Motorcycle Accident Lawyer in Fairfield, CT
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Riding a motorcycle can be one of the most exhilarating experiences in life. Unfortunately, when a rider is involved in a motorcycle crash, the consequences can be devastating. You may be wondering about hiring a Fairfield motorcycle accident lawyer. Finding an experienced personal injury lawyer in Fairfield is crucial to guide you through these tough times.
In this article, we will answer your motorcycle accident FAQ, discuss the causes of motorcycle accidents, describe the typical injuries in a motorcycle accident, and discuss things to consider before hiring a lawyer.
Do you need a Fairfield motorcycle accident lawyer?
If you were involved in a motorcycle accident, you might be tempted to settle your case without a lawyer. This is not a terrible idea if you suffered no physical injuries.
If you are simply trying to get a property damage deductible reimbursed, settling your own case is no problem.
Motorcycle accident attorneys are helpful because the other driver’s insurance company will try to play games with you and get you to settle cheaply.
If another driver caused your accident, you could be entitled to compensation. You will need to file a personal injury claim against the at-fault driver’s insurance company to receive that compensation.
What can a Fairfield motorcycle accident attorney do for your case?
An attorney can assist you by:
- Proving your motorcycle accident claim in court by hiring accident reconstruction experts
- Locating all available pots of money for your recovery (not just auto insurance)
- Helping locate doctors who will treat your injuries
- Ensuring your medical bills are paid
- Negotiating your motorcycle accident claim with insurance adjusters and getting fair compensation.
Insurance company roadblocks to paying a motorcycle accident claim
Unfortunately, insurance companies will do everything to avoid paying full value on motorcycle injury claims. Common insurance company tactics include:
- Minimizing your injuries as “only soft-tissue”
- Arguing that your injuries are not from the accident but from something preexisting.
- Shifting blame onto you for the accident
- Lowballing you after the crash in hopes of getting a cheap settlement
- Persuading you that you don’t need a lawyer
Insurance companies and their defense lawyers like to blame motorcyclists for accidents by arguing or implying that the biker was speeding. Sometimes, they are right if the official police report finds that you were speeding. But oftentimes it’s simply a made-up argument for trial.
If you hire an experienced and competent Fairfield motorcycle accident attorney, you will likely have an expert on your side to dispute unfounded claims that you were speeding.
If an insurance company is hassling you about the crash and asks you to sign any forms, just say no. Even if you decline to pursue a claim, you should still search for a Fairfield motorcycle accident lawyer to evaluate your options.
Because insurance companies often use unfair tactics to get you to settle your motorcycle accident case quickly, it’s almost always a good idea to contact an attorney. If you hire a Fairfield motorcycle accident law firm, insurance companies will be forced to negotiate through your lawyer, giving you the time to focus on healing.
Common causes of motorcycle accidents
In Connecticut, motorcyclists have a right to their own lane of traffic. If a car moves into your lane space and makes contact with you, they have violated the vehicle-traffic rules and are negligent. Below are some other causes of motorcycle accidents:
Lane splitting
Lane splitting is dangerous and illegal under Connecticut law. The risk of fatal injuries, broken bones, and other serious injuries goes up dramatically when bikers lane-split. If the police at the accident scene determine you are guilty of lane-splitting, it will hurt your chances to recover compensation.
Left-hand turns
Drivers notoriously underestimate how fast a motorcycle goes. For this reason, when drivers see a motorcycle coming in the opposite lane of traffic, they might underestimate how much time there is to make a left-hand turn.
When a driver makes a left-hand turn without being sure the lane is clear, they are negligent. Failing to yield is against the law.
Alcohol and speeding
Driving under the influence and speeding are two common causes of motorcycle accidents. These factors are even more pronounced in a motorcycle crash. Because the margin of error is so much smaller around a motorcycle, if either motorist is under the influence or driving too fast, the risk of a crash goes up exponentially.
Following too closely to a motorcycle
In Connecticut, vehicles must be driven a reasonable distance apart. When cars tailgate motorcycle riders, they create a highly dangerous situation and are liable for negligence if they make contact with the motorcycle.
