Boise Motorcycle Accident Lawyer
Boise Motorcycle Accident Lawyer
Being involved in a motorcycle accident can be a harrowing experience. No matter what type of injuries you sustain, the sheer shock of the situation can render you incapacitated and unable to adequately deal with the legal aftermath. If you are hurt in the accident, you are entitled to claim for damages to your vehicle, injuries that your body has endured, mental trauma you have experienced, and other losses that you have sustained. An experienced Boise motorcycle accident lawyer can help you file for these claims and obtain compensation that will help you move forward with your life after this traumatic event.
Can I File for Compensation After a Motorcycle Accident in Boise, Idaho?
When it comes to motor vehicle accidents, Idaho is a proportional comparative fault state. This means that a percentage is assigned to each party involved in the accident based on their role in the collision. An injured party who is less than 50% at fault is entitled to compensation. If you were 50% or more at fault, then you will not be able to file for any damages.
To prove that any of the other parties involved in the accident were to blame, it is important that you document everything. Every detail is important when filing your claim with the insurance company and it is crucial that you relay all of them to your motorcycle accident lawyer. Your evidence will prove the fault of the other driver and provide an accurate estimate of how much your compensation should be worth.
How to Document the Details After a Car Accident
Your motorcycle accident attorneys will work hard to help you prove that you are not at fault for the accident, ensuring that you can claim the full amount of compensation to cover your damages. Be sure that you are able to answer the following questions during your consultation with your motorcycle accident lawyer in Boise, Idaho:
Where and when did the crash occur?
How did the crash happen? Describe events leading up the accident, and ensure that you have photos of the scene.
Who was involved?
Were there any witness?
How were you injured?
Are there any long-term injuries?
What treatment did you receive at the hospital?
Has the accident cause any additional difficulties in your life? For example, have you had to miss work, or pay any medical bills?
Once the team of dedicated motorcycle accident lawyers at Joe Frick Injury have collected all of these details, we will be able to let you know the course of action that you should take. Whether you should file a personal injury claim or file a lawsuit against any of the other parties, your motorcycle accident attorney will be with you every step of the way.
Common Causes of Motorcycle Accidents in Boise, Idaho
Motorcycles are risky vehicles to operate with higher accident and fatality rates than cars. These are some of the most common causes of motorcycle accidents:
Dangerous road conditions. In inclement weather, driving becomes more dangerous, and you are at greater risk of being involved in a collision. Unsafe road conditions may also be caused by potholes and a lack of necessary road signs.
Speeding. When speeding, a driver’s vision and reaction time are impaired.
Lane splitting. A common practice among motorcycle drivers, this involves driving between two lanes of traffic.
Unsafe lane changes. Drivers risk colliding with motorcyclists when they fail to indicate or check their blind spot.
Defective vehicle parts. If a certain part of your vehicle is not working properly, your motorcycle is at severe risk while on the road. In these cases, the manufacturer of the part may be held liable for the accident.
Other drivers. In many situations, it is not the motorcycle driver who is at fault. Other cars and vehicles are a major cause of motorcycle accidents due to impaired and reckless driving.
No matter the cause of your crash, an experienced motorcycle accident lawyer will be able to help you claim compensation for any damages that you have experienced.
Can I File a Claim if I Was Lane Splitting?
Lane-splitting is a common practice among motorcycle operators. It involves riding your vehicle between lanes of stopped or slow-moving traffic. In Idaho, and many states across America, lane-splitting is unlawful. If you have been found to be engaging in lane-splitting at the time of your accident, you are not eligible to seek compensation.
However, if you believe that there were other factors that contributed to the accident, a motorcycle accident attorney can help you claim for damages. They will help you identify any other risks on the road or negligent behavior by other drivers that may help you make a successful claim for compensation.
How to Claim Motorcycle Accident Damages Due to a Defective Vehicle
Motorcycle crashes can be caused by any number of factors, and despite what many people may think, it is not always the motorist’s own reckless driving that is to blame. In some cases, a motor vehicle accident will neither be your fault nor the fault of the other driver. Defective parts are a common cause of motorcycle accidents and you can claim any damages from the manufacturer for the product.
Manufacturers and sellers can be held liable in cases where their own defective product was the cause of an accident. If this is the case, then you may be able to file a lawsuit against the company. There are several different theories of liability:
Defective design. The vehicle had a dangerous design in spite of other, safer alternatives.
Defective manufacture. There was a flaw in the production of the vehicle that caused it to be dangerous.
