Motorcycle accidents can be deadly and very expensive. The cost of a motorcycle accident in the US can be anywhere between $2,000 and $1.4 million for a non-fatal crash.
If you find yourself in a motorcycle accident, seeking the help of the best motorcycle accident lawyers who can help you secure fair compensation for your losses is crucial.
Damages included in a motorcycle accident settlement
Damages typically mean monetary compensation for any injury suffered in an accident. This can include economic, non-economic, and punitive damages.
A. Economic damages
Economic damages include medical bills, costs to repair your motorcycle, loss of employment due to the accident, etc.
Medical bills: Damages include any medical bills the motorcyclist had to pay for as a result of the accident. This includes prescriptions, doctor’s visits, surgeries, and rehabilitation therapies to help the patient recover from the injuries.
Loss of employment: Damages also cover any loss of pay due to the accident. If the victim had to miss work due to the accident, the damages would pay the wages for the number of days the victim was away.
Disability damages: Damages paid also compensate for any future loss of employment due to an injury or any accommodations the victim has to make, such as the use of crutches or a wheelchair.
B. Non-economic damages
Non-economic damages include emotional pain, loss of enjoyment of activities, etc.
Pain and suffering: Motorcycle accident victims are also entitled to damages for any emotional pain they suffered due to an accident.
For example, if the person is unable to ride a motorcycle anymore or unable to pursue any activities that they previously found enjoyable, like swimming or running, due to the accident, they are entitled to compensation.
C. Punitive damages
In some cases, when the defendant has been excessively negligent or intentionally malicious, the court awards something called “punitive damages” in addition to basic compensation.
This is to punish the defendant for their actions and deter them from committing similar acts in the future.
An example would be a drunk driving case where the driver ran over a motorcyclist because they failed to notice the motorcycle or stopped to check on the motorcyclist after the accident.
There is usually a cap on such damages, and this varies from state to state.
Laws that affect the amount of damages a victim can receive
If the motorcyclist was partially responsible for the accident, the amount of damages awarded may decrease significantly or, in some cases, not be awarded at all.
A. Comparative negligence
Some states follow the principle of comparative negligence, which awards a percentage of responsibility to all parties who caused the accident. If the motorcyclist was partially responsible, the amount of damages they are owed is reduced proportionally.
18 states follow this principle. This law ensures that victims receive compensation even if they were partially responsible for the accident.
B. Contributory negligence
Contributory negligence is a law in some states, like Alabama and Maryland that prevents victims from receiving compensation even if they have partially contributed to the accident.
Motorcycle accidents involve several types of damage. Hiring a competent lawyer will ensure that you get fair compensation.
