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What Damages Can I Collect for a Motorcycle Accident?

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What Motorcycle Accident Compensation Is Available to Me?

The aftermath of a motorcycle accident can be chaotic for the victim and their families. Your attention will most likely be divided into many different areas – physical injuries, emotional and mental trauma, and extensive property damage.

What many motorcycle accident victims forget in the days after the crash are the resources they can tap into to help secure their financial future after a catastrophic accident. With the help of a seasoned motorcycle accident lawyer, the victim and their family can sue for damages. The damages awarded can help offset medical expenses and property damage expenses. Monetary damages can also be helpful as you work through the pain and suffering caused by the accident.

If you or your loved one were injured in a motorcycle accident, you are not alone. The motorcycle accident lawyers at Regan Zambri Long can help secure the financial compensation you deserve. We offer a free initial consultation where you will be able to speak with an experienced attorney who will give you a reasonable assessment of your case.

What Are Damages?

Damages are a sum of money owed to the victim for a breach of duty or a violation of your rights. Let’s take a motorcycle accident to illustrate what damages are.

All drivers have a duty to other drivers who share the roadway. The duty is simple. Drivers, regardless of what type of vehicle they are operating at the time, must stay focused and obey the rules of the road to keep themselves and other drivers as safe as possible.

If a driver is negligent in that duty (i.e. if they fall asleep at the wheel, are distracted by their cell phone, or drive while intoxicated) then he or she breached their duty. If their breach of duty leads to a motorcycle accident, the negligent driver can and should be sued for damages.

What Types of Damages Can I Collect for a Motorcycle Accident?

Let’s categorize the different types of damages you can collect for a motorcycle accident into three umbrellas: economic, noneconomic, and punitive damages. Each umbrella has specific claims you can make against the negligent driver.

Economic damages

Economic damages are awarded for physical monetary loss. These damages are objective and can be boiled down to how much money the motorcycle accident cost you and your family. The primary types of economic damages you can secure from a motorcycle accident claim are:

Medical expenses

motorcycle accident victim in wheelchair holding wheelYour injury claim can cover all current and future medical bills that resulted from your accident. This can include ambulance rides, hospital stays, x-rays and scans, surgery, prescriptions, and rehabilitation.

If you or your loved one need long-term medical care (i.e. physical therapy, home assistance, future surgeries, and ongoing medical treatment) the motorcycle accident claim may also cover those expenses, as well.

Lost wages

Depending on the severity of your motorcycle accident injuries, you may lose time at work due to the crash. If your injuries keep you from returning to work, you may be awarded damages to make up for the lost wages.

Permanent disability

The catastrophic injuries you sustained from the motorcycle accident may leave you with a permanent disability that keeps you from ever returning to the job you held before the accident. If you cannot return to your regular job or have a reduced earning capacity, your DC motorcycle accident lawyer will negotiate for the maximum compensation to ensure you and your family are financially secure.

Property damage

The costs of repairing or replacing your motorcycle after the accident can be extremely expensive. A Regan Zambri Long motorcycle accident attorney will help you recover enough damages to fully repair or replace your bike so nothing comes out of your pocket.

Non-economic damages

Non-economic damages are different from economic damages because there isn’t an objective price for these hardships. However, even though there isn’t a physical receipt that shows your suffering does not mean that your suffering is not significant.

Your motorcycle accident lawyer will make sure you are awarded a fair settlement for non-economic damages in your personal injury claim. Non-economic damages can include:

Pain and suffering

These damages refer to the experiences you go through because of the motorcycle crash. This can include physical pain, mental anguish, inconvenience, and post-traumatic stress disorder.
Other types of pain and suffering damages are:

At Regan Zambri Long, we take the pain and suffering of our clients very seriously. It is completely unfair that you should pay the price of someone else’s negligence. Reach out to a Regan Zambri Long motorcycle accident lawyer today for your free consultation.

Once the process is started, your dedicated motorcycle accident lawyer will collect the necessary evidence to prove your personal injury case, protect your legal rights, and seek the compensation for a fair settlement that you deserve.

Punitive damages

Punitive damages are rare in personal injury cases. While the damages listed above are meant to help the victim after a motorcycle accident, punitive damages are meant to punish the negligent offender.

To collect punitive damages in Maryland, Virginia, or Washington DC, your personal injury lawyer will have to prove that the defendant acted with reckless disregard for the safety of others. The defendant would have to be aware that their behavior could result in serious injuries but still acted anyway.

For example, if a passenger vehicle is drag racing with another car on a busy highway and causes a motorcycle accident during the race, that is extremely reckless behavior. Your Regan Zambri Long personal injury lawyer could argue that the driver knew that a drag race on a busy highway would put the rest of the motorists in danger, but decided to do it anyway. Therefore, as punishment to the negligent driver, the victim could be awarded punitive damages.

