Did you or a loved one get injured on a motorcycle accident? Check out these 10 motorcycle accident tips, then call our Gilbert attorneys.
After a Motorcycle Accident
What do you need to do to protect your rights? In fact, a motorcycle accident victim called our law firm the other day and asked that question of one of our attorneys.
Here’s what our attorney explained. The first thing that you need to do is make sure that your follow up medical care is the best medical care you can get. People are kind of surprised that we emphasized that rather than the legal aspects. We can assist you by making some referrals to doctors who, even if you don’t have health insurance, they’ll see you. They’ll take care of you. You’ll probably need quite a bit of follow up, rehab, physical therapy, things like that. You may need a lot more than that. That’s the first step.
Give us a call. Even if you haven’t decided if you’re going to have us represent you, we’ll still make those referrals because we want you to get the best medical care possible. Then after that you want to make a wise choice for the law firm who’s going to represent you. Sometimes, those law firms claim to focus on motorcycle cases, but we really focus on this. Oftentimes, what they do is, when the injuries are so much more than the insurance, they spend most of their time just negotiating with the hospitals and insurance companies and try to bring the costs down so that at least their client gets a couple thousand or something in their pocket.
Call us early and even if you want to call several firms, that’s fine. Get information early and you’ll get a feel for who’s probably going to do the best job for taking care of your motorcycle injury case. We’re always looking for additional sources of recovery beyond the obvious, the insurance of the driver who caused the accident. One of our favorites is we look at do you own other vehicles? Do people in your household own other vehicles? Do they have full coverage?
If they have full coverage, do they have underinsured motorist coverage? If they do, we can often use that and it has no effect on their insurance rates and it helps you. If they don’t or you don’t, we may be able to bring a claim against your own insurance agent because they probably had a responsibility, especially if you’re a motorcycle rider to make sure that at least one of your vehicles had underinsured motorist coverage. That can be like free money for you.
Call us early. We know specialists who can diagnose concussions and there’s no one best treatment for traumatic brain injury. We’ll help you through that whole process. Try them all out and see which ones help you the most. Get legal help early. The statistics that insurance companies keep show that people who call, just make one call to a lawyer end up getting – even if they don’t hire a lawyer, they end up getting significantly more money than people who don’t. Was that call worth it? We hope so.
Remember, if you’re in a motorcycle accident, call us. The call is free. The information is free. The referrals are free even though they can make a huge difference in your case, tens of thousands of dollars or sometimes even potentially millions. Call because we really are here for you.
Common Mistakes After a Motorcycle Accident
If you’ve been a motorcycle accident victim, you’ve heard stories about people that made mistakes that cost them thousands, tens of thousands, sometimes hundreds of thousands of dollars because they didn’t know. We have that question come up fairly often with people contacting our office who have been in motorcycle accidents. Recently they posed that question to one of our attorneys. What the attorney explained is there’s plenty of common mistakes. One of them is just accepting what an insurance adjuster has to say about the accident situation.
Let’s say someone was not wearing a helmet and they had some significant head injuries. It’s very common for an insurance adjuster to say no helmet, no pay. Hopefully at least at that point you will call us, if not before.
Another very common thing is they’re always looking for ways to not pay. They’ll say hey, you want your bike fixed? Of course, you want your bike fixed. They’ll say you’ve got to give me a recorded statement. Do you think they’re taking that for their educational benefit? They’re looking for any way that they can blame you totally or partially for what happened.
They’ll ask you about speed, what you saw before whatever, and you can just answer questions that you think are fairly innocent. Then they have their little accident reconstruction and say look at that. You see? He said he was going 53, not 52. They’ll say he actually contributed to this accident or he could have avoided it. That’s one of their favorite ones. Call us first.
For our clients, we don’t ever have them talk to insurance adjusters and get recorded statements. We say, you want some information? You give us the questions in writing. We’ll give you the answers in writing. That allows us to make sure that they’re not trying to trip you up. Then those things don’t happen to our clients.
Other common mistakes are you suffer a concussion. You have the headaches, the memory fog, the short-term memory loss, things like that. Maybe it’s diagnosed in the emergency room and then nobody ever does anything about that or tries to help you afterwards. That’s a huge mistake. It’s a huge mistake physically. It’s a huge mistake to your case.
We’re very sensitive to concussions and traumatic brain injuries. Again, just call us and we can give you a lot of that information for free over the phone. One of our attorneys will analyze your case for free. If you want to avoid those mistakes, and they’ve done statistics and studies, the people that call a lawyer and just talk to them one time end up with a lot more money even if they settle the case on their own. That’s another reason to call us.