Injuries from motorcycle accidents
In a typical motor vehicle accident, the occupants are protected by the car’s metal frame, seatbelts, and airbags.
But motorcyclists have no such protection. For those reasons, a motorcycle crash causes much more damage on average than a car v. car collision.
In fact, motorcycle accident victims are 27 times more likely to die in a crash than those in a passenger vehicle. Some other common injuries from a motorcycle crash are:
Traumatic brain injuries from motorcycle accidents
When a motorcyclist is ejected from their bike, there is usually head trauma. Even if wearing a helmet, the sudden impact on the head causes the brain to swish around the skull like Jello.
This act alone causes the axons of the brain to shear (break apart), which can cause a concussion.
A concussion is technically a mild traumatic brain injury. If the injured person is knocked unconscious or suffers a skull fracture, they may have a moderate or severe brain injury.
Traumatic brain injuries are extremely serious injuries that can lead to devastating long-term consequences.
Fractures
Bikers involved in motorcycle accidents frequently suffer fractures as a result of the lack of airbags. Some fractures, like mildly displaced fractures, heal normally. Other, more complex fractures, such as a comminuted fracture, involve long, painful recoveries. Given the possibility of being thrown from a bike with tremendous force, motorcycle accident victims can also suffer spinal cord injuries and skull fractures.
Amputations
Because bikers’s limbs are exposed to direct contact with cars, direct hit collisions can lead to severe injuries and to leg amputations. Further, the biker’s unprotected body can strike solitary objects like walls and poles, which can cause crushing injuries that lead to an amputation.
Road rash
When a biker is thrown from their motorcycle, their skin may scrape against the pavement. This friction causes road rash, which can lead to permanent nerve damage, infection, or disfigurement.
However, with proper medical care, mild road rash can also be effectively treated within weeks.
How a Fairfield motorcycle accident lawyer proves your claim in court
People wrongly assume that motorcyclists are reckless on the road. But that is simply not true. Most crashes are caused by the passenger car not seeing the motorcyclist. If you were injured in a motorcycle accident, you should look for qualified Fairfield motorcycle accident lawyers to help you prove your case.
Proving fault for a motorcycle accident usually requires the following information:
- Police reports
- Witness statements
- Photographs
- Measurements of skid marks and yaw marks
Your lawyers will need to show that the other driver acted carelessly behind the wheel. This involves witness testimony and documentary proof to show the driver broke the rules of the road in one of the ways described earlier.
Proving your damages
A court case involving a motorcycle accident in Connecticut also requires proof of the damages you suffered. Experienced CT motorcycle accident lawyers will have relationships with qualified medical experts to substantiate your damages.
Your motorcycle accident attorneys will submit your medical bills, lost wages, and other elements of your personal injury claim to the jury.
If you suffered head injuries, you will likely need to call a neurologist, neuropsychologist, or neuroradiologist to discuss the impact of concussion on your memory and cognition. You may need to prove the value of your future medical expenses.
Your motorcycle accident attorneys may also call one of your friends, family, and neighbors to testify as to the change in your life after the crash.
What if you were partially at fault for a motorcycle accident?
If you shared some blame in the accident, your recovery will be reduced by your percentage of fault. If you were lane-splitting, but the negligent driver also made an unsafe lane change, you might be 40% at fault for the crash. You will not be barred from recovering unless the jury finds you 51% at fault or greater.
Your Fairfield motorcycle accident attorneys will marshal all the facts in your favor to convince the jury that the other driver bears the lion’s share of the blame for the accident.
What is the statute of limitations for motorcycle accident claims in Connecticut?
For all motorcycle accidents in Connecticut, the statute of limitations is 2 years from the date of the crash.
How much are a Fairfield motorcycle accident lawyer’s fees?
Motorcycle accident law firms typically charge a contingency fee of 33.33% of your overall settlement proceeds. While the billboards and ads say “free consultation,” you will need to pay a fee to your motorcycle accident lawyer once the case settles. However, you should know that your final net proceeds from a motorcycle accident settlement are tax-free.