Failure to Warn. The manufacturer or seller did not warn drivers about known risks or failed to provide suitable instructions for operating the vehicle.
Misrepresentation. The manufacturer or seller made unproven claims about the safety of their product or failed to disclose important information to drivers.
It is also possible for a service shop to be liable for your motorcycle accident. Even when a fully-working part is replaced or perfectly safe vehicle is repaired, faulty work by your service shop can put you at risk. Your motorcycle accident lawyer will help to determine if this is the case.
When the manufacturer or seller of your vehicle or its parts are liable in your collision, it is important to get in touch with an experienced legal team. Motorcycle accident lawyers will be able to dig through the details to determine exactly who was at fault in your accident and from which party you should seek compensation for your damages.
Is a Motorcycle Passenger Entitled to Compensation from Accidents?
Having a passenger on the back of your motorcycle changes the way your vehicle handles and balances. As such, it is important to be aware of the risks, which include being thrown off of the back of the motorcycle and falling during a turn. In most cases, the passenger will receive 100% compensation as they will very rarely be at fault for the accident.
However, there are some instances in which their compensation may be reduced due to their own negligence. One common example is failing to wear a helmet. If the passenger sustained a head injury, their compensation may be reduced if they were not wearing a helmet at the time of the accident. Another instance is when the passenger is aware that the driver is under the influence of drugs or alcohol. If they willingly got onto the vehicle, then they may have contributed negligence which could result in a reduction of their compensation.
If you had a passenger in your vehicle at the time of the accident who sustained injuries, they should be entitled to compensation, as well. Ensure that you put them in touch with experienced motorcycle accident attorneys in Boise, Idaho to ensure that they can file for any damages and injuries that they sustained.
Claiming Damages After a Motorcycle Accident
As a motorcycle driver, you are more likely to face severe injuries than the driver of a standard car. The damages can be twice as expensive as the average cost of motorcycle accidents at $4569, compared to the cost of car accidents at $2349. That’s why it is important that you’re able to ensure maximum compensation if you are ever involved in a crash. Experienced motorcycle accident lawyers can help you claim for:
Medical treatment. If you experience injuries that require treatment by medical professionals, then you can claim compensation for those expenses. Whether you need long-term or short-term treatment, the damages you claim may cover these costs.
Loss of income. After being involved in an accident, you may be unable to work for a period of time. You can claim for the lost wages that you incur as a result of the accident.
Vehicle damage. It is likely that your vehicle will be damaged after being involved in a motorcycle accident. No matter how small or large the damage is, you can claim for the cost of repairs and replacements.
An experienced motorcycle accident lawyer will be able to help you claim the full damages that you suffered as a result of the collision. You are entitled to receive compensation for your injuries and any other costs incurred, so be sure to reach out to motorcycle accident attorneys who are knowledgeable about this particular type of collision.
How Are Damages for Pain and Suffering Calculated?
Motor vehicle accidents can be a major cause of traumatic stress, and almost 9% of survivors develop post-traumatic stress disorder (PTSD). After the crash, if you find that you are experiencing any of the following symptoms, you may be suffering from this condition:
Sleep loss
Nightmares
Irritability
Social withdrawal
Chronic fatigue
Obsessive behaviors
Feelings of loneliness or feeling overwhelmed
Weight fluctuation
The onset of PTSD after a motorcycle accident may entitle you to claim for “pain and suffering” damages. In many cases, these are non-financial damages that don’t have a price tag on them, like medical bills or vehicle repairs. There are many different ways to evaluate pain and suffering damages.
The Multiplier Method. In some cases, your motorcycle accident lawyer will calculate pain and suffering losses based on the multiplier method. They will add up the cost of your medical bills and total economic damages, then multiply them. The multiplier can be anywhere from 1.5 to 5, which will depend on a number of factors, such as:
Whether you had a prolonged recovery
How painful and traumatic your injuries are
If a physician clearly indicates that you will have recurring problems as a result of your injury
So, if your accident was just a fender-bender, then your multiplier may only be 1.5. The same applies if it cannot be proven that the other driver was entirely at fault for the accident. However, if you were involved in a more serious accident, then a higher multiplier would be applied.
The Day Rate Method. Using this method, motorcycle accident attorneys will assign a monetary amount to each day following your car accident. For example, if you were in a car accident on January 5, and your physicians confirm that you have recovered by May 20, then you may be entitled to 125 days of compensation.
The daily rate is usually a “reasonable” amount based on your actual earnings. If you make $25,000 per year, that works out to $100 per day for each of the 250 working days in the year. If you multiply that by your day rate, then you can claim that money as part of your pain and suffering compensation.
