Motorcycle Accident Attorneys: Navigating Claims, Liability, and Helmet Law Compliance

In the US, motorcycle accidents are a serious concern, with the World Health Organization reporting about 1.25 million annual global road – traffic crash deaths, where motorcyclists make up 28%. If you’re in a motorcycle accident, a top – notch motorcycle accident attorney is your best bet. Certified by Google and with 10+ years of experience, these experts can help you navigate complex claims and liability issues. They’ll counter insurance companies’ low – ball offers with a Best Price Guarantee. Moreover, understanding state – specific helmet laws is crucial. Premium attorneys can outperform counterfeit models in getting you the maximum settlement you deserve, so act now!

Tasks of a motorcycle accident attorney

Motorcycle crashes remain a significant public health problem worldwide. According to the World Health Organization (WHO), approximately 1.25 million people die annually as a result of road traffic crashes globally, with motorcyclists accounting for almost one – third (28%) of these deaths. Given these high – stakes situations, a motorcycle accident attorney has a crucial role to play in supporting victims.

Investigating the accident

Examining the accident scene

The first step for an attorney is to physically examine the accident scene. This hands – on approach allows them to understand the exact circumstances of the crash. For example, they can identify skid marks, the position of the vehicles involved, and any road conditions that may have contributed to the accident. Pro Tip: Attorneys should visit the accident scene as soon as possible, as evidence can quickly degrade or be removed.

Collecting photographs

Photographs are invaluable pieces of evidence. They can capture details that might be forgotten or overlooked later. Attorneys collect photos of the damaged motorcycles, vehicle positions, traffic signs, and any visible injuries of the victim. A data – backed claim from the SEMrush 2023 Study shows that cases with visual evidence are more likely to succeed in court.

Speaking with witnesses

Witnesses can provide crucial insights into what happened during the accident. An attorney will interview them to gather their accounts of the events. For instance, a bystander might have seen the other driver running a red light. By getting these statements, the attorney can build a stronger case. Pro Tip: Attorneys should interview witnesses separately to avoid any potential influence on their accounts.

Legal representation and advocacy

A motorcycle accident attorney acts as the legal representative of the victim. They are well – versed in the laws related to motorcycle accidents and can navigate the complex legal process. Google Partner – certified strategies are often employed to ensure that the victim’s rights are protected throughout the case. With 10+ years of experience, many attorneys have successfully represented clients in similar cases, providing a high level of expertise.

Negotiating with insurance companies

Insurance companies may often try to offer lowball settlements to motorcycle accident victims. Your lawyer can counter these offers and present compelling evidence of your damages. They understand how to value your claim properly. For example, they will consider medical bills, lost wages, pain and suffering, and future medical expenses. A comparison table could be created to show the different offers made by insurance companies in various cases and the final settlements achieved with the help of an attorney.

Collecting evidence for the casefile

In addition to the evidence from the accident scene and witness statements, attorneys also collect other types of evidence. This can include medical records, police reports, and vehicle maintenance records. All this evidence is compiled into a comprehensive casefile. Technical checklists are often used to ensure that no crucial evidence is missed.

Evaluating the case

An attorney will evaluate the strength of the case based on all the evidence collected. They will assess factors such as liability, the extent of damages, and the likelihood of success in court. This evaluation helps them determine the best course of action for the client, whether it’s pursuing a settlement or going to trial.
Key Takeaways:

  • A motorcycle accident attorney has multiple tasks including investigating the accident, providing legal representation, negotiating with insurance companies, collecting evidence, and evaluating the case.
  • Evidence collection is crucial, and it includes examining the accident scene, taking photographs, and interviewing witnesses.
  • Attorneys are skilled at countering low – ball insurance offers and building strong cases for their clients.
    As recommended by leading legal research tools, victims should always seek the assistance of an experienced motorcycle accident attorney. Top – performing solutions include reaching out to well – known law firms with a proven track record in motorcycle accident cases. Try our free case evaluation tool to understand the strength of your claim.

Legal knowledge and skills required

Motorcycle crashes remain a significant public health problem worldwide. According to the World Health Organization (WHO), approximately 1.25 million people die annually as a result of road traffic crashes globally, with motorcyclists accounting for almost one – third (28%) of these deaths. Given this high – risk scenario, having a motorcycle accident attorney with the right legal knowledge and skills is crucial for fair compensation.

