What Happens if I Am Disabled After a Motorcycle Accident?

What Happens if I Am Disabled After a Motorcycle Accident?

When other people drive carelessly and irresponsibly, they may cause a serious collision with a motorcycle. Since motorcyclists have direct exposure to the ground, they are more likely to suffer debilitating and sometimes fatal injuries in an accident scenario.

If you or someone you love recently sustained a disabling injury in a motorcycle accident, you may be eligible to receive compensation through a personal injury claim or lawsuit. A Fort Lauderdale motorcycle accident lawyer can determine your claim-filing eligibility and handle every step of the process for you. Your attorney can also negotiate with insurance company representatives on your behalf or pursue a favorable litigation result in the state court system.

Disabling Injuries in Motorcycle Crashes

Motorcycle accidents can be devastating, especially when they result from another driver’s negligence. These accidents often result in disabling injuries, significantly affecting the victim’s life. Here are some of the most common types of disabling injuries motorcyclists may suffer:

• Head and Brain Injuries — One of the most severe and common injuries in motorcycle accidents is a traumatic brain injury (TBI). Even with a helmet, motorcyclists are at risk of head injuries due to the force of impact. TBIs can lead to long-term cognitive issues, memory loss, and even permanent disability.
• Spinal Cord Injuries — The spine is incredibly vulnerable in motorcycle crashes. Damage to the spinal cord can result in partial or complete paralysis. This type of injury can prevent individuals from walking or even moving parts of their body, depending on the severity and location of the injury.
• Fractures and Broken Bones — Broken bones are frequent in motorcycle accidents. The legs, arms, wrists, and ribs are particularly susceptible. Compound fractures, where the bone pierces the skin, can be especially serious, requiring extensive surgery and rehabilitation.
• Internal Injuries — Internal bleeding and damage to organs are common in high-impact motorcycle accidents. Injuries to the liver, kidneys, spleen, and lungs can be life-threatening and may lead to long-term health problems.
• Road Rash — When a motorcyclist is thrown from their bike, they often skid across the pavement, resulting in severe abrasions known as road rash. This injury can be more than just painful; it can lead to infections, nerve damage, and significant scarring.
• Lower Extremity Injuries — Legs and feet are particularly at risk during motorcycle accidents. Injuries can range from cuts and bruises to more severe damage requiring amputation. These injuries can severely limit mobility and independence.
• Psychological Injuries — Beyond physical harm, motorcycle accidents often lead to psychological trauma. Victims may suffer from post-traumatic stress disorder (PTSD), anxiety, and depression. These mental health issues can be just as disabling as physical injuries, affecting a person’s ability to function in daily life.

How Do Negligent Drivers Cause Motorcycle Accidents That Lead to Disabling Injuries?

Negligent drivers are a major cause of motorcycle accidents, often leading to disabling injuries for the motorcyclists involved. Examples of driver negligence that can lead to motorcycle accidents include the following:

• Distracted Driving — One of the primary ways negligent drivers cause motorcycle accidents is through distracted driving. This includes activities such as texting, talking on the phone, eating, or using in-car technologies. When drivers take their eyes off the road — even for a few seconds — they may fail to notice a motorcyclist, resulting in a collision. Given the smaller size of motorcycles, they are less visible compared to other vehicles, so vigilant attention from drivers is essential.
• Failure to Yield the Right-of-way — Failure to yield the right-of-way is another common cause of accidents involving motorcycles. Many drivers either misjudge the speed and distance of an oncoming motorcycle or simply do not see it. This often happens at intersections or when making left turns, leading to serious side-impact collisions. Motorcyclists are left with little time to react, increasing the likelihood of severe injuries.
• Speeding — Speeding is a critical factor in many motorcycle accidents. When drivers exceed the speed limit, they reduce their reaction time and the effectiveness of their vehicle’s safety features. High-speed collisions are particularly dangerous for motorcyclists due to the lack of protective barriers that other vehicles provide. The impact force can easily throw a rider off their bike, leading to disabling injuries such as traumatic brain injuries or spinal cord damage.
• Driving Under the Influence — Driving under the influence of alcohol or drugs severely impairs a driver’s judgment, coordination, and reaction times. Intoxicated drivers are more likely to make reckless decisions, such as running red lights, drifting into other lanes, or failing to see motorcyclists. These behaviors drastically increase the risk of catastrophic accidents.
• Aggressive Driving — Aggressive driving, including tailgating, sudden lane changes, and road rage, also contribute significantly to motorcycle accidents. Motorcyclists are particularly vulnerable to such aggressive maneuvers because they have less stability and protection than other vehicles. An aggressive driver may force a motorcyclist to swerve or brake suddenly, leading to loss of control and potential crashes.
• Poor Weather Conditions — Finally, poor weather conditions can increase the dangers negligent driving poses. Rain, fog, and snow reduce visibility and road traction, requiring extra caution. Negligent drivers who do not adjust their driving to these conditions place motorcyclists at risk.