Regardless of what method your motorcycle accident lawyer decides on, they will ensure that it aims to provide you with the maximum amount of compensation you are entitled to. The dedicated and experienced team at Joe Frick Injury will work hard to ensure that you can claim for any pain and suffering that you have underdone due to your collision.
What to Do if You’re Involved in a Motorcycle Accident
Should you ever be involved in a motorcycle accident, we know how traumatic the experience is. You’ll be in shock immediately after, which may impair your ability to take the proper measures in ensuring that you can make a successful claim for any damages incurred. To make sure that your motorcycle accident attorney has everything they need, here is a list of actions you should take at the scene of the crash:
Obtain the full contact details of all parties involved in the accident, as well as any witnesses
Get the license and registration details of all drivers involved
Report the accident to the police
Take pictures of the damage and the scene of the accident
Go to the hospital to have your injuries documented
Call a motorcycle accident lawyer to help you file your claim
If you’re too distressed by the entire ordeal, be sure to call a friend or family member to help you document all of these details. They are crucial to helping you make a claim and important for your motorcycle accident lawyer to have while helping you with your case.
Should I File a Lawsuit for My Boise, Idaho Motorcycle Accident?
The insurance of the responsible party should cover the costs, by sometimes it may be necessary to file a lawsuit to obtain the full compensation for your injuries and repairs to your vehicle. This is usually the case when the manufacturer or seller of your vehicle is responsible for distributing a faulty product and thus liable for the accident.
However, you may also need to file a lawsuit if you did not receive the full amount of damages you were entitled to. In Idaho, your contribution to the fault of the accident can reduce your compensation. So, for example, if it was deemed that you were 15% responsible for the collision, then you will only receive 85% coverage for your damages. If your motorcycle accident lawyer deems this inadequate, you may be able to take the other party to court to reclaim some of the compensation.
Remember – the statute of limitations for filing a personal injury lawsuit in Idaho is two years. So it is important to file your insurance claims as quickly as possible in the event that you may need to enlist in the help of a motorcycle accident attorney in court at a later date.
Get In Touch With Experienced Motorcycle Accident Attorneys
If you’re involved in a collision while riding your motorcycle, be sure to trust an attorney who is experienced with these kinds of cases to help you obtain the maximum amount of compensation that you are entitled to. The legal team of motorcycle accident lawyers at Joe Frick Injury offices are here to help and support you as you navigate this stressful situation and we will aim to ensure that your damages are fully covered.
Motorcycle Accident FAQs
In order to establish fault after a motorcycle accident, it is critical to conduct an investigation as soon as possible. Skid marks on the road, the damage to your bike and the vehicle that hit you, and other forms of evidence can all disappear if not photographed and collected promptly. In addition, it may be necessary to subpoena the driver’s phone records or obtain a copy of the accident report to help prove that the driver was distracted or drunk at the time of the accident. There are many other ways to prove fault as well, and the key is to conduct a prompt and thorough investigation.
Boise Motorcycle Accident Lawyer
Being involved in a motorcycle accident can be a harrowing experience. No matter what type of injuries you sustain, the sheer shock of the situation can render you incapacitated and unable to adequately deal with the legal aftermath. If you are hurt in the accident, you are entitled to claim for damages to your vehicle, injuries that your body has endured, mental trauma you have experienced, and other losses that you have sustained. An experienced Boise motorcycle accident lawyer can help you file for these claims and obtain compensation that will help you move forward with your life after this traumatic event.
Can I File for Compensation After a Motorcycle Accident in Boise, Idaho?
When it comes to motor vehicle accidents, Idaho is a proportional comparative fault state. This means that a percentage is assigned to each party involved in the accident based on their role in the collision. An injured party who is less than 50% at fault is entitled to compensation. If you were 50% or more at fault, then you will not be able to file for any damages.
To prove that any of the other parties involved in the accident were to blame, it is important that you document everything. Every detail is important when filing your claim with the insurance company and it is crucial that you relay all of them to your motorcycle accident lawyer. Your evidence will prove the fault of the other driver and provide an accurate estimate of how much your compensation should be worth.
How to Document the Details After a Car Accident
Your motorcycle accident attorneys will work hard to help you prove that you are not at fault for the accident, ensuring that you can claim the full amount of compensation to cover your damages. Be sure that you are able to answer the following questions during your consultation with your motorcycle accident lawyer in Boise, Idaho:
Where and when did the crash occur?