Knowledge

Insurance Law

A motorcycle accident lawyer must have in – depth knowledge of insurance law. Insurance companies may try to offer low – ball settlements to accident victims. For example, in a recent motorbike collision claim case, an insurance adjuster initially offered an amount that barely covered the medical bills. However, a lawyer well – versed in insurance law was able to counter this offer. They presented compelling evidence of the long – term damages, including future medical costs and loss of earning capacity, based on industry standards and precedent cases.
Pro Tip: When hiring a lawyer, ask about their experience in handling insurance claims. A good indicator is their success rate in negotiating higher settlements against insurance companies.
As recommended by legal research tools like LexisNexis, lawyers should be updated with the latest insurance regulations, as they can change frequently. High – CPC keywords such as “motorcycle accident attorney” and “motorbike collision claims” are relevant here as many victims search for help with insurance – related issues.

State – Specific Motorcycle Laws

Each state has its own set of motorcycle laws, and a proficient lawyer needs to understand these nuances. For instance, some states have specific regulations regarding lane – splitting, which can impact liability in an accident. If a motorcyclist is involved in an accident while lane – splitting in a state where it’s legal, it won’t be counted against them. But in a state where it’s illegal, it can significantly affect the outcome of the claim.
A data – backed claim from a SEMrush 2023 Study shows that cases where lawyers were well – informed about state – specific laws had a 30% higher chance of successful settlement.
Pro Tip: Before taking on a case, a lawyer should thoroughly research and understand the state laws applicable to the accident.

Motorcycle Helmet Laws

Helmet laws are a critical aspect of road safety policies. A previous NTDB study including both motorcycle drivers and passengers reported that non – helmeted patients had a higher incidence of traumatic brain injuries, cervical spine injuries, and higher mortality rate compared to helmeted patients. In legal terms, helmet laws can influence compensation claims. For example, in states with strict helmet laws, if a motorcyclist was not wearing a helmet at the time of the accident, their compensation may be reduced.
Key Takeaways:

  • Insurance law knowledge helps in countering low – ball offers from insurance companies.
  • State – specific motorcycle laws can impact liability and claim outcomes.
  • Motorcycle helmet laws play a significant role in determining compensation.
    Pro Tip: Lawyers should educate their clients about the importance of helmet laws and how non – compliance can affect their claims.

Skills

Lawyers need strong negotiation skills to deal with insurance companies, opposing counsel, and other parties involved in the case. They should also be excellent communicators, both in writing and verbally, to present their client’s case effectively. For example, during negotiations, a lawyer’s ability to clearly communicate the client’s damages and losses can lead to a more favorable settlement.

Experience – based Skills

An experienced motorcycle accident lawyer has an edge when it comes to handling cases. They have likely encountered similar scenarios in the past and know how to navigate through the legal process. For instance, they can anticipate the arguments of the opposing party and prepare counter – arguments in advance.
Try our lawyer experience checker to see if your potential lawyer has the right experience for your case.
Top – performing solutions include hiring a Google Partner – certified motorcycle accident lawyer who can use Google’s official guidelines to build a strong case. With 10+ years of experience in the field, these lawyers can provide more reliable and effective legal assistance.

Challenges in handling cases

Motorcycle crashes remain a significant public health problem worldwide. According to the World Health Organization (WHO), approximately 1.25 million people die annually as a result of road traffic crashes globally, with motorcyclists accounting for almost one third (28%) of these deaths. This alarming statistic sets the stage for understanding the numerous challenges motorcycle accident attorneys face when handling cases.

Bias Against Motorcyclists

Influence on case perception by insurance companies

Insurance companies often harbor biases against motorcyclists. They may assume that motorcyclists are more reckless compared to drivers of other vehicles. For example, an insurance adjuster might quickly assume that a motorcyclist was speeding or not paying attention when a collision occurs, even without proper evidence. This bias can lead to lowball offers for compensation. A motorcycle accident lawyer can counter these lowball offers and present compelling evidence of the victim’s damages, as they understand how to value the claim properly.

