Motorcycle accident - Best lawyers

A motorcycle accident can be a traumatic and life-threatening event, and afterward, alongside the physical and psychological injury, you face complex legal challenges.

In such a situation, dealing with insurance companies, legal bureaucracy, and police investigations can be overwhelming. Understanding your rights and familiarity with the legal process are critical to receiving the maximum compensation you deserve. This article will provide you with comprehensive information about the legal field concerning motorcycle accidents, detail the relevant sub-areas, and explain how a lawyer specializing in the field can help you exhaust your rights in the best way possible.

Legal aspects of motorcycle accidents

Motorcycle accidents fall under several areas of law, and each case is complex and unique in its own right. The legal basis for compensation claims for road accidents, including motorcycle accidents, is the Motor Vehicle Insurance Law (Injured Parties) 1975 (Road Accident Law).

This law establishes a principle of absolute liability, meaning there is no need to prove fault by any of those involved in the accident to receive compensation. Every injured person is entitled to compensation from the insurance company of the vehicle in which they were traveling or were injured, whether it's a private motor vehicle, motorcycle, or other vehicle, regardless of the question of fault.

The central aspect of this legal field is tort claims. Tort is a legal field dealing with cases where damage is caused to a person or property, and its purpose is to restore the injured party to the state they were in before the damage was caused, through monetary compensation. In the case of a motorcycle accident, the tort claim will be based on bodily injuries caused to the rider or passenger, as well as property damage. Such a claim will be filed against the insurance company of the offending vehicle, or in certain cases, against a compensation fund ("Karnit") when the vehicle has no valid compulsory insurance or is unknown.

Sub-areas in motorcycle accident law

Alongside tort claims, motorcycle accidents relate to additional sub-areas of law. A skilled motorcycle accident lawyer will know how to navigate between the different areas to ensure your rights are preserved from every possible direction.

• Bodily injury and insurance: This is the central and most common area. It deals with claims against insurance companies, as mentioned above. The lawyer will help you collect the required medical documentation, assess the damage caused to you based on expert opinions, and negotiate with the insurance company to achieve maximum compensation. Compensation can include coverage of medical expenses, loss of earning capacity, pain and suffering, third-party assistance, and more.
• Property damage: This area deals with compensation for damage caused to the motorcycle itself. If the motorcycle was destroyed or partially damaged, this claim will be filed separately, usually against the insurance company of the offending vehicle. Here it's important to pay attention to small claims or manage negotiations correctly to receive the full value of the damage caused.
• Traffic laws: If the accident ended in criminal proceedings (for example, in case of reckless driving, drunk driving, or abandoning an injured person), then the motorcycle rider may find themselves facing a criminal claim from the police. In such a case, a criminal lawyer specializing in road accidents will enter the picture to represent you. They will assist you in investigations, hearings, and even in court, and will work to reduce the severity of charges as much as possible.
• National Insurance laws: In case of a road accident that is also a work accident (for example, an accident on the way to or from work), the injured person is entitled to file a claim against the National Insurance Institute. This claim can lead to receiving disability benefits or one-time payments. A skilled lawyer will know how to guide you through this process as well and submit the required forms and documents to exhaust your rights.

How can a motorcycle accident lawyer help you?

After a motorcycle accident, your mental and physical condition may be difficult. Instead of dealing alone with complex bureaucratic and legal systems, a lawyer specializing in the field can serve as your anchor.

1. Case assessment and evidence collection: The first step is to examine the case details. The lawyer will collect all relevant data: police report, witness details, medical documentation from the scene and hospital, photos from the scene, and any other document that can strengthen your claim. Professional and organized evidence collection is critical for building a strong and solid case.

2. Managing the legal case against insurance companies: From the moment you transfer handling to a lawyer, they become the liaison between you and the insurance companies. Insurance companies often try to reduce the compensation amount offered to the injured party, and in some cases even deny responsibility. The lawyer will manage the complex negotiations with them, ensure all data is submitted properly, and can threaten the insurance company with legal action if it doesn't offer a fair amount.