How did the crash happen? Describe events leading up the accident, and ensure that you have photos of the scene.
Who was involved?
Were there any witness?
How were you injured?
Are there any long-term injuries?
What treatment did you receive at the hospital?
Has the accident cause any additional difficulties in your life? For example, have you had to miss work, or pay any medical bills?
Once the team of dedicated motorcycle accident lawyers at Joe Frick Injury have collected all of these details, we will be able to let you know the course of action that you should take. Whether you should file a personal injury claim or file a lawsuit against any of the other parties, your motorcycle accident attorney will be with you every step of the way.
Common Causes of Motorcycle Accidents in Boise, Idaho
Motorcycles are risky vehicles to operate with higher accident and fatality rates than cars. These are some of the most common causes of motorcycle accidents:
Dangerous road conditions. In inclement weather, driving becomes more dangerous, and you are at greater risk of being involved in a collision. Unsafe road conditions may also be caused by potholes and a lack of necessary road signs.
Speeding. When speeding, a driver’s vision and reaction time are impaired.
Lane splitting. A common practice among motorcycle drivers, this involves driving between two lanes of traffic.
Unsafe lane changes. Drivers risk colliding with motorcyclists when they fail to indicate or check their blind spot.
Defective vehicle parts. If a certain part of your vehicle is not working properly, your motorcycle is at severe risk while on the road. In these cases, the manufacturer of the part may be held liable for the accident.
Other drivers. In many situations, it is not the motorcycle driver who is at fault. Other cars and vehicles are a major cause of motorcycle accidents due to impaired and reckless driving.
No matter the cause of your crash, an experienced motorcycle accident lawyer will be able to help you claim compensation for any damages that you have experienced.
Can I File a Claim if I Was Lane Splitting?
Lane-splitting is a common practice among motorcycle operators. It involves riding your vehicle between lanes of stopped or slow-moving traffic. In Idaho, and many states across America, lane-splitting is unlawful. If you have been found to be engaging in lane-splitting at the time of your accident, you are not eligible to seek compensation.
However, if you believe that there were other factors that contributed to the accident, a motorcycle accident attorney can help you claim for damages. They will help you identify any other risks on the road or negligent behavior by other drivers that may help you make a successful claim for compensation.
How to Claim Motorcycle Accident Damages Due to a Defective Vehicle
Motorcycle crashes can be caused by any number of factors, and despite what many people may think, it is not always the motorist’s own reckless driving that is to blame. In some cases, a motor vehicle accident will neither be your fault nor the fault of the other driver. Defective parts are a common cause of motorcycle accidents and you can claim any damages from the manufacturer for the product.
Manufacturers and sellers can be held liable in cases where their own defective product was the cause of an accident. If this is the case, then you may be able to file a lawsuit against the company. There are several different theories of liability:
Defective design. The vehicle had a dangerous design in spite of other, safer alternatives.
Defective manufacture. There was a flaw in the production of the vehicle that caused it to be dangerous.
Failure to Warn. The manufacturer or seller did not warn drivers about known risks or failed to provide suitable instructions for operating the vehicle.
Misrepresentation. The manufacturer or seller made unproven claims about the safety of their product or failed to disclose important information to drivers.
It is also possible for a service shop to be liable for your motorcycle accident. Even when a fully-working part is replaced or perfectly safe vehicle is repaired, faulty work by your service shop can put you at risk. Your motorcycle accident lawyer will help to determine if this is the case.
When the manufacturer or seller of your vehicle or its parts are liable in your collision, it is important to get in touch with an experienced legal team. Motorcycle accident lawyers will be able to dig through the details to determine exactly who was at fault in your accident and from which party you should seek compensation for your damages.
Is a Motorcycle Passenger Entitled to Compensation from Accidents?
Having a passenger on the back of your motorcycle changes the way your vehicle handles and balances. As such, it is important to be aware of the risks, which include being thrown off of the back of the motorcycle and falling during a turn. In most cases, the passenger will receive 100% compensation as they will very rarely be at fault for the accident.
However, there are some instances in which their compensation may be reduced due to their own negligence. One common example is failing to wear a helmet. If the passenger sustained a head injury, their compensation may be reduced if they were not wearing a helmet at the time of the accident. Another instance is when the passenger is aware that the driver is under the influence of drugs or alcohol. If they willingly got onto the vehicle, then they may have contributed negligence which could result in a reduction of their compensation.