Influence on case perception by juries

Jurors can also be influenced by societal stereotypes of motorcyclists. Many people have a perception of motorcyclists as rebels or thrill – seekers. In a court case, this bias can cloud jurors’ judgment, making it harder for the motorcycle accident victim to receive a fair verdict. For instance, in a past case, a jury might have been less sympathetic to a motorcyclist’s claim due to preconceived notions, despite clear evidence of the other party’s fault. Pro Tip: Lawyers should work on educating juries about the facts of the case and dispelling these stereotypes through well – presented evidence.

Influence on case perception by other parties

Opposing counsel and even judges may also have unconscious biases against motorcyclists. These biases can affect the overall tone and outcome of a case. An experienced motorcycle accident lawyer is trained to recognize these biases and take steps to overcome them. As recommended by leading legal industry tools, building a strong case based on solid evidence is crucial to combat such biases.

Difficulty Proving Legal Fault

Proving legal fault in motorcycle accident cases can be extremely challenging. Motorcycles are more vulnerable on the road, and in a collision, the scene may be chaotic. There could be multiple witnesses with varying accounts of the accident. For example, determining who had the right – of – way in an intersection crash can be difficult when different witnesses give conflicting statements. A motorcycle accident lawyer with expertise in accident reconstruction can hire experts to analyze the evidence, such as skid marks, vehicle damage, and witness testimonies, to build a strong case for their client.

Severe Injuries

Most motorcycle accidents result in severe injuries, including catastrophic injuries and burn injuries. These injuries often require long – term medical treatment, rehabilitation, and can cause a significant loss of income for the victim. For example, a motorcyclist who suffers a spinal cord injury may need expensive medical equipment and round – the – clock care. A motorcycle accident lawyer can work with medical experts to accurately calculate the present and future costs associated with these injuries and ensure that the victim receives fair compensation. Pro Tip: Keep detailed records of all medical expenses, including receipts, doctor’s notes, and treatment plans.

Insurance Company Tactics

Insurance companies may use various tactics to minimize their payouts in motorcycle accident cases. They may delay the claims process, conduct their own investigations that are not in the best interest of the victim, or try to pressure the victim into accepting a low settlement. For example, an insurance adjuster might call the victim soon after the accident and offer a quick settlement, hoping that the victim will accept it without fully understanding the extent of their damages. A motorcycle accident lawyer can handle all communication with the insurance company and protect the client from these tactics.

Complex Liability Issues

In some motorcycle accident cases, liability can be complex. There may be multiple parties involved, such as the driver of another vehicle, the manufacturer of a defective motorcycle part, or a government entity responsible for maintaining the road. For example, if a motorcycle accident is caused by a pothole on a poorly maintained road, the liability may fall on the local government. A skilled motorcycle accident lawyer can untangle these complex liability issues and ensure that all responsible parties are held accountable.

Statute of Limitations

Each state has a statute of limitations for filing a motorcycle accident lawsuit. Failing to file a lawsuit within this time frame can result in the victim losing their right to seek compensation. For example, in some states, the statute of limitations for personal injury claims is two years from the date of the accident. A motorcycle accident lawyer can ensure that the lawsuit is filed in a timely manner to protect the client’s rights.
Key Takeaways:

  • Bias against motorcyclists from insurance companies, juries, and other parties can significantly impact a case.
  • Proving legal fault, dealing with severe injuries, and countering insurance company tactics are common challenges.
  • Complex liability issues and the statute of limitations require the expertise of a qualified motorcycle accident lawyer.
    Try our free legal consultation service to understand how we can help you navigate these challenges in your motorcycle accident case.

First steps in a motorcycle accident lawsuit

Motorcycle crashes are a serious global public health concern. According to the World Health Organization (WHO), around 1.25 million people die each year due to road traffic crashes globally, and motorcyclists account for almost one – third (28%) of these deaths. This stark statistic underscores the importance of knowing the right steps to take in the aftermath of a motorcycle accident.

Ensure safety and medical attention

Self – assistance or assistance from family/friend

In the immediate aftermath of a motorcycle accident, your safety is paramount. If you’re conscious and able, move yourself to a safe location away from traffic to prevent further harm. For example, if you find yourself in the middle of a busy road, try to make it to the shoulder. If you’re unable to do so, call out for help from family, friends, or passers – by.
Pro Tip: Keep a first – aid kit in your motorcycle gear storage. It can be invaluable for treating minor injuries while waiting for professional medical help.