3. Legal consultation and guidance throughout the way: Beyond technical handling, the lawyer provides you with legal consultation throughout the entire process. They will explain your rights, the meaning of various steps, and possible implications. They will prepare you for police investigations, explain the claim process against the National Insurance Institute, and help you make informed decisions.

4. Court representation: If negotiations with the insurance company fail, the lawyer will file a lawsuit in court. They will represent you before the judge, present the evidence collected, and argue for your rights. In some cases, representation in traffic court may also be required. In such a case, a lawyer specializing in traffic laws, or a bodily injury lawyer with knowledge in this area, will work to reduce the severity of punishment imposed on you.

5. Accurate calculation of compensation: Calculating compensation in road accidents is complex and includes reference to numerous parameters, such as the disability rate determined for you, loss of income in present and future, medical expenses, third-party assistance, and more. An experienced lawyer knows how to accurately assess the compensation amount you're entitled to, so you don't agree to a settlement offer lower than what you deserve.

The question asked: Why choose specifically a motorcycle accident lawyer?

Many ask: "Do I specifically need a lawyer who specializes in motorcycle accidents or would a general bodily injury lawyer suffice?" The answer is: specialization in the field is critical. A lawyer specializing in motorcycle accidents understands the unique complexity of these cases. They are familiar with the medical risks unique to motorcycle riders, dealings with the licensing office, and the changing approaches of insurance companies toward riders. This experience allows them to present the case in a way that maximizes success chances.

• Risk awareness: Motorcycle riders are much more exposed to injuries compared to car drivers. A specialist lawyer knows how to correctly assess typical injuries, such as limb fractures, severe head injuries, spinal injuries, and "biker's knee" (knees injured in accidents). They will know how to direct you to appropriate specialists to obtain the best medical opinions.
• Dealing with stereotypes: Unfortunately, negative stereotypes exist toward motorcycle riders, and there are parties (like insurance companies) who will try to use them to reduce compensation. A professional lawyer will know how to repel these claims and present your case objectively, based solely on facts and evidence.

Impact of motorcycle accidents on criminal proceedings

Motorcycle accidents can lead not only to civil proceedings (compensation claims) but also criminal proceedings. If a serious accident occurred, the police may open a criminal investigation and file charges against one of those involved. In these cases, involvement of a criminal lawyer is essential.

Which cases will cause criminal proceedings?

• Reckless or negligent driving: If it's proven the accident was caused by reckless or careless driving.
• Drunk driving or driving under the influence of drugs: A particularly serious offense carrying heavy penalties.
• Abandoning injured persons (hit and run): When the driver flees the accident scene.
• Causing death by negligence: In case of a fatal accident.

How can a lawyer help?

• Representation in police investigation: A lawyer will accompany you in the investigation, advise you how to conduct yourself, and ensure your basic rights are preserved.
• Representation in traffic court: If charges are filed, the lawyer will represent you in court, try to reach a lenient plea agreement, and work to reduce punishment, which may include license revocation, fines, and even imprisonment.
• Preventing criminal record: In some cases, the lawyer may be able to work for case closure or reach an agreement that prevents a criminal record.

Important to remember: Criminal and civil proceedings are separate from each other, but there is a connection between them. For example, if the traffic court determines that a certain driver is guilty of causing the accident, this determination may affect the civil claim for compensation. Therefore, it's important that the lawyer handling your case be familiar with both areas.

Claim filing process: Step by step

After understanding the legal aspects and the importance of professional lawyer accompaniment, it's important to know the practical steps of the claim filing process. This understanding will help you prepare mentally and act in an organized and efficient manner.

