Should I Get a Lawyer for a Motorcycle Accident?

February 7, 2024 | Ed Bernstein
Should I Get a Lawyer for a Motorcycle Accident?

While motorcycle riding is exhilarating, riders are among the most vulnerable road users. If you've suffered an injury in a motorcycle accident that wasn't your fault, you might be wondering if hiring a motorcycle accident lawyer will be worth the effort. This article will explain why you need legal help and the consequences of not having an attorney.

Potential Consequences of Not Hiring a Lawyer

Should I Get a Lawyer for a Motorcycle Accident

Even though you're sure someone else was to blame for the wreck, if you don't have a motorcycle accident lawyer on your side, you'll have virtually no chance of obtaining fair compensation. Unrepresented accident victims face significant obstacles that can make it impossible to get the money they deserve. These are just a few.

A Limited Knowledge of Personal Injury Law

Navigating the complexities of a motorcycle accident case without legal knowledge can be overwhelming.

Personal injury law involves intricate details and nuances, specifically about motorcycle accidents. Without the right experience, you may struggle to comprehend the full extent of your rights, potential compensation, and the available legal avenues to pursue.

A motorcycle accident lawyer who deeply understands personal injury law can guide you through the legal landscape with clarity and confidence. They interpret the law's complexities, ensuring you make informed decisions throughout the legal process.

Challenges in Negotiating Fair Compensation

Insurance companies, often skilled in minimizing payouts, pose a significant challenge when seeking fair compensation. Without the help of a legal representative, you may find it difficult to negotiate effectively for compensation covering medical expenses, lost income, and other damages.

Lawyers with extensive experience in personal injury law bring substantial negotiation skills to the table. They know how to discuss with insurance companies, ensuring you receive the compensation you deserve. This experience is particularly crucial when dealing with insurance adjusters who may employ strategies to undervalue or dispute your claim.

Risk of Accepting Inadequate Settlement Offers

You're likely worried about the medical bills that keep piling up. The possibility of not receiving paychecks if you cannot work can be a source of stress.

The insurance company covering the at-fault party that caused the accident will try to take advantage of your uncertainty. They'll probably offer a settlement that seems too good to pass up. But while it will be a lot of money, it won't be close to what you deserve.

If you accept that offer, the case will be over. You won't have any further options. That settlement money won't cover your medical expenses, lost income, and other accident-related expenses.

Seasoned motorcycle accident attorneys can keep you from giving in to temptation. Lawyers play a pivotal role in assessing the full extent of your damages, considering immediate expenses and potential long-term consequences.

They work tirelessly to secure a settlement that comprehensively covers your losses, safeguarding you from the potential financial repercussions of accepting a settlement that falls short of meeting your needs. This proactive approach is essential in protecting your interests and ensuring a fair resolution to your case.

The Benefits of Working With a Motorcycle Accident Attorney

Hiring a motorcycle accident lawyer will be one of the best decisions you'll ever make. The stakes will be high in your case. Your financial future can very well be on the line. An attorney will fight passionately to protect that future. The following are just some of the ways your legal representative does so.

Investigating and Gathering Evidence

A skilled attorney will comprehensively investigate the circumstances surrounding the motorcycle accident. Lawyers bring valuable resources and skills, enabling them to gather crucial evidence such as accident reports, witness statements, and professional opinions.

Their investigative skill is instrumental in building the most robust case that supports your claims and positions you favorably in negotiations or court proceedings.

Negotiating with Insurance Companies

Insurance negotiations require finesse and strategy. Lawyers don't just have a deep understanding of the law. The best ones are also skilled negotiators, using the facts to secure a fair settlement with the at-fault party's insurance company.

They understand the tactics employed by insurance adjusters to minimize payouts and know how to counteract them to ensure that you receive an equitable compensation package. This negotiation skill is vital for achieving a resolution that reflects the true extent of your damages.

Representing You in Court if Necessary

The chances are excellent that your motorcycle accident attorney will negotiate a fair settlement. About 95 percent of personal injury cases settle without a trial.

However, you want a lawyer who can make a compelling argument in court if needed. Seasoned trial lawyers effectively use evidence to protect your rights and give you the best possible chance of securing a favorable outcome in court.

Attorneys will sometimes call upon expert witnesses to strengthen your case even further. Accident reconstructionists, for instance, can explain how the wreck happened and why it wasn't your fault. Medical professionals can testify regarding the severity of your injury and treatment costs. Employment professionals can prove the lost and future income you'll lose if you can't return to your job.

A Brief Overview of Motorcycle Accidents

A Brief Overview of Motorcycle Accidents

Even though only three percent of all registered vehicles in the US are motorcycles, riders account for nearly 15 percent of all traffic deaths. 5,932 riders died, and another 83,000 suffered severe injuries.

Motorcycles lack the protective features of cars, making riders more vulnerable to injuries. Accidents can result from various factors, including reckless drivers, manufacturing defects, or poor road conditions.

The aftermath of a motorcycle accident can be overwhelming, but a skilled attorney can relieve a great deal of stress. They can protect your rights and pursue compensation while you recover physically and emotionally.

Factors to Consider When Choosing a Lawyer

While it's true that hiring an attorney will be one of the best choices you ever make, you need to find the best one for your specific case. Time is of the essence when getting legal help. However, you must still do your due diligence and find the lawyer you feel will do the best job. Here are a few considerations to keep in mind.