If you had a passenger in your vehicle at the time of the accident who sustained injuries, they should be entitled to compensation, as well. Ensure that you put them in touch with experienced motorcycle accident attorneys in Boise, Idaho to ensure that they can file for any damages and injuries that they sustained.
Claiming Damages After a Motorcycle Accident
As a motorcycle driver, you are more likely to face severe injuries than the driver of a standard car. The damages can be twice as expensive as the average cost of motorcycle accidents at $4569, compared to the cost of car accidents at $2349. That’s why it is important that you’re able to ensure maximum compensation if you are ever involved in a crash. Experienced motorcycle accident lawyers can help you claim for:
Medical treatment. If you experience injuries that require treatment by medical professionals, then you can claim compensation for those expenses. Whether you need long-term or short-term treatment, the damages you claim may cover these costs.
Loss of income. After being involved in an accident, you may be unable to work for a period of time. You can claim for the lost wages that you incur as a result of the accident.
Vehicle damage. It is likely that your vehicle will be damaged after being involved in a motorcycle accident. No matter how small or large the damage is, you can claim for the cost of repairs and replacements.
An experienced motorcycle accident lawyer will be able to help you claim the full damages that you suffered as a result of the collision. You are entitled to receive compensation for your injuries and any other costs incurred, so be sure to reach out to motorcycle accident attorneys who are knowledgeable about this particular type of collision.
How Are Damages for Pain and Suffering Calculated?
Motor vehicle accidents can be a major cause of traumatic stress, and almost 9% of survivors develop post-traumatic stress disorder (PTSD). After the crash, if you find that you are experiencing any of the following symptoms, you may be suffering from this condition:
Sleep loss
Nightmares
Irritability
Social withdrawal
Chronic fatigue
Obsessive behaviors
Feelings of loneliness or feeling overwhelmed
Weight fluctuation
The onset of PTSD after a motorcycle accident may entitle you to claim for “pain and suffering” damages. In many cases, these are non-financial damages that don’t have a price tag on them, like medical bills or vehicle repairs. There are many different ways to evaluate pain and suffering damages.
The Multiplier Method. In some cases, your motorcycle accident lawyer will calculate pain and suffering losses based on the multiplier method. They will add up the cost of your medical bills and total economic damages, then multiply them. The multiplier can be anywhere from 1.5 to 5, which will depend on a number of factors, such as:
Whether you had a prolonged recovery
How painful and traumatic your injuries are
If a physician clearly indicates that you will have recurring problems as a result of your injury
So, if your accident was just a fender-bender, then your multiplier may only be 1.5. The same applies if it cannot be proven that the other driver was entirely at fault for the accident. However, if you were involved in a more serious accident, then a higher multiplier would be applied.
The Day Rate Method. Using this method, motorcycle accident attorneys will assign a monetary amount to each day following your car accident. For example, if you were in a car accident on January 5, and your physicians confirm that you have recovered by May 20, then you may be entitled to 125 days of compensation.
The daily rate is usually a “reasonable” amount based on your actual earnings. If you make $25,000 per year, that works out to $100 per day for each of the 250 working days in the year. If you multiply that by your day rate, then you can claim that money as part of your pain and suffering compensation.
Regardless of what method your motorcycle accident lawyer decides on, they will ensure that it aims to provide you with the maximum amount of compensation you are entitled to. The dedicated and experienced team at Joe Frick Injury will work hard to ensure that you can claim for any pain and suffering that you have underdone due to your collision.
What to Do if You’re Involved in a Motorcycle Accident
Should you ever be involved in a motorcycle accident, we know how traumatic the experience is. You’ll be in shock immediately after, which may impair your ability to take the proper measures in ensuring that you can make a successful claim for any damages incurred. To make sure that your motorcycle accident attorney has everything they need, here is a list of actions you should take at the scene of the crash:
Obtain the full contact details of all parties involved in the accident, as well as any witnesses
Get the license and registration details of all drivers involved
Report the accident to the police
Take pictures of the damage and the scene of the accident
Go to the hospital to have your injuries documented
Call a motorcycle accident lawyer to help you file your claim
If you’re too distressed by the entire ordeal, be sure to call a friend or family member to help you document all of these details. They are crucial to helping you make a claim and important for your motorcycle accident lawyer to have while helping you with your case.
Should I File a Lawsuit for My Boise, Idaho Motorcycle Accident?
The insurance of the responsible party should cover the costs, by sometimes it may be necessary to file a lawsuit to obtain the full compensation for your injuries and repairs to your vehicle. This is usually the case when the manufacturer or seller of your vehicle is responsible for distributing a faulty product and thus liable for the accident.
