Motorcycle sales have increased in recent years due to their convenience, lower fuel costs, and the sheer pleasure of riding on open roads. Meanwhile, Utah is a popular place to bike because of its many scenic routes and stretches of uncrowded highways. Unfortunately, a motorcycle accident caused by another driver’s negligence can leave you with serious injuries and related damages.
While riding a motorcycle has its advantages, it also exposes riders to a higher risk of injuries and fatalities than individuals in cars. Without seatbelts or airbags, motorcyclists are more likely to suffer serious injuries. At the same time, the relatively small size of the bike makes it harder for other drivers to see than a car. Motorists are cautioned to “look twice” before turning or pulling out on the street, but if the driver isn’t careful, they could cause a collision with a motorcycle.
How Can a Salt Lake City Motorcycle Accident Attorney Help You Get a Fair Settlement?
It can be difficult to fight an insurance company on your own, especially while struggling to recover from your injuries. While the insurance industry would like you to believe that they’re looking out for your interests, the truth is that insurance companies only look out for their bottom lines. There are multiple ways in which they may attempt to shortchange you after a motorcycle crash:
Denying Your Claim
You know the crash wasn’t your fault, but the other driver could have a different story. They might claim that they had the right of way, you pulled out in front of them, you were speeding or driving recklessly, etc. The responding officer will take statements from both drivers and any witnesses, then examine the scene and make observations. Usually, their time is limited, and they won’t have the resources to investigate much beyond that.
The police report typically becomes available about a week after an accident. In it, the responding officer describes what they think happened based on all available evidence. However, in many cases, there is limited evidence, and they will do their best with limited data. If you feel that the police report is incorrect, we can search for evidence to show what really happened and challenge the report.
But that doesn’t mean the insurance company adjuster will be convinced. We’ve seen cases where the other driver admitted to causing the crash, or the police report concluded the other driver was at fault, but the insurance company still maintained the motorcyclist was at least partially to blame. Under Utah’s modified comparative negligence laws, two parties can share fault in an accident or other personal injury situation.
Why is this important? The party that is at least 50 percent responsible can’t collect damages and can be held liable for the other party’s damages. But the lesser-responsible party will lose whatever percentage of fault they have from the final award. So if the insurance company insists that you were 10 or 20 percent at fault, they can justify paying you less than your claim is worth.
An experienced motorcycle accident lawyer can fight these claims after gathering evidence and building a strong case for you.
Undervaluing Your Claim
One mistake many people make when filing their own claim for a motorcycle accident is failing to ask for enough compensation. Some people only file a claim for their medical bills and property damage without thinking about their other damages. If the insurance company recognizes their client was at fault and it would be challenging to blame you, they may decide to make you an offer. The problem is that it will likely be for much less than your claim is worth.
Here are some damages that we always consider when helping a client with a motorcycle accident claim:
- Medical bills. Another common mistake is asking only for your current medical bills. Many people need care for several weeks or months after a motorcycle injury. If your injury doesn’t heal properly, you might need more treatment or surgery. Physical therapy can continue for a long time as well, and frequently health insurance carriers only cover a set number of sessions, so some patients start receiving a bill after a certain period of time. We always wait to settle a case until we’re sure the client’s treatment is complete. Or, if their injuries appear to be long-term or they will need continued care, we can estimate their future costs. Aside from overlooking some of your damages, the insurance company could also claim that some of your medical treatments weren’t “necessary.”
- Lost income. An injury like a broken leg or arm could keep you from work for months at a time, and many motorcyclists quickly burn through their paid time off after an accident. You deserve compensation for this lost income, including any PTO you used.
- Lost earning potential. In more serious cases, the injured person may suffer a permanent disability and become unable to work at all. Or they may only be able to work part-time or in a less physically strenuous job that doesn’t pay as well. In these situations, we will seek damages for your lost earning potential.
- Permanent disability or disfigurement. If you’ve suffered a permanent injury, we can seek compensation for this loss.
- Pain and suffering. Being in a motorcycle accident can leave you with chronic physical pain, emotional distress, or mental health effects like anxiety, insomnia, or PTSD. All of these are valid damages, and we will pursue compensation for you.
- Property damage. We’ll make sure you’re fairly compensated for damage to your bike or other valuables (such as a phone or laptop you were carrying on the bike). This includes the depreciated value of your motorcycle even after it’s repaired.
- Wrongful death. If a loved one died in a motorcycle accident, you might struggle to pay their final expenses while dealing with your own devastating loss. We don’t want you to have any additional concerns while working through your grief, so we will pursue damages for funeral and burial expenses, final medical bills from the accident, loss of companionship or consortium, loss of financial support, and more.
You should be particularly concerned if the insurance company makes you an offer quickly after your motorcycle crash. This is often a sign that the insurance company is trying to reduce its exposure by making a lowball offer for far less than your claim is worth. If you read the fine print, you’ll probably see that accepting the offer releases them from any further obligation regarding your accident. So if you find you have more expenses later, they won’t have to cover them. For this reason, we encourage you to always seek legal advice before accepting an insurance company offer.
What Steps Should You Take to Protect Yourself After a Motorcycle Accident?
Motorcycle accidents can be stressful, especially if you are injured and in pain or disoriented. If you can, try to remember these steps to protect your legal rights:
- Move out of the road to a safe place and call 911. If you can’t move because of your injuries, turn on your bike’s hazard lights if you can reach them and call for help.
- Exchange contact and insurance info with the other driver, but avoid discussing fault. Most people aren’t thinking clearly right after an accident and may not have all the information about what happened. It’s easy to say something that seems innocent but that the insurance provider takes as an admission of fault – we’ve seen this happen a number of times.
- When the police arrive, you should answer their questions honestly, but don’t volunteer information they didn’t ask for. Keep your answers brief and to the point, and never admit fault. A remarkable number of people think an accident was their fault when it wasn’t, often due to limited information about what actually happened.
- Even if you don’t believe your injuries are serious, see a healthcare provider anyway. The adrenaline rush that accompanies an accident often suppresses pain at first, so many people don’t realize the extent of their injuries right away. Other injuries are more subtle and may not show symptoms for several days or weeks. It’s important to get checked out for two reasons – to ensure your injuries aren’t more serious than you think and to document them in case you need further medical care.
- Call a motorcycle accident lawyer immediately to safeguard your rights and ensure all your damages are considered in your settlement.
Get Help From a Salt Lake City Motorcycle Accident Law Firm Today
If you or a loved one have been hurt in a motorcycle accident, please contact Valley Law Accident and Injury Lawyers at 801-810-9999 for a free consultation. We’ll review your case, answer your questions, and explain your options for seeking compensation.
Founder and lead Salt Lake City personal injury attorney Brigham Richards has been fighting to protect the rights of injured people since 2012. He works on each case from beginning to end, including negotiations, litigation, and case resolution. Mr. Richards can also assist clients who speak English or Spanish.
