Your motorcycle and any other personal property damaged in the accident are also compensable. You can recover the cost of repairing or replacing your bike, helmet, and other damaged gear. In some cases, if your motorcycle was totaled, you can claim the fair market value of the vehicle before the accident.
In some cases, family members, particularly spouses, might be entitled to damages for ‘loss of consortium.’ This refers to the negative impact the accident has had on your relationships, like a diminished ability to show affection, companionship, or participate in family activities. While this type of damage isn’t as common, it can still be a significant part of the overall compensation package in cases involving serious, life-altering injuries.
Punitive Damages
If the at-fault party’s conduct was particularly reckless or egregious, like
drunk driving or engaging in dangerous behavior, a claimant may be awarded punitive damages. These damages are meant to punish the wrongdoer and deter similar behavior in the future. While punitive damages are less common, they can significantly increase the total amount of compensation you receive.
Ways Herron Law Can Help
Herron Law plays a key role in providing clients with legal representation. Our lawyers also support families or survivors of those who have died due to the negligence or misconduct of another party during a motorcycle accident. Our key responsibilities include:
Case Evaluations:
- Free Initial Consultation: Your motorcycle accident attorney will offer a free 30-minute consultation to understand the case details and determine its validity under wrongful death laws.
- Legal Advice: Herron Law will offer legal advice on the merits of a case, potential outcomes, and the steps involved in pursuing legal action.
Investigation:
- Gathering Evidence: Our attorney gathers evidence, including medical records, witness statements, and any other documentation that can prove negligence or wrongdoing.
Expert Consultation:
- Working with Specialists: If needed, one of our attorneys will consult with forensic experts, medical professionals, and accident reconstruction analysts to strengthen your case going forward.
Filing the Lawsuit:
- Preparation of Legal Documents: The motorcycle accident attorney prepares and files the necessary legal documents to begin any claims.
- Court Representation: If a trial is necessary, the attorney will represent you, presenting any evidence and arguing the case before a judge.
Settlement Negotiation:
- Negotiating with Defendants: If there are any defendants involved in your motorcycle accident claim, we will negotiate with their insurance companies or use the court to reach a fair, legal settlement.
Who Can I Sue in a Motorcycle Accident Case?
In a motorcycle accident case, determining who you can sue depends on who was responsible for the crash. The most common party is the at-fault driver, whose negligence — like speeding, distracted driving, or violating traffic laws — might have caused the accident. In some cases, other liable parties might include:
- Manufacturers of a defective motorcycle part.
- Government entities responsible for dangerous road conditions.
- Businesses that served alcohol to a visibly intoxicated driver who caused the crash.
A thorough investigation is necessary to identify all responsible parties, and an experienced motorcycle accident attorney can help you pursue claims against any individual or entity whose negligence contributed to your injuries.
What Evidence is Needed for a Motorcycle Accident Claim?
Below are some key elements that are important to establish a solid claim after a motorcycle accident:
Duty of Care
The first element in any personal injury claim is establishing that the defendant owed you a
duty of care. Drivers, cyclists, and motorcyclists all have a legal obligation to operate their vehicles safely and follow traffic laws to protect others on the road.
For example, a driver has a duty to obey speed limits, stop at red lights, and yield the right of way to cyclists and motorcyclists. This evidence can be established through:
- Witness statements.
- Traffic laws and regulations.
- Industry standards and safety codes.
- Proof of foreseeability.
Breach of Duty
After establishing that the defendant owed you a duty of care, the next element is showing that they then
breached that duty. A breach occurs when the defendant fails to act with the level of care that a reasonable person would under similar circumstances. Examples of breach of duty in motorcycle accidents may include:
- Speeding or reckless driving.
- Failing to check blind spots before turning or changing lanes.
- Running a stop sign or red light.
- Distracted driving (e.g., texting while driving).
- Failing to yield to a motorcycle at an intersection.
- Opening a car door into a motorcyclist’s path.
- Driving under the influence of alcohol or drugs.