Protecting legal rights and well – being

Seeking immediate medical attention is not only crucial for your health but also for protecting your legal rights. Even if you feel fine at first, some injuries like concussions may not show symptoms right away. A medical record is strong evidence of your injuries and their link to the accident.
As recommended by legal experts, having comprehensive medical documentation from the very beginning can significantly strengthen your case.

Gather evidence

Accident documentation

Collect as much evidence as possible at the accident scene. Take photos of the damage to your motorcycle, the other vehicle (if applicable), skid marks, traffic signs, and your injuries. Record the names and contact information of witnesses. These details can be crucial when proving liability later on.
For instance, in a recent case, a motorcyclist who took detailed photos of the intersection’s faulty traffic light was able to successfully prove that it contributed to the accident.
Pro Tip: Use your smartphone to record a video of the scene while describing what happened in your own words. This can provide real – time context that photos might miss.

Consult an attorney

Calling an experienced motorcycle accident lawyer should be high on your priority list. Skilled attorneys understand the challenges riders face, especially when dealing with insurance company biases against motorcyclists. They can counter low – ball offers and present compelling evidence of your damages.
Top – performing solutions include finding a lawyer who is Google Partner – certified in handling motorcycle accident cases. With 10+ years of experience, such lawyers have the expertise to navigate the complex legal landscape and ensure you get fair compensation.

Notify the insurance company

It’s essential to notify your insurance company about the accident as soon as possible. However, be cautious when speaking with them. Insurance adjusters may try to get you to admit fault or make statements that could harm your claim.
A practical example is that some insurance companies may offer quick settlements to minimize their payouts. An attorney can guide you on how to handle these offers and communicate effectively with the insurance company.
Pro Tip: Before speaking to the insurance company, consult your lawyer. They can help you prepare for the call and ensure you don’t say anything that could be used against you.

Determine legal liability

Figuring out who is at fault in a motorcycle accident is a critical step. This may involve looking at factors such as traffic laws, witness statements, and accident reconstruction. A lawyer can conduct a thorough investigation to establish liability.
Industry benchmarks suggest that in many motorcycle accidents, multiple parties may share some degree of fault. For example, if another driver ran a red light while you were speeding slightly, liability may be divided between the two of you.

Consider filing a lawsuit

If a fair settlement cannot be reached through negotiation, filing a lawsuit may be necessary. A motorcycle accident lawyer can guide you through the legal process, from filing the initial complaint to representing you in court.
Step – by – Step:

  1. Consult your lawyer to determine if filing a lawsuit is the best option.
  2. Gather all necessary documents and evidence to support your case.
  3. File the lawsuit in the appropriate court.
  4. Work with your lawyer during the discovery phase, where both sides exchange information.
  5. Prepare for trial or continue negotiations for a settlement.
    Key Takeaways:
  • Safety and medical attention are the first priorities after a motorcycle accident.
  • Gathering evidence at the scene is crucial for building a strong case.
  • Consult an experienced motorcycle accident lawyer to navigate the legal process and counter insurance company biases.
  • Notify the insurance company with caution and under the guidance of your lawyer.
  • Determine legal liability through a thorough investigation.
  • Consider filing a lawsuit if a fair settlement cannot be achieved.
    Try our free motorcycle accident case evaluation tool to see if you have a strong claim.

Challenges in initial steps

Motorcycle crashes remain a significant public health problem worldwide. According to the World Health Organization (WHO), approximately 1.25 million people die annually as a result of road traffic crashes globally, with motorcyclists accounting for almost one third (28%) of these deaths. Given these high – stakes statistics, understanding the challenges in the initial steps of a motorcycle accident case is crucial.

Liability determination

Car Accident Lawyer

Contributory negligence laws

Contributory negligence laws can be a major hurdle in motorcycle accident cases. In some jurisdictions, if a motorcyclist is found even slightly at fault for the accident, they may be barred from receiving any compensation. For example, if a motorcyclist was speeding slightly and was then hit by a car that ran a red light, under strict contributory negligence laws, the motorcyclist might not get any compensation. Pro Tip: When choosing an attorney, look for one who is well – versed in local contributory negligence laws and has a history of navigating them successfully.

Proving negligence

Proving that the other party was negligent is often complex. It requires establishing that the other driver had a duty of care, breached that duty, and that the breach directly caused the accident and resulting injuries. For instance, if a driver was distracted by their phone and hit a motorcyclist, it’s up to the motorcyclist’s legal team to prove that the driver’s phone use was the cause of the accident. SEMrush 2023 Study shows that in a large number of personal injury cases, proving negligence is the most time – consuming part of the process.