If you’ve been injured in a motorcycle accident, call us. The call is free. The information is free. We’ll do our very best to help you for free on that phone call because we really do this and care about you.
Selecting a Motorcycle Accident Attorney
How do you choose the right motorcycle injury lawyer? For one, you need an attorney and firm that understand motorcycle riders.
There aren’t that many law firms like that out there, but there’s some that hold themselves out as the go-to motorcycle accident attorneys. Usually what they end up doing is the bills are so much higher than the insurance company limits that most of what they do is just negotiate with hospitals and stuff to try to get the amounts that they have to pay back less so their client ends up with a couple thousand or 3,000 in their pocket so they don’t end up with 0.
What we do is we’re looking for insurance that isn’t obvious, so not just the at-fault driver. The attorney explained this the other day when somebody called in in this situation. There’s what’s called underinsured motorist coverage. That can be available when it’s not obvious.
As the attorney explained the other day to a motorcyclist that was involved in a serious accident, the other driver only had $25,000. Their medical bills were way more than that. Do you own any other vehicles that have full coverage and might have this uninsured motorist coverage? They did own some other vehicles that had full coverage. Unfortunately, they did not have underinsured motorist coverage, which sometimes we can actually make a claim against the agent who didn’t give them that coverage.
That’s kind of a big mistake. We can get an expert to say if they knew they were a motorcycle rider and they have a policy on their truck, I should have had underinsured motorist coverage. If they didn’t, that’s a professional mistake. We can make a claim on the agent’s own insurance policy. There are other ways that we can find additional insurance.
Even if you’ve been told that’s all there is, there’s just $25,000 or $50,000 or whatever, call us and let one of our attorneys review that situation and see if we can find some additional insurance coverage. If we do, it’s like free money, found money. Another way, as an example, the attorney explained, is if there’s somebody else in the household, a relative that has a vehicle with full coverage. The motorcyclists may be able to use that coverage and not even affect the insurance rates of their brother or their father or their mother. Then there’s even ways beyond that, but you need to call and let one of our attorneys analyze the situation.
We can tell you if that’s a possibility or not. All those things go into just take the easy money, the quick money, and then are they out of there? That’s probably not the motorcycle injury attorney that you want. Can they tell you about situations?
We had one where a motorcyclist had a very serious injury. The insurance policy was only $100,000. The person who was at fault had a house that was totally paid off. In addition to the $100,000, we got them to pay several thousands of dollars more on top of that. Is the other law firm willing to do that?
Another way that you can tell if you’ve got the right motorcyclist law firm is what do they do if you do get $100,000 or $500,000 or in rare cases $1,000,000? We had a situation where a 20-year-old was riding a motorcycle with a friend and they both got hit by an older lady. She had $100,000 insurance limits. Our client got $100,000 and his friend got $100,000.
The difference was we had our clients’ money put into a lifetime annuity, and he’s still getting money today. His buddy, who was riding behind him, blew all of his money in less than a year.
That’s another thing to look out for. Hopefully, this gives you an idea of what you really want to look for if you’ve been in a motorcycle accident. Ask the deeper questions. Don’t necessarily be impressed with that Harley in the office. Ask a few more questions.
You’ll make the right decision. Remember, the call is free. The information is free. If you’ve been injured while riding a motorcycle, even if you’ve been told there’s no more insurance, give us a call. We do care about you, even if we don’t ride motorcycles ourselves because that’s our own choice. Call us.
Motorcycle Accident Insurance Investigation
Is it ever a good idea, especially in Arizona, to talk to the insurance adjuster, the company for the other driver’s insurance? A motorcycle accident victim called our office the other day and posed that very question to one of our attorneys. What the attorney said is the short answer is no. The insurance adjusters have had lots of practice in dealing with people who are in motorcycle accidents. They’ve come up with some pretty clever ways of getting you to talk and give them information.
You’ve heard the phrase, “whatever you say can and will be used against you.” That applies when you’re talking to insurance adjusters. Even if they don’t take a recorded statement, they’re still writing down everything you’re saying. A polite answer to a simple question after your health in their reading becomes that you are on your way to a full recovery even if that’s far from the truth.
By the way, remember, on your social media, if you’ve just got out of the hospital and the next day they’ve got a picture of you climbing Mount Everest, it’s probably not going to help your case. Take it easy. Follow what your physical therapist says, and don’t try to conquer Mount Everest soon until we settle your case.
With regards to insurance adjusters, we never let our clients talk to insurance adjusters about what happened, about their injuries. If they want to ask questions of our clients, we insist that it be in writing. That gives us total control over what the questions are. No surprises. It’s not going to hurt your case.