Experience in Motorcycle Accident Cases

Selecting a lawyer with a proven track record in handling motorcycle accident cases is essential. Experience in personal injury law ensures that the lawyer understands the unique challenges of such claims.

The best motorcycle accident attorney will be familiar with the intricacies of cases similar to yours, including common causes, liability factors, and the types of injuries typically sustained. This experience positions them to navigate your case more effectively, offering insights and strategies tailored to the specific nuances of motorcycle accidents.

Track Record of Successful Settlements or Verdicts

Reviewing a lawyer's track record is another crucial step in assessing their capabilities. A history of successful settlements or favorable verdicts in personal injury cases, especially those related to motorcycle accidents, is a testament to their effectiveness. It shows their ability to navigate the complexities of legal proceedings, negotiate effectively, and secure positive outcomes.

Having a legal professional with a proven track record instills a sense of trust in their ability to handle your case effectively. This established history of success boosts your confidence in their skills and experience and provides considerable peace of mind.

Communication and Accessibility

Effective communication will also be critical. Choosing a lawyer prioritizing clear communication and accessibility ensures you'll be well-informed throughout the legal process.

A responsive and communicative lawyer will answer your questions, address your concerns, and provide updates on your case's progress. A motorcycle accident attorney who maintains an open line of dialogue will relieve great stress.

When your attorney maintains transparency throughout the legal process, openly communicating with you about the various aspects of your case, it fosters trust. It significantly contributes to a smoother and more effective resolution of your motorcycle accident claim.

How Your Attorney Will Work for You

How Your Attorney Will Work for You I Motorcycle Accident

Understanding the role of a motorcycle accident attorney provides insight into the progression of your case. These are just a few steps your lawyer will take to increase your chances of obtaining fair representation.

Determining Fault

Establishing fault is a pivotal aspect of any personal injury case. Your lawyer will assess the available evidence to determine liability. This process thoroughly examines traffic laws, witness statements, accident reconstructions, and other pertinent details.

By diligently analyzing these factors, a lawyer identifies and strengthens your case against the at-fault party, increasing the likelihood of a favorable outcome.

Identifying All Liable Parties

Liability in motorcycle accidents may extend beyond the at-fault driver. Manufacturers responsible for defective motorcycle parts and entities accountable for maintaining road conditions can also face liability.

A skilled lawyer explores all potential avenues of liability to ensure comprehensive compensation for your losses. They pursue a more thorough and effective legal strategy by identifying all responsible parties.

Dealing with Insurance Companies

Working with the at-fault party's insurance company requires a strategic approach. Your motorcycle accident lawyer will use their experience to protect your interests.

An experienced legal representative will shield you from falling victim to an insurance company's tricks and harassment. By navigating the intricate communication process with insurers, lawyers work to secure a fair settlement that accurately reflects the damages you've incurred.

Filing a Claim With Your Insurance Provider

Filing a claim with your insurance carrier can be a complex process. A motorcycle accident lawyer can guide you through the necessary steps to ensure you receive the coverage you're entitled to.

Whether it involves understanding policy terms, gathering required documentation, or addressing potential challenges in the claims process, a lawyer's guidance streamlines the interaction with your insurance company. This guidance can ensure that you access the full benefits of your policy and don't have to deal with any unnecessary complexities.

What if Your Case Goes to Court?

What if Your Case Goes to Court I Motorcycle Accident

As noted earlier, your lawyer may recommend filing a lawsuit if negotiations fail to resolve your case fairly. This formal legal process provides a structured framework for presenting your case before a court.

Knowing what to expect may help ease any uncertainty regarding that process. Here's a detailed overview of the steps involved in a motorcycle accident trial, providing insights into the stages and proceedings you may encounter as your case unfolds.

Filing the Lawsuit

Lawyers initiate the lawsuit, outlining the legal basis for your claims and providing a straightforward narrative of the motorcycle accident's events. This step is crucial for pursuing a more comprehensive resolution when negotiations fall short.

Discovery Phase

The discovery phase is a critical part of the legal process, where both parties exchange information and evidence relevant to the case. Your lawyer will present all pertinent details, documents, and evidence. From witness testimonies to accident reconstructions, the discovery phase allows your legal team to strengthen your case by presenting compelling evidence supporting your claims.

Mediation or Settlement Conferences

Even if your motorcycle accident case ends in court, it's important to note that the two sides can still agree on compensation before the trial concludes.

Mediation is an alternative avenue for parties to resolve before going to court. A skilled lawyer facilitates these proceedings, working toward a fair settlement that meets your needs.

Through strategic negotiation and presentation of evidence, your attorney will aim to secure a satisfactory resolution for both parties, avoiding the need for a protracted trial process.

The Trial Process

If negotiations and mediation don't work, your motorcycle accident attorney will fight for your rights in court. They'll present the most compelling case, utilizing evidence, legal arguments, and their experience to seek a favorable verdict.

Trials involve several procedural steps, including opening statements, examination of witnesses, presentation of evidence, and closing arguments. Your lawyer will work to navigate this process with skill and precision, ensuring the court understands your case comprehensively.

Find Out More About Why You Need a Motorcycle Accident Lawyer

Please don't hesitate to contact a motorcycle accident attorney for more information. Knowing your case is in good hands, a skilled personal injury attorney in Las Vegas will give you peace of mind. The earlier you get in touch, the better your chances of realizing a positive outcome to your case.


Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.