Motorcycle Accident Attorney

Personal Injury Law

Experience always matters but it matters even more in motorcycle cases. The motorcycle accident attorney representing you is not a better motorcycle case lawyer because he or she is a biker. A lawyer is a better advocate for the biker because he or she has handled many motorcycle cases and knows the pitfalls of such cases.

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Motorcycle Accident Attorney

Cases for Motorcycle accidents present unique problems for bikers. This is why you need an experienced motorcycle accident attorney.

Both the public and insurance companies have unfounded prejudices against bikers. Often, bikers are viewed as risk taking thrill seekers. Some feel bikers are partly at fault for their own injuries because of the increased risk of riding a motorcycle.  There is also prejudice associated with head injuries to bikers not wearing helmets. Assumptions by the public and insurance companies that bikers tend to speed, race, and cut between cars cause extra hurdles for bikers to recover proper damages.

According to the Insurance Information Institute website, 2015 statistics for the USA were as follows:

  1. 4,976 people died in motorcycle crashes, up 8.3 percent from 4,594 in 2014, according to a National Highway Traffic Safety Administration (NHTSA) report.
  2. 88,000 motorcyclists injured, down 4.3 percent from 92,000 in 2014.
  3. Motorcyclists were 29 times more likely than passenger car occupants to die in a crash per vehicle mile traveled. Almost five times more likely to be injured.
  4. Motorcyclists accounted for 14 percent of all traffic fatalities. 4 percent of all people injured. 17 percent of all occupant (driver and passenger) fatalities. 4 percent of all occupants injured.
  5. There were 8.6 million motorcycles on the road.

 

Such statistics help create the misconception that bikers are at least in part responsible for their own injuries. Yet, there is no “LEGAL” basis for such a conclusion.

In Indiana, there is no law requiring adults to wear helmets. There are only a few laws giving additional street duties to bikers. Those laws are covered in training to get a motorcycle endorsement on the driver’s license.

Therefore, bikers need legal representation even more so than passenger vehicle occupants to get fair results. Certainly, there are instances where a biker takes a risk by his or her actions on the motorcycle. Those could result in fault being assessed to the biker.

Those actions might include:

  • Speeding
  • Racing
  • cutting recklessly between traffic
  • Violating other traffic laws.

However, those defenses must be proven, not assumed.

Every seasoned biker knows that motorcycles are both harder for motorists to see and often get disrespected by 4-wheel traffic.  Of the countless motorcycle accidents handled by Garrison Law Firm in over 40 years, most accidents happened because a 4-wheel motorist failed to keep a lookout for 2-wheel traffic. Far and away!

THE ANSWER

Experience always matters but it matters even more in motorcycle cases. The motorcycle accident attorney representing you is not a better motorcycle case lawyer because he or she is a biker. A lawyer is a better advocate for the biker because he or she has handled many motorcycle cases and knows the pitfalls of such cases.


THE PROBLEM

As the statistics prove, yes, bikers do typically get worse injuries than 4-wheel passengers.  However, it is not always the case that a biker must go to the ER by ambulance.

In fact, Garrison Law Firm has handled just as many minor injury motorcycle cases as death and serious injury cases.  It does not take much of an accident for a biker to sustain some injury.

The biggest problem we face as motorcycle accident lawyers in these cases are the ones where our client failed to seek prompt medical treatment.  The delay in treatment raises many questions with insurance companies.  Was the injury complained of really caused by the minor motorcycle accident?  In the case of an injury you cannot see, such as a sore neck or back, the insurance company will doubt there is any injury at all because it was not complained of to a medical provider until much later.

THE ANSWER

It is best to get immediate medical treatment as soon as the injury is noticed. This way there is a medical record close in time to the accident stating the nature of the injury and its cause being the motorcycle accident.


HOW LONG DOES IT TAKE TO PROCESS MY MOTORCYCLE ACCIDENT CLAIM?

This is a typical question we address in our first meeting with a client.

That first answer likely will not be a time frame measured in days, weeks, or months. Rather, it will be measured in stages of a case.  For example, if a biker is in the hospital when he or hires a lawyer, he or she may be in a prolonged period of recovery with continuing medical expenses, lost income, and pain and suffering. The value of a case cannot be determined without knowing how much the medical bills will be, how much lost income is incurred, whether there will be permanent injury and future ongoing treatment, and how painful of a recovery period.

If the client has finished treatment then the medical bills and records must be collected by your motorcycle accident attorney and reviewed. Lost income records must be collected. Also, permanent injury value must be determined before a total value can be considered. This evaluation process may take many weeks depending on how quickly medical providers and employers submit their records and how complicated the medical issues are to present in a demand package to the insurance company.


WHAT ABOUT MY MOTORCYCLE, WILL GARRISON LAW FIRM HELP ME GET TOP DOLLAR FOR IT?

The answer is, no.  Why? Generally, a motorcycle accident attorney cannot get you enough more money for your bike as it would cost to represent you to do so.  Economically, it just does not make sense to hire a lawyer for the property damage.  Garrison Law Firm can make a huge difference for you in your personal injury claim value but not for your property damage claim; the bike is worth what it is worth in a value book – we want you to be happy with the total result and that means you processing your property damage claim on your own with only helpful advice from Garrison Law Firm.

If you have been injured in a motorcycle accident you need a motorcycle accident attorney with the experience and knowledge to properly handle your case. Garrison Law Firm is ready to get to work for you.

CONTACT A MOTORCYCLE ACCIDENT ATTORNEY

Chris Garrison

Chris Garrison

Personal Injury Attorney

Greg Garrison

Greg Garrison

Personal Injury Attorney

Ashley Dayhuff

Ashley Dayhuff

Personal Injury Attorney

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