Again, insurance adjusters, they’ve learned how to get people to talk. They’ll say your bike got smashed up. You put a lot of money into that. You probably want to get it fixed. You’ve got to give me a statement, otherwise I can’t get your bike fixed.
Note, they don’t promise they’re going to do it. They just say you’ve got to do it if you want me to consider it. That’s why call us first. We can avoid you saying something that inadvertently can hurt your case. Talk to us first and then after that if you still want to give a statement, at least you’ll be more informed or have us represent you and then you don’t have to give them a statement. Your bike will still get fixed. We’ll take care of that for you.
Remember, if you’re a victim of a motorcycle accident in Arizona, give us a call. The call is free. The information is free. It can make the difference between a few thousand, tens of thousands, and in a few cases millions of dollars by talking to us first. Understand that you’re a victim of a motorcycle accident. We’ll work with you. We’ll, so to speak, ride with you until your case is closed successfully because we really do care about you.
Differences Between Motorcycle Accidents and Car Accidents
How are motorcycle injury claims different than car accident claims in Arizona? Just the other day a motorcycle accident victim called and asked one of our attorneys that question. Here’s what our attorney said. The number one difference is usually if you’re on a motorcycle, you have more serious injuries just because that’s what happens on a motorcycle.
Your medical bills are often much, much higher. In that situation, the hospitals out there file liens against you. They say if you get any money from an insurance company, we’re going to swoop in and take it away from you first. Health insurance companies do the same thing. That’s even more of a reason to call us because that’s where you can actually benefit even more by having a law firm represent you than if you do it on your own.
If you do it on your own, the hospital and insurance company just go you can have what’s leftover. If there’s nothing leftover, do they care? Heck no. That’s another major difference. Beyond that, it’s very common for a motorcycle accident client to suffer concussions, even with a helmet. Hopefully you understand that a helmet can prevent you a lot of the worst kinds of head injuries, but it does not guarantee that you won’t have a concussion.
You know about the secondary impact. You can definitely end up with serious concussions even wearing a helmet. If you have headaches that you didn’t have before the accident and you have short-term memory loss, you feel like you’re in a fog, depression, just posttraumatic stress disorder, those kinds of things go along with concussions. We can get you to top experts at diagnosing and treating those even if you don’t have health insurance. That’s another area where there’s more concussions than in car wrecks. That’s more of a reason to call us.
We really do focus on concussions and traumatic brain injuries. We have expertise in that field. If you go on our website, you’ll see way beyond the average law firm. I even give lectures to doctors on the subject. I even give some educational programs. I’m always surprised at how many doctors are not aware of the latest diagnostic imaging and advances in treatment for concussions and brain injuries. It’s surprising, let’s just put it that way.
Those are some of the major differences. If it’s happened to you, you know that I may never be able to walk with my right ankle again or whatever. You know personally about some of the differences but call us. The call is free. The information is free. The referrals are free, and it can make a difference of tens of thousands, sometimes millions to your case. Call us and we’ll be happy to talk to you because we really do care about you.
Poorly Maintained Roads
The question often comes up in single motorcycle accidents where a rider is seriously injured because of defect or a problem in the maintenance of a road. There was a situation where a motorcyclist came over a rise and the roadway was filled with sand that had been left over from a rainstorm. It doesn’t matter how good of a rider you are— if you come at speed over sand with no warning, you will be seriously injured. A claim like that, you absolutely need a law firm to help you out.
If you don’t have a law firm, then you might as well kiss that one goodbye. In a situation like that, what our attorney did is he contacted the state. The state has special rules. They have special protections. You can’t wait two years if the state has messed up. If you do, you’re history.
You have to file, as the attorney explained in that situation, a notice of claim. You have to do it in 180 days. That’s less than six months. If you don’t, your claim is gone. Even if you do, whatever the amount is, if you put in there $100,000 and it turns out you have more injuries, you’re not getting a penny more than $100,000. You’re not going to do it on your own successfully.
Even some law firms mess it up. You need a law firm on your side. The key in that situation is the experts that we bring in. If they can show that the state could have prevented that injury if they had cleared area out – another thing is how long it had been sitting there. Did they have any notice? All those things are really important. When you talk to one of our attorneys, they’ll explain that in detail.
Are those cases easy? No. Those are some of the hardest cases to win. Most law firms won’t even touch them because they’re so hard. However, we do have litigation attorneys on our legal team. Not all of them are jumping up and down to take a case like that, but they’ll at least investigate it.