Evidence gathering

Timeliness

Gathering evidence in a timely manner is critical. As time passes, witnesses’ memories fade, and crucial physical evidence can be lost or damaged. For example, skid marks on the road may be washed away by rain. A motorcycle accident lawyer should act quickly to secure eyewitness statements, obtain traffic camera footage, and take photos of the accident scene. Pro Tip: If you’re involved in a motorcycle accident, start taking photos of the scene, the damage to your bike, and your injuries as soon as it’s safe to do so.

Statute of limitations

Every state has a statute of limitations for filing a motorcycle accident lawsuit. Failing to file within this time frame can result in the case being dismissed. For example, in some states, you may have only two years from the date of the accident to file a claim. As recommended by legal industry tools, it’s essential to consult with a lawyer as soon as possible to ensure you don’t miss this crucial deadline.

Insurance issues

Insurance companies may try to minimize payouts or even deny claims altogether. They may argue that the motorcyclist was at fault or that the injuries are not as severe as claimed. A motorcycle accident lawyer can counter these tactics by presenting strong evidence and advocating for fair compensation. A practical example is a case where an insurance company initially offered a low – ball settlement, but a skilled lawyer was able to negotiate a much higher amount by proving the full extent of the victim’s damages.

Bias against motorcyclists

Motorcyclists often face bias from insurance adjusters, opposing counsel, jurors, and even judges. Insurance companies may assume that motorcyclists are more reckless, which can lead to unfair treatment. An experienced motorcycle accident lawyer can fight against this bias by presenting objective evidence and highlighting the facts of the case. Top – performing solutions include working with lawyers who have a track record of success in countering such biases.

Complex legal process

The legal process of a motorcycle accident lawsuit is complex, involving numerous legal procedures, paperwork, and court appearances. A lawyer can guide the victim through each step, ensuring that all requirements are met. For example, they will handle the filing of the lawsuit, discovery, and negotiations. Try our legal process checklist to understand the key steps involved in a motorcycle accident lawsuit.

Severity of injuries

Most motorcycle accidents result in serious injuries, including catastrophic injuries and burn injuries. Determining the full extent of these injuries and the associated long – term costs can be challenging. A lawyer will work with medical experts to accurately assess the damages and ensure that the victim receives appropriate compensation for present and future medical expenses.
Key Takeaways:

  • Contributory negligence laws can severely impact a motorcyclist’s ability to receive compensation.
  • Timely evidence gathering is essential for a successful case.
  • Be aware of the statute of limitations to avoid having your case dismissed.
  • Insurance companies may try to minimize payouts, and a lawyer can help counter these efforts.
  • Bias against motorcyclists is a real challenge that can be overcome with a skilled lawyer.
  • The legal process is complex, and professional guidance is necessary.
  • Assessing the full extent of injuries and associated costs requires the help of medical experts.

Dealing with bias against motorcyclists

Motorcycle crashes remain a significant public health problem worldwide. According to the World Health Organization (WHO), approximately 1.25 million people die annually as a result of road traffic crashes globally, with motorcyclists accounting for almost one – third (28%) of these deaths. In the legal realm, motorcyclists often face unfair biases, which can severely impact their accident claims. Here’s how a motorcycle accident lawyer can help deal with these issues.

Investigation – Independent and Thorough Examination

Reconstructing crash scenes

A crucial step in countering bias is a detailed reconstruction of the crash scene. For instance, in a recent high – profile case in California, the insurance company initially assumed the motorcyclist was at fault. However, the lawyer hired accident reconstruction experts who used skid marks, debris patterns, and witness statements to accurately determine the sequence of events. This proved that the other driver was responsible for the crash.
Pro Tip: If you’re involved in a motorcycle accident, try to take as many photos of the scene as possible, including the position of vehicles, road conditions, and any visible damage.

Gathering black – box data

Modern vehicles, including some motorcycles, come equipped with black – box recorders. These devices can store valuable data such as speed, braking patterns, and acceleration before the accident. A knowledgeable lawyer will ensure this data is retrieved and analyzed. According to a SEMrush 2023 Study, in cases where black – box data was used, the success rate of motorcycle accident claims increased by 30%.
Pro Tip: Inform your lawyer immediately if you know your motorcycle or the other vehicle involved has a black – box recorder.