However, you may also need to file a lawsuit if you did not receive the full amount of damages you were entitled to. In Idaho, your contribution to the fault of the accident can reduce your compensation. So, for example, if it was deemed that you were 15% responsible for the collision, then you will only receive 85% coverage for your damages. If your motorcycle accident lawyer deems this inadequate, you may be able to take the other party to court to reclaim some of the compensation.
Remember – the statute of limitations for filing a personal injury lawsuit in Idaho is two years. So it is important to file your insurance claims as quickly as possible in the event that you may need to enlist in the help of a motorcycle accident attorney in court at a later date.
Get In Touch With Experienced Motorcycle Accident Attorneys
If you’re involved in a collision while riding your motorcycle, be sure to trust an attorney who is experienced with these kinds of cases to help you obtain the maximum amount of compensation that you are entitled to. The legal team of motorcycle accident lawyers at Joe Frick Injury offices are here to help and support you as you navigate this stressful situation and we will aim to ensure that your damages are fully covered.
Motorcycle Accident FAQs
In order to establish fault after a motorcycle accident, it is critical to conduct an investigation as soon as possible. Skid marks on the road, the damage to your bike and the vehicle that hit you, and other forms of evidence can all disappear if not photographed and collected promptly. In addition, it may be necessary to subpoena the driver’s phone records or obtain a copy of the accident report to help prove that the driver was distracted or drunk at the time of the accident. There are many other ways to prove fault as well, and the key is to conduct a prompt and thorough investigation.
Boise Motorcycle Accident Lawyer
Being involved in a motorcycle accident can be a harrowing experience. No matter what type of injuries you sustain, the sheer shock of the situation can render you incapacitated and unable to adequately deal with the legal aftermath. If you are hurt in the accident, you are entitled to claim for damages to your vehicle, injuries that your body has endured, mental trauma you have experienced, and other losses that you have sustained. An experienced Boise motorcycle accident lawyer can help you file for these claims and obtain compensation that will help you move forward with your life after this traumatic event.
Can I File for Compensation After a Motorcycle Accident in Boise, Idaho?
When it comes to motor vehicle accidents, Idaho is a proportional comparative fault state. This means that a percentage is assigned to each party involved in the accident based on their role in the collision. An injured party who is less than 50% at fault is entitled to compensation. If you were 50% or more at fault, then you will not be able to file for any damages.
To prove that any of the other parties involved in the accident were to blame, it is important that you document everything. Every detail is important when filing your claim with the insurance company and it is crucial that you relay all of them to your motorcycle accident lawyer. Your evidence will prove the fault of the other driver and provide an accurate estimate of how much your compensation should be worth.
How to Document the Details After a Car Accident
Your motorcycle accident attorneys will work hard to help you prove that you are not at fault for the accident, ensuring that you can claim the full amount of compensation to cover your damages. Be sure that you are able to answer the following questions during your consultation with your motorcycle accident lawyer in Boise, Idaho:
Where and when did the crash occur?
How did the crash happen? Describe events leading up the accident, and ensure that you have photos of the scene.
Who was involved?
Were there any witness?
How were you injured?
Are there any long-term injuries?
What treatment did you receive at the hospital?
Has the accident cause any additional difficulties in your life? For example, have you had to miss work, or pay any medical bills?
Once the team of dedicated motorcycle accident lawyers at Joe Frick Injury have collected all of these details, we will be able to let you know the course of action that you should take. Whether you should file a personal injury claim or file a lawsuit against any of the other parties, your motorcycle accident attorney will be with you every step of the way.
Common Causes of Motorcycle Accidents in Boise, Idaho
Motorcycles are risky vehicles to operate with higher accident and fatality rates than cars. These are some of the most common causes of motorcycle accidents:
Dangerous road conditions. In inclement weather, driving becomes more dangerous, and you are at greater risk of being involved in a collision. Unsafe road conditions may also be caused by potholes and a lack of necessary road signs.
Speeding. When speeding, a driver’s vision and reaction time are impaired.
Lane splitting. A common practice among motorcycle drivers, this involves driving between two lanes of traffic.
Unsafe lane changes. Drivers risk colliding with motorcyclists when they fail to indicate or check their blind spot.
Defective vehicle parts. If a certain part of your vehicle is not working properly, your motorcycle is at severe risk while on the road. In these cases, the manufacturer of the part may be held liable for the accident.
Other drivers. In many situations, it is not the motorcycle driver who is at fault. Other cars and vehicles are a major cause of motorcycle accidents due to impaired and reckless driving.