We’ll investigate it at no cost to you. Then if our experts say this looks like it’s going to be a tough case, it’s going to be a very hard case, but it’s winnable, they’ll probably take the case. If we investigate it and determine it just looks like we probably won’t be able to win the case, we’ll tell you that. It doesn’t cost you anything for us to do that.
You have to be seriously injured. If you’ve just got some scrapes or whatever because you got thrown off your bike, one of our attorneys will say thank your lucky stars. That’s not enough injuries for us to take. If you’ve been seriously injured or concussion, brain injury, massive fractures, things like that, which are very common, those are the kind of injuries that can justify a claim against the state. If that’s happened to you, for heaven’s sake, do not wait around.
Even if you’re recuperating in the hospital, call us from the hospital, if you can, so that we can start investigating your case at no cost to you. Remember, if you’re in a motorcycle accident or whatever the cause, but especially if there’s some road conditions, those are some of the toughest cases out there. You need to get us working on the case as early as possible.
Call us. The call is free. The information is free. Our investigation won’t cost you anything out of pocket. If we’re successful, you’ll be very grateful that you called us because we really do care about you.
Forced Off the Road
That question was posed to one of our attorneys recently by someone who had laid their bike down and still had been very seriously injured.
The answer to that question, as the attorney explained, is two things. Number one, did that vehicle stay around? Do we have insurance information on that vehicle? If we do, then that’s one situation. That gives you more options.
Of course, we’re going to see what the police officer thought about the situation. It’s very common for police officers to blame motorcyclists for all or part of the accident. Of course, the driver, who may have forced you off, they almost always have a different version of what happened. It shouldn’t shock you. Independent witnesses are very important in that situation.
Worse case is that driver just takes off. It’s very common. They’ll say even if your bike is spinning and you’re seriously injured, they’ll go no harm, no foul as far as they’re concerned. They’re out of there or they don’t want to obviously wait for the police officer to show up because they’ve got warrants or they don’t have whatever.
If the situation like that has happened to you, as the attorney explained, the next thing that we look at is do you have uninsured motorist coverage either on that motorcycle or on any vehicle that you own or any vehicle that a relative in your household owns? Do they have full coverage with uninsured motorist coverage? If they do, we may be able to use that. It’s not a simple process.
That’s another reason why you need to call and get legal help. Otherwise, we’ll just say you don’t have even a prayer on your own of successfully making a claim like that without legal assistance. The insurance company will say you didn’t hit the other vehicle. You’re kind of on your own. There are cases where we can still get compensation for our client.
Call us if that’s happened to you. We’d really like to help out. Motorcycle accident victims, especially when they’ve been told there’s nothing available, should call us. The call is free. The information is free. We really do this because we care about you.
Injured as a Passenger on a Motorcycle
When riding on a motorcycle that experiences an accident, do you have a claim? If you do, who is it against? Is it against the other driver? Is it maybe against your friend? What’s the situation?
That very question was posed recently to one of our attorneys by a potential client. Our attorney explained that as a passenger, the good news is that you can never be at fault for the accident. The attorney explained there can be rare situations if you reach up and strangle the motorcyclist. You might have contributed to that accident. I’ve never run across that situation yet, even if people felt like they wanted to strangle them for some reason. You’re not going to be at fault.
As the attorney explained, they can give you additional options because it’s pretty common for a police officer in their report to put some or all the blame on the motorcyclist. We’ve had situations where maybe it was the other driver’s fault mostly. We collected all the money that that other driver had and maybe the motorcyclist themselves only had a minimum $15,000 or $25,000 policy. Maybe they really hardly did anything wrong. All they have to do is find a little bit they did wrong and as a passenger, we can collect that money for you.
We had a husband and wife situation. The wife was riding behind. We got her extra money even though her husband had laid down the bike. He’d probably done everything you’re supposed to do, but we still were able to get extra money for the wife.
Speaking of extra money, the driver who caused the accident only had $100,000 policy. He had a house that was totally paid off. We told him and his insurance company we’re not going to be satisfied with $100,000. We want to kick in another $100,000 and more money on top of that or we might have to come knocking on the door of the house. We ended up getting much more than the insurance limits. That’s possible.
Call us and we can tell you if that’s possible in your situation. If the insurance company has already offered the first $100,000, don’t accept it. Call us. You can keep all that money for free. We’ll just work on whatever we can get you on top of that. It’s like a no lose situation for you.
Remember, if you’re a passenger, you’re injured in a motorcycle accident, you have additional options. Call us. One of our attorneys will be happy to analyze your situation. Even if you’ve been offered a policy limit by the other insurance company, just call us and let us check before you accept it. If we can get you more besides that, you keep all that money. If we can get you more, we will.