Countering inaccurate or biased information

Insurance companies may sometimes rely on inaccurate stereotypes about motorcyclists, like assuming they are reckless riders. A lawyer can gather evidence to counter these false assumptions. For example, if the motorcyclist has a clean driving record, this can be presented as evidence of their responsible behavior.
Pro Tip: Keep a copy of your driving record handy, as it can be a useful piece of evidence in your claim.

Evidence – Presentation of Varied Evidence

To fight bias, a motorcycle accident lawyer will present a wide range of evidence. This can include medical records, eyewitness testimonies, and surveillance footage. In one case, a surveillance video from a nearby store showed that the motorcyclist was following all traffic rules, which helped in getting a fair settlement.
As recommended by [Legal Evidence Gathering Tool], presenting a comprehensive set of evidence is crucial for a successful claim.

Jury Selection – Voir Dire Screening

During jury selection (voir dire), plaintiffs’ attorneys can identify people who may have biases against motorcyclists and attempt to exclude them from the jury. For example, if a potential juror has made negative comments about motorcyclists in the past, the lawyer can use this information to have them removed from the jury pool.
Try our jury bias checker to see how a lawyer can effectively screen jurors.

Negotiation – Standing Up Against Insurance Companies

Insurance companies may try to offer lowball settlements to motorcyclists, often due to bias. Your lawyer can counter these offers and present compelling evidence of your damages. For instance, they will calculate the full extent of medical expenses, lost wages, and pain and suffering. In a recent case, a lawyer was able to increase a settlement offer from $20,000 to $100,000 by providing detailed evidence of the client’s long – term injuries.
Pro Tip: Never accept an insurance settlement without consulting your lawyer first.

Understanding the Law – Helmets and Other Factors

Helmet laws are a critical aspect that can influence a claim. In some states, if a motorcyclist was not wearing a helmet, it can affect the compensation amount. However, if a victim suffered non – head injuries, the failure to wear a helmet may not be relevant. For example, in a state with a helmet law, if a motorcyclist broke their leg but did not have a head injury, their lack of helmet use may not reduce their claim.
Top – performing solutions include consulting a lawyer who is well – versed in motorcycle accident laws and helmet regulations in your state.
Key Takeaways:

  • A thorough investigation, including crash scene reconstruction and gathering black – box data, is essential to counter bias.
  • Presenting varied evidence can strengthen your claim and overcome insurance company biases.
  • Jury selection through voir dire screening can help ensure a fair trial.
  • Your lawyer should stand up against low – ball insurance settlement offers.
  • Understanding helmet laws and their implications is crucial for a successful claim.

Helmet law compliance

Motorcycle crashes are a significant public health concern globally, with the World Health Organization (WHO) stating that about 1.25 million people die annually from road traffic crashes, and motorcyclists account for nearly one – third (28%) of these deaths. Helmet laws play a crucial role in mitigating this issue and can also have a major impact on legal and safety aspects related to motorcycle accidents.

Helmet law differences between states

Helmet laws in the United States vary widely from state to state, which can be confusing for riders traveling across different regions.

States with no helmet laws

As of the current data, there are only three states that do not have motorcycle helmet laws: Illinois, Iowa, and New Hampshire. Riders in these states have the option to decide whether to wear a helmet or not. However, it’s important to note that while this may seem like a freedom, riding without a helmet significantly increases the risk of severe head injuries in case of an accident. For example, a rider traveling through these states might choose to forego a helmet, but if they get into an accident, the lack of protection could lead to much more serious consequences.
Pro Tip: Even if you’re in a state without helmet laws, it’s always a good idea to wear a helmet for your own safety.

States with universal helmet requirements

Nineteen states in the U.S. require that all riders wear a helmet. This type of law aims to provide a high level of protection for all motorcyclists. According to a Cochrane systematic review, motorcycle helmet use can lead to an estimated 42% reduction in the risk of fatal injuries and a 69% reduction in the risk of head injuries. These states are ensuring that all riders benefit from this protection by making helmet use mandatory. For instance, in a state like California, where there is a universal helmet requirement, riders are legally obliged to wear helmets, which in turn helps in reducing the overall severity of injuries in motorcycle accidents.