Step 1: Document and evidence collection

Immediately after the accident, and with the help of a motorcycle accident lawyer, you should begin collecting all relevant documentation. These are critical documents that will serve as the basis for the claim:

• Medical documentation: Every medical document, starting from the ambulance report or first admission to the hospital, through visits to specialist doctors, physiotherapy treatments, medication purchases, assistive devices, and ending with medical summaries and medical opinions. It's important to maintain chronological order of all documents to present the damage caused to you in full.
• Certificates of lost work days: Medical certificates from the doctor, pay slips before and after the accident, certificates from the employer about absence, and any document that can prove the financial loss caused to you.
• Photos and videos: Photos of the accident scene, damage to the motorcycle, and your bodily injuries.
• Police report: Ensure the accident was reported to police and obtain a copy of the report.

Step 2: Filing claim with insurance company

After collecting documents, your lawyer will formally contact the insurance company of the vehicle involved in the accident (or your insurance company in case of a self-accident). They will attach the relevant medical and financial documentation and file an organized and reasoned claim. The insurance company will evaluate the case and examine the data, and may offer partial or full compensation payment.

Step 3: Appointment of medical experts

In many cases, the insurance company will challenge the disability determination or the extent of damage caused. In these cases, and to determine your disability rate, the court will appoint a medical expert on its behalf. This expert, according to the injury field (for example, orthopedist, neurologist), will examine you, review your medical documentation, and submit an opinion that will determine your permanent disability rate. This determination has decisive weight on the compensation amount you'll receive. It's important that your lawyer prepare you for the examination and know how to present your case to the expert in the best way.

Step 4: Negotiation management or court lawsuit

If the insurance company submitted an initial offer, your lawyer will examine it and negotiate with them. If the offer is insufficient, they will file a lawsuit in court. The goal is to reach maximum settlement that doesn't require you to conduct a long and expensive legal process, but if necessary, they will manage the legal case with full professionalism. Court hearings can include testimonies, cross-examinations, and submission of summaries.

Step 5: Receiving compensation

Upon completion of the process, whether in settlement or court judgment, you will receive financial compensation. The compensation is intended to cover the damages caused to you: pain and suffering, loss of earnings in past and future, medical expenses, third-party assistance (if required), special damages, and more.

Dangers of independent dealing with insurance companies

There's a tendency to think you can deal alone with insurance companies, especially if the damage seems small. However, this is a critical mistake that could cost you dearly. Insurance companies are commercial entities operating to reduce the payments they make.

Main risks:

1. Low settlement offers: The insurance company will often offer you a settlement amount significantly lower than what you deserve. In most cases, injured parties are unaware of the full extent of their rights and rush to agree.
2. Statute of limitations: Insurance companies can drag case handling until the case expires, and then you won't be able to sue them.
3. Documentation errors: The insurance company can misinterpret or use incorrect documentation to reduce compensation.

Therefore, accompaniment by a motorcycle accident lawyer is essential. They will protect your interests and ensure all rights due to you under law are exhausted.

Compensation value assessment: What's included in the calculation?

Calculating compensation for motorcycle accidents is a complex process, and a professional lawyer will know how to assess damage accurately to ensure you don't miss any component.

• Pain and suffering: Compensation for physical and mental suffering caused as a result of the accident. This amount is calculated based on medical disability, injured person's age, and nature of injury.
• Loss of earnings past and future: Compensation for days you couldn't work and potential future salary loss, especially if you were determined to have disability affecting earning capacity.
• Medical expenses: Coverage for all medical expenses incurred as a result of the accident, including medications, treatments, travel, and future treatments.
• Third-party assistance: Compensation for the need for basic help in daily activities, such as bathing, cooking, or cleaning, if the injury limits you.
• Special mobility expenses: In case of severe disability, compensation for purchasing a special vehicle, home modifications, or assistive devices.

Damage Assessment Table

LawReviews - Your opinions are worth gold

After reading the comprehensive information about the legal field in motorcycle accidents, you understand the importance of finding a professional and reliable lawyer. LawReviews allows you to make an informed decision through opinions of many clients who have already used lawyers' services. Come learn from others' experiences and choose the right lawyer for you.

If you are lawyers, our platform allows you to build a strong online reputation and expand your client base. Create a profile today, allow potential clients to find you easily by keywords, and expose the positive opinions of your previous clients. Expand your online presence and join LawReviews' professional lawyer community.