That’s another reason to call us if you’ve been in a motorcycle accident. The call is free. The information is free. It can mean tens of thousands of dollars, sometimes millions depending on your injuries. Call us because we really do care, and we ride with you as your partner in your motorcycle case until it’s fully resolved.
Motorcycle Accident Case Timeline
How long is it going to take to resolve the claim? That’s a question that a motorcycle victim posed to one of our attorneys just the other day when they called our office. Here’s what our attorney said.
He said the first thing we’re going to do is the other insurance company for the driver who is at fault in Arizona does not have an obligation to tell us what their insurance limits are. They don’t have to if they don’t want to. We know it’s going to be at least a minimum, which has been raised to $25,000. For a serious accident $25,000 is like a down payment maybe. Even though they don’t have to tell us what the policy limits are, if you’ve got a lot of big medical bills just from the hospital alone, we normally can get the insurance company to say all I’ve got is 25 or 50 or 100. Let’s just take care of it.
In that case we can get your case settled very quickly. The more difficult issue in that case is let’s say your medical bills are $100,000 or $200,000 or something like that. Then we need to negotiate not only with the other driver’s insurance company, but as the attorney explained when they called in, we also need to negotiate with the hospital. The hospital is going to have their hand out. If they can, we won’t let them do it, but they’ll take all your money if they can. We don’t let that happen.
That’s where having a law firm represent you can actually put more money in your pocket even after our fees are deducted than if you handle it on your own. We tell the hospital and the insurance companies no. Here’s the offer we’re going to make you for repayment. We can usually negotiate that amount down significantly. If necessary, our lawyers can actually sue them and say we’ll have a judge tell you you’re not going to get this much money.
All those things can influence how long it takes to resolve your claim. Best case scenario, you have high medical bills, as the attorney explained, and the insurance policy is not $1 million. We can usually settle that pretty quickly. You still need to negotiate with the hospitals and stuff. If there is a million dollars of insurance available, it may take longer to settle your case. If it’s the difference between $10,000 and $500,000 or $1 million, most of our clients are willing to wait a little longer.
Remember, if you’re injured in a motorcycle accident, even if you’ve been told there’s no other insurance available, give us a call. The call is free. The information is free. We do care about people who are injured riding motorcycles. They have every right that anyone else has, even if some drivers don’t drive and believe it. Call us because we care about you.
Motorcycle Accident Case Value
How is the value of a motorcycle injury claim determined? That’s a very good question, especially in Arizona. There’s no magic formula to this. We had someone call our office the other day and ask one of our attorneys. The attorney explained there’s not a crystal ball magic formula.
Typically, what happens if you’re seriously injured is there’s going to be very high medical bills. Those medical bills often exceed the amount of insurance of the other driver. In that case, usually the insurance adjuster won’t quibble if it’s clear who’s fault the accident is. Sometimes, it’s not so clear and they’ll try to put the fault on you, if they can.
They’ll say you were speeding, you were doing this, etc. We can have accident reconstruction break that down and critique the officer’s version of what happened. That can be important in getting you more dollars in your pocket or even getting the insurance company to accept responsibility.
Once the insurance company adjuster gives up on these tactics, we can settle your case very quickly. The value usually is whatever the insurance policy limits are. That may not be enough. That’s where we have expertise in looking for additional sources of insurance; underinsured motorist coverage from your other vehicles. Did your own agent mess up because he didn’t give you underinsured motorist coverage on at least one of your vehicles knowing that you had a motorcycle? We can file a claim against your own agent’s insurance policy to get actual money and insurance for you.
Were there other people, relatives in your household, say, who had vehicles with full coverage that includes underinsured motorist coverage? We can use that often without affecting the insurance rates of your relative that you live with, your father or your brother. All those things can increase the value of your case. Anyway, we just want you to know that those factors are reasons why you need to call and have one of our attorneys analyze your case specifically and then we can give you a much more specific answer than we can just an informational video.
Remember, the call is free. The information is free. It can make a big difference if we can find extra insurance that you didn’t know was available. We really do care about our clients who are injured riding motorcycles. They have equal rights to people who are driving four-wheeled vehicles even though those people often don’t respect them. We care about you and we’ll make sure that you get the justice that you deserve.
Were you or a loved one seriously injured in a motor vehicle crash in Arizona and have questions about these 10 motorcycle accident tips? Contact experienced Gilbert Motorcycle Accident Lawyers at Free Injury Advice today for a free consultation and case evaluation.
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