Taking a Motorcycle Accident Case Where the Injured Rider Is Disabled to Trial or Binding Arbitration 

In a case involving a disabling injury from a motorcycle accident, the trial or binding arbitration proceeding is crucial for resolving the dispute and determining compensation. Here’s what happens during these proceedings:

Motorcycle Accident Trial

• Opening Statements — The trial begins with opening statements from both sides. The injured victim’s (plaintiff’s) attorney outlines their case, explaining how the at-fault driver’s (defendant’s) negligence led to the accident and the disabling injury. The defense attorney presents their version of the facts and argues why the defendant is not liable or why damages should be limited.
• Presentation of Evidence— The plaintiff’s side presents evidence first. This includes introducing medical records, accident reports, and expert testimony about the extent of the injury and its repercussions on the victim’s life. Witnesses, including the injured rider, may testify about the accident and its effects. The defense then presents its evidence, aiming to challenge the plaintiff’s claims or provide alternative explanations.
• Cross-examination — Both sides have the opportunity to cross-examine each other’s witnesses. This is where attorneys ask questions to test the credibility of witnesses and challenge their testimony. Effective cross-examination can reveal inconsistencies or weaknesses in the other side’s case.
• Closing Arguments — After both sides have presented all evidence, they make closing arguments. The plaintiff’s attorney summarizes the evidence and argues why the defendant is responsible for the injury and the extent of damages. The defense attorney argues why the plaintiff’s claims are unsupported or why the damages should be lower.
• Jury Deliberation and Verdict — If the trial involves a jury, they will deliberate in private to decide the outcome. They will review the evidence and testimony to determine if the defendant is liable and, if so, how much compensation the plaintiff should receive. If the trial is before a judge, the judge will make the final decision.
• Post Trial Motions — After the verdict, either party can file post trial motions. These may request the judge to alter the verdict or address legal issues that arose during the trial.

Binding Arbitration

• Arbitration Hearing — In binding arbitration, both parties present their cases to an arbitrator. This includes submitting evidence and witness testimony. The process is less formal than a trial but serves the same purpose of evaluating the facts and making a decision.
• Arbitrator’s Decision — After the hearing, the arbitrator issues a decision or award, which includes findings on liability and the amount of damages. This decision is final and legally binding, with very limited options for appeal.

In both trials and arbitration, the goal is to ensure that the injured rider receives appropriate compensation for their disabling injuries. Having a knowledgeable Fort Lauderdale motorcycle accident lawyer on board can make a significant difference in the outcome.

Recovering Third-party Compensation for a Disabling Injury in a Motorcycle Accident

If you have been in a motorcycle accident and suffered a disabling injury, you may be eligible for compensation to help with your recovery and losses. Here are the main categories of compensation available:

• Medical Expenses — This category covers all of the costs related to your injury, including hospital bills, surgeries, doctor visits, medications, and physical therapy. If you need long-term care or rehabilitation, those costs are also included. Medical expenses aim to cover everything necessary to treat and manage your disabling injury.
• Lost Earnings — If your injury prevents you from working, you can claim compensation for the income you have lost. This includes not only the money you have missed out on while recovering but also any future earnings you may lose if your disabling injury affects your ability to work in the long term.
• Pain and Suffering — This type of compensation addresses physical and emotional pain resulting from the disabling injury. It can be challenging to quantify, but it intends to compensate for the suffering, stress, and decrease in your quality of life that the accident caused.
• Loss of Enjoyment of Life — If your disabling injury affects your ability to participate in activities you once enjoyed, for example, sports, hobbies, or spending time with family, you may be entitled to compensation for this loss. It reflects how your life has changed and the activities you can no longer enjoy.
• Emotional Distress — In addition to physical pain, you may experience emotional trauma from the motorcycle accident, such as depression, anxiety, or PTSD. Compensation for emotional distress helps to address the psychological effects of your injury.
• Loss of Consortium — If your injury affects your relationships, especially with your spouse, you can claim compensation for loss of consortium. This covers the effects your injury has had on your relationship, including loss of companionship, affection, and support.
• Future Costs — If your injury requires ongoing treatment, therapy, or adaptations to your home or vehicle, you can seek compensation for these future expenses. This helps ensure coverage for any long-term needs related to your injury.

A skilled Fort Lauderdale motorcycle accident lawyer can pursue fair compensation for all the losses you have suffered.

Speak with an Experienced Motorcycle Accident Attorney Today

If you or a person you love suffered a disabling injury in a motorcycle crash, you may be eligible to recover compensation. A skilled Fort Lauderdale motorcycle accident lawyer can evaluate your legal options and develop a strong plan of action for recovering the monetary damages you need.