Causation
The third legal element is
causation, which means you must prove that the defendant’s breach of duty
directly caused your injuries. This requires showing that the accident would not have occurred if the defendant had acted responsibly. In other words, you must demonstrate that your injuries were a direct result of the accident caused by the defendant’s negligence — like failing to yield or running a red light — which led to the collision. This can be proved through:
- CCTV footage.
- Dash cam footage.
- Accident scene photographs.
How Much Does It Cost to Hire a Motorcycle Accident Attorney?
The cost of hiring a lawyer for a motorcycle accident claim typically depends on the type of fee arrangement. Most attorneys work on a contingency fee basis. This means you won’t have to pay any upfront fees — instead, your lawyer will receive a percentage of the settlement or court award, usually between 25% to 40%, depending on the complexity of the case and whether it goes to trial.
If the claim is successful, the attorney’s fees will be deducted from the final compensation. However, if the case is not won, you typically won’t owe any legal fees, making it a risk-free way to pursue your claim.
Always ensure you fully understand the fee structure before signing an agreement.
Why Do I Need to Hire a Lawyer After a Motorcycle Accident?
It’s important to look for an experienced motorcycle accident attorney, like Herron Law, who has experience handling your type of
motorcycle accident injury claim. This is because insurance companies tend to prefer settling cases with lawyers rather than face long, drawn-out, and costly trials.
Meet with your lawyer to discuss your case before hiring them. If you like your attorney, there’s a high chance the jurors probably would too. Having several choices of bike accident lawyers ready will increase your chances of securing legal representation and avoiding a scheduling conflict.
Awards & Associations
At Herron Law, we are dedicated to our clients. We were voted one of the top 100 personal injury lawyers and top 25 attorneys in Oregon, 2016 – 2024, by the National Trial Lawyers Association.
Our other awards include:
- 2015 Best Client Satisfaction Award (American Institute of DUI/DWI Attorneys).
- 2015 Premier Trial 100 Attorneys Oregon (American Academy of Trial Attorneys).
- 2015 Nationally Ranked Superior DUI Attorney (NAFDD).
- Oregon’s 10 Best Client Satisfaction Award (American Institute of DUI/DWI Attorneys).
Frequently Asked Questions (FAQs)
If you’re hit by an uninsured driver, you have several options. First, you can file for uninsured motorist coverage with your own insurance. Next, you can use personal injury protection for any medical expenses and sue for legal action against the uninsured driver. If the collision is small, superficial, and nobody has been hurt, it may be possible to discuss payment with the driver directly.
If you’re partially at fault for a motorcycle accident in Oregon, your compensation might be reduced based on your share of the liability. Oregon follows a modified comparative negligence rule. This means you can still recover damages as long as you’re not more than 50% at fault.
In Oregon, riders are required to wear a helmet while operating a motorcycle. All motorcyclists and their passengers must wear DOT-approved headgear. Failing to do so will result in fines, as well as an increased risk of injury in an accident.
In Oregon, lane splitting is illegal. The state law prohibits motorcyclists from riding between lanes of traffic or using the space between vehicles in adjacent lanes.
Determining liability in a motorcycle accident often involves examining elements like traffic laws, the actions of both parties, and eyewitness accounts. Insurance companies and legal experts will analyze information like recent accident reports and photographs.
During your free thirty-minute consultation, it’s important to ask your lawyer about their experience with similar cases, their approach to handling cases, and the estimated timelines, potential fees, and outcomes of your specific claim.
There are pros and cons for both settlements and trials. Settlements often offer quicker resolutions, lower legal costs, and compensation certainty. However, trials offer potentially larger payouts from more serious damages and public accountability for the offender. They often come with higher associated costs and are a longer process.
To get a police report for your motorcycle accident, you’ll need to contact the law enforcement agency that responded to the scene. You’ll need to provide details like the date, location, and any involved parties. Many agencies allow online requests, while others may require you to visit in person or submit a written request.
It’s recommended to hire a lawyer for any motorcycle accident where you’ll need to understand your rights, negotiate with insurance companies, or ensure you receive fair compensation. If it is unclear who is liable, then hiring a skilled lawyer is a must.
Contact us today to schedule a free 30-minute consultation.
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