No matter the cause of your crash, an experienced motorcycle accident lawyer will be able to help you claim compensation for any damages that you have experienced.
Can I File a Claim if I Was Lane Splitting?
Lane-splitting is a common practice among motorcycle operators. It involves riding your vehicle between lanes of stopped or slow-moving traffic. In Idaho, and many states across America, lane-splitting is unlawful. If you have been found to be engaging in lane-splitting at the time of your accident, you are not eligible to seek compensation.
However, if you believe that there were other factors that contributed to the accident, a motorcycle accident attorney can help you claim for damages. They will help you identify any other risks on the road or negligent behavior by other drivers that may help you make a successful claim for compensation.
How to Claim Motorcycle Accident Damages Due to a Defective Vehicle
Motorcycle crashes can be caused by any number of factors, and despite what many people may think, it is not always the motorist’s own reckless driving that is to blame. In some cases, a motor vehicle accident will neither be your fault nor the fault of the other driver. Defective parts are a common cause of motorcycle accidents and you can claim any damages from the manufacturer for the product.
Manufacturers and sellers can be held liable in cases where their own defective product was the cause of an accident. If this is the case, then you may be able to file a lawsuit against the company. There are several different theories of liability:
Defective design. The vehicle had a dangerous design in spite of other, safer alternatives.
Defective manufacture. There was a flaw in the production of the vehicle that caused it to be dangerous.
Failure to Warn. The manufacturer or seller did not warn drivers about known risks or failed to provide suitable instructions for operating the vehicle.
Misrepresentation. The manufacturer or seller made unproven claims about the safety of their product or failed to disclose important information to drivers.
It is also possible for a service shop to be liable for your motorcycle accident. Even when a fully-working part is replaced or perfectly safe vehicle is repaired, faulty work by your service shop can put you at risk. Your motorcycle accident lawyer will help to determine if this is the case.
When the manufacturer or seller of your vehicle or its parts are liable in your collision, it is important to get in touch with an experienced legal team. Motorcycle accident lawyers will be able to dig through the details to determine exactly who was at fault in your accident and from which party you should seek compensation for your damages.
Is a Motorcycle Passenger Entitled to Compensation from Accidents?
Having a passenger on the back of your motorcycle changes the way your vehicle handles and balances. As such, it is important to be aware of the risks, which include being thrown off of the back of the motorcycle and falling during a turn. In most cases, the passenger will receive 100% compensation as they will very rarely be at fault for the accident.
However, there are some instances in which their compensation may be reduced due to their own negligence. One common example is failing to wear a helmet. If the passenger sustained a head injury, their compensation may be reduced if they were not wearing a helmet at the time of the accident. Another instance is when the passenger is aware that the driver is under the influence of drugs or alcohol. If they willingly got onto the vehicle, then they may have contributed negligence which could result in a reduction of their compensation.
If you had a passenger in your vehicle at the time of the accident who sustained injuries, they should be entitled to compensation, as well. Ensure that you put them in touch with experienced motorcycle accident attorneys in Boise, Idaho to ensure that they can file for any damages and injuries that they sustained.
Claiming Damages After a Motorcycle Accident
As a motorcycle driver, you are more likely to face severe injuries than the driver of a standard car. The damages can be twice as expensive as the average cost of motorcycle accidents at $4569, compared to the cost of car accidents at $2349. That’s why it is important that you’re able to ensure maximum compensation if you are ever involved in a crash. Experienced motorcycle accident lawyers can help you claim for:
Medical treatment. If you experience injuries that require treatment by medical professionals, then you can claim compensation for those expenses. Whether you need long-term or short-term treatment, the damages you claim may cover these costs.
Loss of income. After being involved in an accident, you may be unable to work for a period of time. You can claim for the lost wages that you incur as a result of the accident.
Vehicle damage. It is likely that your vehicle will be damaged after being involved in a motorcycle accident. No matter how small or large the damage is, you can claim for the cost of repairs and replacements.
An experienced motorcycle accident lawyer will be able to help you claim the full damages that you suffered as a result of the collision. You are entitled to receive compensation for your injuries and any other costs incurred, so be sure to reach out to motorcycle accident attorneys who are knowledgeable about this particular type of collision.
How Are Damages for Pain and Suffering Calculated?