Can You Sue for a Wrongful Death in a Motorcycle Accident Claim?

man looking down in grief with hand over mouthYes, you can sue for a wrongful death in a motorcycle accident. In tragic circumstances, a motorcycle accident can claim the victim’s life. In these cases, the family of the victim may file a wrongful death lawsuit on behalf of their loved one. The damages the family may collect from a wrongful death lawsuit are:

Different states have different rules on who can file a wrongful death claim. In Maryland, the lawsuit can be filed by the deceased’s spouse, parents, or children. In Virginia and Washington, DC, the wrongful death claim must be filed by the deceased’s executor.

The Regan Zambri Long attorneys have 100 years of combined experience and are knowledgeable in Maryland, Virginia, and DC law. They will be able to guide you through the claims process and secure maximum compensation.

Who Is at Fault for a Motorcycle Accident?

In any accident, the driver at fault is the one who was negligent while operating his or her vehicle. Unfortunately, there is usually a bias against motorcyclists – it is generally considered that motorcycle accidents tend to be their fault. However, that is not always the case and the lawyers at Regan Zambri Long know it.

Many motorcycle accidents are due to a lack of visibility. Other causes may include bad weather, poor road conditions, drug and alcohol consumption, distracted driving, and drowsy driving. In 2020 alone there were over 5,000 biker fatalities in motorcycle accidents. Motorcyclists are 29 times more likely to die in a crash than a passenger vehicle driver.

Determining fault

motorcycle helmet lying on road after accidentOne of the main jobs of your motorcycle accident lawyer is to determine which driver needs to be held accountable for the accident. Once fault is proven, your lawyer can start pursuing compensation from the other driver by filing a claim.
To prove the other driver’s negligence in the accident, your attorney will:

Contributory negligence

Contributory negligence is a rule practiced in Maryland, Virginia, and Washington, DC. This rule states that if the victim holds any responsibility in the motorcycle accident case, then he or she cannot collect compensation.

For example, if a passenger vehicle driver’s speeding was the main cause of the crash, but the motorcyclist was illegally swerving in and out of traffic lanes at the time of the accident, the motorcyclist may be considered partially at fault for the accident. If this happens, then it would be difficult to secure financial compensation.

The Regan Zambri Long personal injury lawyers know the Maryland, Virginia, and DC court systems very well. They understand that defense attorneys will quickly use contributory negligence to get their clients out of paying what they rightfully owe you. Your passionate lawyer will work tirelessly to prove the accident was fully and totally caused by the other driver and that you are entitled to the maximum amount of damages.

What is the most common major motorcycle injury?

According to the National Highway Traffic Safety Administration, lower extremity injuries are the most common in motorcycle crashes. However, even though bone fractures are the most frequent injury in a motorcycle crash, it is head, chest, and abdominal injuries that are consistently more severe.

Head and brain injuries

Traumatic brain injuries (TBIs) can change a victim’s life forever. Traumatic brain injuries occur when there is sudden trauma and damage to the brain. In milder cases, they are known as concussions. In the most severe cases, TBIs can leave the victim permanently debilitated and even cause death.

Other types of head and brain injuries include:

Spinal cord injuries

Spinal cord injuries are extremely dangerous and potentially life-altering. A severe spinal cord injury can leave the victim partially or completely and irreversibly paralyzed. In the first year, the cost of care for a spinal cord injury is about $1 million. In the years that follow, it will cost the victim and their families over $250,000 per year.

Chest and abdominal injuries

Motorcyclists are particularly vulnerable in motorcycle accidents because of the lack of protection around them. While drivers have the structure of a vehicle to help absorb the impact of the crash, motorcyclists have nothing. Therefore, motorcyclists are more likely to suffer from organ damage and internal bleeding following an accident.

It is extremely important for the motorcyclist to seek medical care immediately following an accident. Organ damage is not always visible and the symptoms may develop or worsen with time. Seeking immediate medical attention will not only ensure your own safety, but will also help you in the claims process.

How much compensation can I get for my motorcycle accident?

PartnerSal Zambri seated at deskThere is no single estimation for how much you will receive for your motorcycle accident case. The total sum largely depends on the severity of your injuries. However, when you partner with Regan Zambri Long, you are partnering with lawyers who firmly believe their clients should not have to pay for someone else’s mistake.

At Regan Zambri Long, we deeply understand what you and your family are going through. We know that serious injuries, medical bills, and emotional trauma take a heavy toll on the victim and their family. Our mission is to efficiently secure enough damages to take care of all the expenses related to the accident. We know you don’t want to be our client for one more minute than you have to be.

Our attorneys will work around the clock to settle your case so you can your family can move on with your life as soon as possible. If you were in a motorcycle accident and want to seek legal representation, please reach out.

Schedule a Free Consultation

Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

Call 202-960-4596

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