Motorcycle accident injuries cause nearly 15% of all traffic fatalities in the U.S., even though motorcycles make up just 3% of registered vehicles and 0.7% of all vehicle miles traveled. While there is some overlap in the types of injuries resulting from both car and motorcycle accidents, motorcyclists are at a much greater risk of certain injuries, particularly those causing disability and death.
There are some important nuances to consider if you’ve been injured in a motorcycle accident, including how your own negligence may have contributed to your injuries and how this might affect your claim for compensation. We’ll answer questions about the most common motorcycle injuries, the types of accidents that cause them and how damages for motorcycle accident claims are determined.
[READ: How to Report a Traffic Accident to the Police]
What Percent of Motorcycle Accidents Result in Injury or Death?
The odds of being injured in a motorcycle accident are quite high. In fact, 80% of motorcycle accidents result in injuries, compared with 20% of automobile accidents. In addition to the high prevalence of motorcycle accident injuries, statistics also show that they’re 30 times more likely to result in a fatality than automobile accident injuries.
What Are the Most Common Causes of Motorcycle Accidents?
Understanding the most common causes of motorcycle accidents can help you to better protect yourself. Although several states don’t require motorcyclists to wear helmets (or only require minors to wear them), wearing a helmet is one of the most important safety precautions you can take. Drug and alcohol use, excessive speed, inexperience and mechanical problems can also contribute to the likelihood of motorcycle accidents–but these are generally within your control.
Common motorcycle accident causes that are not necessarily within your control include:
— Road conditions and weather
— Left turns (may result in T-bone collisions with cars)
— Distracted drivers
— Sudden traffic stops
— Unsafe lane changing
— Vehicle overshadowing (and general visibility issues)
— Sudden opening of car doors
What Are Some Common Types of Motorcycle Accident Injuries Involving Bodily Harm?
When comparing car and motorcycle accidents, the main difference is motorcyclists’ significant vulnerability to automobiles, trucks and other potential hazards. Some of the most common physical injuries claimed by motorcyclists include:
— Road rash: When a rider is thrown from their motorcycle, they often slide across the pavement, causing scrapes and even deeper bodily tissue injuries.
— Head and neck trauma: Even if a helmet is properly used, concussions, skull fractures and injuries to the soft tissues of the neck are common in motorcycle accidents.
— Injuries to the arms and legs: While injuries to the limbs also occur in car accidents, the lack of a seat belt makes limbs much more vulnerable in motorcycle crashes.
These tend to be much more common among injured motorcyclists than automobile drivers, but this is by no means a complete motorcycle accident injuries list. Motorcyclists may also sustain neurological, spinal and internal injuries as the result of an accident. These injuries, and the costs that go with them–which can range from medical bills to lost wages–are part of the legal damages that can be included in a motorcycle crash claim.
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What Types of Psychological or Emotional Damages Are Common in Motorcycle Accident Claims?
A relatively minor motorcycle accident injury, even an incident resulting in minimal to no injuries, can cause major psychological harm such as anxiety, depression, fearfulness, post-traumatic stress disorder (PTSD) and recurring nightmares. Symptoms may not be apparent for days or weeks after the accident, which is why it’s important to consult with an injury lawyer before you consider settling your motorcycle accident case.
These less-tangible motorcycle accident injuries may be included in a motorcycle crash claim and could fall under damages such as:
Can Family Members File Motorcycle Accident Claims?
Yes. There may be incidents where your partner, spouse or other family members suffer as a result of your motorcycle accident injuries. Compensation may be pursued for damages such as loss of consortium (injury to the marital or parent-child relationship) and wrongful death. These claims would be separate from those filed by someone directly injured in a motorcycle accident.
Wrongful death claims seek civil liability for negligence or intentional conduct leading to a family member’s death. The specifics of this and other torts are set forth by state laws, but involve monetary compensation for the death of a loved one and are determined by who is at fault for the motorcycle accident fatality.
How Would My Motorcycle Accident Claim Be Affected if I Was Partly at Fault?
Depending on each party’s degree of fault and the laws of your state, the amount of compensation for your motorcycle accident injuries may be reduced, or denied entirely. One of the two main types of approaches to comparative fault–comparative negligence or contributory negligence–will determine compensation for your motorcycle crash claim.
Comparative Negligence
In comparative negligence states (the majority of states), the amount of damages an injured party, or plaintiff, may recover is reduced by the percentage of their own fault for the injuries. For example, your claim amount could be reduced if you were injured by a distracted driver but you were speeding at the time of the accident. If you claimed $50,000 in damages and the claims adjuster or court determined you were 20% at fault, then your recovery would be reduced to $40,000.
Contributory Negligence
In contributory negligence states, plaintiffs may be barred from any compensation for their claims if they’re even 1% at fault for their injuries. There may be some exceptions, though, such as the last clear chance doctrine. This doctrine allows the partly at-fault plaintiff to recover if the defendant was the only party who could have prevented harm through reasonable means but chose not to. A car accident attorney would be able to advise you of whether this doctrine applies in your state.
[Read: What to Do After a Motor Vehicle Accident: Checklist]
Get the Right Compensation for Your Motorcycle Accident Injuries
If you were injured in a motorcycle accident, it could profoundly and permanently impact your life–and the lives of your loved ones. Are you confident you know the true value of your claim? If you need help getting the compensation that will help you recover, consider meeting with a qualified accident lawyer near you.
[Read: Recovering Lost Wages for a Personal Injury Claim]
Legal Disclaimer
This content contains general legal information, but any references to the law are subject to changes through ongoing updates in legislation, regulation, and caselaw at the federal and state levels. This content does not constitute legal advice and should not be relied upon as legal advice for any particular situation. Nothing in this content should be interpreted as creating an attorney-client relationship. If you have legal questions, you should consult the advice of an attorney who is licensed to practice in your jurisdiction.
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Motorcycle Accident Injuries and Damages: FAQ originally appeared on usnews.com