Motor vehicle accidents can be a major cause of traumatic stress, and almost 9% of survivors develop post-traumatic stress disorder (PTSD). After the crash, if you find that you are experiencing any of the following symptoms, you may be suffering from this condition:
Sleep loss
Nightmares
Irritability
Social withdrawal
Chronic fatigue
Obsessive behaviors
Feelings of loneliness or feeling overwhelmed
Weight fluctuation
The onset of PTSD after a motorcycle accident may entitle you to claim for “pain and suffering” damages. In many cases, these are non-financial damages that don’t have a price tag on them, like medical bills or vehicle repairs. There are many different ways to evaluate pain and suffering damages.
The Multiplier Method. In some cases, your motorcycle accident lawyer will calculate pain and suffering losses based on the multiplier method. They will add up the cost of your medical bills and total economic damages, then multiply them. The multiplier can be anywhere from 1.5 to 5, which will depend on a number of factors, such as:
Whether you had a prolonged recovery
How painful and traumatic your injuries are
If a physician clearly indicates that you will have recurring problems as a result of your injury
So, if your accident was just a fender-bender, then your multiplier may only be 1.5. The same applies if it cannot be proven that the other driver was entirely at fault for the accident. However, if you were involved in a more serious accident, then a higher multiplier would be applied.
The Day Rate Method. Using this method, motorcycle accident attorneys will assign a monetary amount to each day following your car accident. For example, if you were in a car accident on January 5, and your physicians confirm that you have recovered by May 20, then you may be entitled to 125 days of compensation.
The daily rate is usually a “reasonable” amount based on your actual earnings. If you make $25,000 per year, that works out to $100 per day for each of the 250 working days in the year. If you multiply that by your day rate, then you can claim that money as part of your pain and suffering compensation.
Regardless of what method your motorcycle accident lawyer decides on, they will ensure that it aims to provide you with the maximum amount of compensation you are entitled to. The dedicated and experienced team at Joe Frick Injury will work hard to ensure that you can claim for any pain and suffering that you have underdone due to your collision.
What to Do if You’re Involved in a Motorcycle Accident
Should you ever be involved in a motorcycle accident, we know how traumatic the experience is. You’ll be in shock immediately after, which may impair your ability to take the proper measures in ensuring that you can make a successful claim for any damages incurred. To make sure that your motorcycle accident attorney has everything they need, here is a list of actions you should take at the scene of the crash:
Obtain the full contact details of all parties involved in the accident, as well as any witnesses
Get the license and registration details of all drivers involved
Report the accident to the police
Take pictures of the damage and the scene of the accident
Go to the hospital to have your injuries documented
Call a motorcycle accident lawyer to help you file your claim
If you’re too distressed by the entire ordeal, be sure to call a friend or family member to help you document all of these details. They are crucial to helping you make a claim and important for your motorcycle accident lawyer to have while helping you with your case.
Should I File a Lawsuit for My Boise, Idaho Motorcycle Accident?
The insurance of the responsible party should cover the costs, by sometimes it may be necessary to file a lawsuit to obtain the full compensation for your injuries and repairs to your vehicle. This is usually the case when the manufacturer or seller of your vehicle is responsible for distributing a faulty product and thus liable for the accident.
However, you may also need to file a lawsuit if you did not receive the full amount of damages you were entitled to. In Idaho, your contribution to the fault of the accident can reduce your compensation. So, for example, if it was deemed that you were 15% responsible for the collision, then you will only receive 85% coverage for your damages. If your motorcycle accident lawyer deems this inadequate, you may be able to take the other party to court to reclaim some of the compensation.
Remember – the statute of limitations for filing a personal injury lawsuit in Idaho is two years. So it is important to file your insurance claims as quickly as possible in the event that you may need to enlist in the help of a motorcycle accident attorney in court at a later date.
Get In Touch With Experienced Motorcycle Accident Attorneys
If you’re involved in a collision while riding your motorcycle, be sure to trust an attorney who is experienced with these kinds of cases to help you obtain the maximum amount of compensation that you are entitled to. The legal team of motorcycle accident lawyers at Joe Frick Injury offices are here to help and support you as you navigate this stressful situation and we will aim to ensure that your damages are fully covered.
Motorcycle Accident FAQs
In order to establish fault after a motorcycle accident, it is critical to conduct an investigation as soon as possible. Skid marks on the road, the damage to your bike and the vehicle that hit you, and other forms of evidence can all disappear if not photographed and collected promptly. In addition, it may be necessary to subpoena the driver’s phone records or obtain a copy of the accident report to help prove that the driver was distracted or drunk at the time of the accident. There are many other ways to prove fault as well, and the key is to conduct a prompt and thorough investigation.
