover your damages, or if liability is disputed, you may need to file a personal injury lawsuit. A lawsuit allows you to seek compensation for a wider range of damages, including:
- Medical expenses that exceed PIP coverage
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Property damage to your motorcycle
Filing a lawsuit can be a complex process, requiring thorough evidence collection, expert testimony, and adherence to Utah’s legal procedures. An experienced Orem motorcycle accident lawyer can guide you through the process, represent your interests in court, and help ensure that you receive the compensation you deserve.
What to Do After a Motorcycle Accident
A motorcycle accident can be overwhelming, but taking the right steps can protect your health, rights, and ability to seek compensation. Here’s what to do:
- Ensure Safety: Move yourself and your motorcycle out of traffic if it’s safe. Turn on hazard lights to alert others.
- Check for Injuries: Assess yourself and others for injuries. Call 911 for medical assistance if needed, even if injuries seem minor.
- Call the Police: Report the accident to law enforcement. A police report will document the incident and can be crucial for insurance claims or legal action.
- Gather Information: Exchange details with everyone involved, including:
- Names, phone numbers, and addresses
- Driver’s license and license plate numbers
- Insurance information
- Witness contact information
- Document the Scene: Take photos of the following:
- Damage to your motorcycle and other vehicles
- Injuries
- Road conditions and weather
- Traffic signs or signals near the scene
- Avoid Admitting Fault: Do not apologize or accept blame. Stick to the facts when speaking with the police, other drivers, or witnesses.
- Seek Medical Attention: Even if you feel fine, visit a doctor. Some injuries, like whiplash or internal trauma, may not show immediate symptoms.
- Notify Your Insurance Company: Report the accident to your insurer as soon as possible. Provide accurate information about the incident.
- Consult an Attorney: If you were injured or if there are disputes about fault, contact a motorcycle accident lawyer. They can help you navigate the legal process and seek fair compensation.
- Keep Records: Maintain all documents related to the accident, including medical bills, repair estimates, and correspondence with insurers or attorneys.
Taking these steps can help you recover physically, financially, and legally after a motorcycle accident. Stay calm, follow the process, and seek professional guidance when necessary.
The Legal Process for Motorcycle Accident Claims
Filing a legal claim after a motorcycle accident is essential to recover compensation for medical bills, property damage, lost wages, and pain and suffering. Here’s how the legal claims process typically unfolds:
Filing the Claim
The first step is notifying your insurance company or the at-fault party’s insurer about the accident. Provide the required details, such as the date, location, and a brief description of what happened.
If the insurance company denies your claim or offers insufficient compensation, you may need to file a personal injury lawsuit.
Investigation
Both your legal team and the insurance company will investigate the accident. This involves:
- Reviewing the police report
- Examining photos or videos of the crash scene
- Interviewing witnesses
- Analyzing medical records and repair estimates
- Consulting experts, such as accident reconstruction specialists or medical professionals
A strong case is built on solid evidence, so ensure you’ve documented everything thoroughly.
Demand Letter
Your attorney may send a demand letter to the at-fault party’s insurance company. This letter outlines:
- The facts of the accident
- Your injuries and other damages
- The compensation amount you are seeking
The insurer will review the demand letter and either accept, reject, or negotiate the claim.
Negotiation
Negotiation is often the first opportunity to resolve your claim without formal litigation. This phase usually takes place between your attorney and the at-fault party’s insurance company.
Your attorney will present evidence such as the police report, medical records, and repair estimates to demonstrate the strength of your case. They will argue for a specific compensation amount based on the damages you have suffered.
Filing a Lawsuit
If negotiations fail, your attorney may file a lawsuit. This initiates the litigation process, which typically includes:
- Complaint Filing: A formal document outlining your case is filed in court.
- Response: The at-fault party (defendant) responds to the complaint.
- Discovery: Both parties exchange evidence, conduct depositions, and build their cases.
The Statute of Limitations for Motorcycle Accident Claims in Orem
In Orem, Utah, the statute of limitations for filing a motorcycle accident claim is typically four years from the date of the accident. This means victims have four years to file a personal injury lawsuit to seek compensation for damages, including medical expenses, lost wages, and pain and suffering.
However, if the accident resulted in a wrongful death, the statute of limitations is reduced to two years from the date of death.
Failing to file within these time limits can result in losing your right to pursue compensation. It is crucial to consult an experienced attorney as soon as possible to ensure your claim is filed on time and handled properly.
Valley Law: The Right Orem Motorcycle Accident Law Firm for You
Motorcycle accidents can be life-changing, but with the right legal help, you can navigate the challenges ahead. An Orem motorcycle accident lawyer will fight for your rights and ensure that you receive the compensation you deserve.
Don’t wait—contact an attorney from Valley Law Accident and Injury Lawyers as soon as possible after your accident to get the support you need during this difficult time. Call us today at (801) 810-9999.