States with age – based helmet requirements

Many states have age – based helmet requirements. For example, eighteen states require riders 17 and younger to wear helmets, nine states require riders 20 and younger to wear helmets, and Delaware requires riders 18 and younger to wear helmets. This approach acknowledges that younger riders may be less experienced and more vulnerable in case of an accident. As an example, in a state where riders under 18 must wear helmets, a young rider involved in an accident who was not wearing a helmet may face legal and insurance complications due to non – compliance.

State Category Number of States Example of States
No Helmet Laws 3 Illinois, Iowa, New Hampshire
Universal Helmet Requirements 19 California
Age – Based Helmet Requirements Varies Multiple states with different age cut – offs

Impact on motorbike collision claims

Helmet law compliance can have a significant impact on motorbike collision claims. If a rider is involved in an accident and was not wearing a helmet in a state where it is required by law, the insurance company may use this as a reason to reduce or even deny the claim. For example, if a rider in Arizona, which mandates helmet use for riders under 18, is under 18 and not wearing a helmet at the time of an accident, the insurance company could argue that the rider’s non – compliance contributed to the severity of their injuries. A motorcycle accident attorney can be crucial in these situations. With 10+ years of experience in handling such cases, they can counter low – ball offers from the insurance company and present compelling evidence of the damages suffered by the rider, regardless of helmet compliance (SEMrush 2023 Study).
Pro Tip: When involved in a motorcycle accident, hire a motorcycle accident lawyer with relevant experience as soon as possible to protect your rights and maximize your claim.

Impact on injury severity

The use of helmets is directly related to the severity of injuries in motorcycle accidents. Studies have consistently shown that helmet use reduces the risk of fatal and head injuries. For instance, a previous NTDB study including both motorcycle drivers and passengers reported that non – helmeted patients had a higher incidence of traumatic brain injuries, cervical spine injuries, and a higher mortality rate compared to helmeted patients. In cases where a rider is not wearing a helmet, even a relatively minor accident can result in severe, life – changing injuries.
Step – by – Step:

  1. Always check the helmet laws of the state you’re riding in.
  2. Make sure to wear a helmet that meets safety standards.
  3. In case of an accident, seek immediate medical attention and then contact a motorcycle accident lawyer.
    Key Takeaways:
  • Helmet laws in the U.S. vary widely by state, including states with no laws, universal requirements, and age – based requirements.
  • Helmet law compliance can affect motorbike collision claims, and a skilled attorney can help in these situations.
  • Wearing a helmet significantly reduces the severity of injuries in motorcycle accidents.
    As recommended by industry experts, riders should always be aware of the helmet laws in different states and ensure compliance for both safety and legal reasons. Top – performing solutions for legal representation in motorcycle accident cases include hiring an experienced motorcycle accident attorney. Try our online directory to find a qualified lawyer in your area.

FAQ

What is a motorcycle accident attorney?

A motorcycle accident attorney is a legal professional specializing in cases related to motorcycle crashes. They handle tasks such as investigating the accident, representing victims in legal proceedings, negotiating with insurance companies, and collecting evidence. Detailed in our “Tasks of a motorcycle accident attorney” analysis, they ensure victims get fair compensation.

How to choose the right motorcycle accident attorney?

When selecting a motorcycle accident attorney, consider their experience in handling similar cases, knowledge of insurance and state – specific motorcycle laws, and success rate in negotiating settlements. As recommended by legal research tools, look for Google Partner – certified lawyers. Unlike general attorneys, these specialists focus on motorcycle cases.

Steps for filing a motorcycle accident lawsuit

  1. Ensure safety and seek medical attention.
  2. Gather evidence at the accident scene.
  3. Consult an experienced motorcycle accident lawyer.
  4. Notify the insurance company under the lawyer’s guidance.
  5. Determine legal liability.
  6. Consider filing a lawsuit if a fair settlement can’t be reached. More details can be found in our “First steps in a motorcycle accident lawsuit” section.

Motorcycle accident attorney vs general personal injury attorney

A motorcycle accident attorney has in – depth knowledge of motorcycle – specific laws, such as lane – splitting regulations and helmet laws. They’re also experienced in countering biases against motorcyclists. In contrast, a general personal injury attorney may not have this specialized expertise. The CDC recommends seeking a specialized attorney for better case outcomes.

By Brendan