Did you know that a motorcycle operator is 35 times more likely to die in a traffic accident than a person in any other kind of motor vehicle? Given that motorcycles don’t offer the same level of protection as cars or other vehicles, in the event of a collision, motorcyclists are much more likely to suffer severe injuries or death.
The physical, emotional, and financial implications of a Boise motorcycle accident can be devastating. Fortunately, if your motorcycle accident was caused by the negligence of another party, you may have some rights under Idaho Law. If you or a loved one has been injured or killed in a motorcycle accident caused by the negligence of another party, you have the legal right to seek compensation for the resulting damages.
However, receiving the full and fair financial compensation that you deserve doesn’t come easy. You need an expert Boise motorcycle accident lawyer to build a solid case and secure maximum compensation. Our car accident lawyers at Boise Personal Injury Lawyers Group have long-standing experience handling such cases and we are prepared to fight for your rights to the very end. Contact us today at (208) 793-6272 to protect your legal rights.
How Can a Motorcycle Accident Lawyer Help With My Compensation Claim?
Motorcycle accident victims who choose to litigate their personal injury claims on their own rarely get the justice and financial compensation that they deserve. To ensure the best outcome in your case, it is imperative that you seek the assistance of an experienced Boise motorcycle accident attorney. Here is how a lawyer can help with your case:
Before filing a motorcycle accident claim, it is important to first establish whether you have a valid case and if it is worth pursuing the claim. A Boise motorcycle accident lawyer has experience handling such cases and will be able to establish how much your case is worth.
Investigation and Case Preparation
You need strong and sufficient evidence to prove your claim and secure maximum compensation. Our attorneys have the necessary resources to gather all the relevant evidence to build a solid case. We will also work with expert witnesses to help support our theory. We will also file all the required paperwork on time to ensure everything goes smoothly from the onset.
Most motorcycle accident cases end in settlement. This route is far much cheaper, faster, and more convenient than litigation. Your attorney will haggle with the insurance company with the end goal of achieving a favorable settlement agreement for you. We will ensure that the insurance company doesn’t take advantage of you.
If a favorable settlement agreement can’t be reached upon by the parties involved, we will prepare your case for trial. We will review the evidence, prepare a strong case, and present our argument in the most effective manner before a judge/jury.
What Are the Most Common Causes of Motorcycle Accidents?
Considering the vulnerability of motorcycle operators, it is crucial for both drivers and motorcyclists to be extra vigilant on the road and exercise safe driving to prevent motorcycle accidents.
Here are some of the common causes of motorcycle accidents:
Distracted driving is by far the most common cause of traffic accidents. When a motorist doesn’t have their attention on the road and their driving, they can fail to notice a motorcycle ahead of them.
Failure to Pay Attention to Motorcycles
Motorcycles are smaller in size compared to other road vehicles. While this makes them less noticeable, there are motorists who just disregard motorcycles on the road and don’t take extra precautions to avoid the chances of an accident.
Drunk Driving or Drugged Driving
Drunk driving, both on part of the car driver and motorcycle driver, significantly increases the risk of being involved in a motorcycle accident.
Faulty Mirrors, Brakes, or Lighting
Both vehicle owners, as well as motorcycle operators, need to ensure that their safety features and equipment are well-maintained and are functioning properly. This includes brakes, lights, mirrors, etc. When these crucial parts and systems malfunction, they increase the possibility of a motorcycle accident.
Unexpected Pedestrians in the Road
Besides other motor vehicles; humans, animals, and other obstacles on the road can also pose a significant safety risk to motorcycle riders. When a pedestrian unexpectedly moves onto the road, they can be hit causing an accident or the motorcyclist can lose control and crash trying to avoid them.
Motorcycle Accident Statistics
According to the most recent data from the Idaho Department of Transport, there were a total of 470 motorcycle crashes in the state of Idaho in 2020. While the total number of motorcycle accidents had reduced from the previous year, the number of fatalities increased by 8%.
154 motorcyclists are suspected to have suffered serious injuries while about 180 suffered minor injuries. Of the motorcyclists involved in crashes, about 56% were wearing helmets.
What Are the Motorcycle-Specific Laws in Idaho?
To legally operate a motorcycle in the state of Idaho, one must first (i) obtain a valid driver’s license (Class A, B, C, or D) and a motorcycle endorsement/instruction permit (ii), register their motorcycle and display a valid license plate (iii), and take out liability insurance.
All motorcyclists below the age of 18 years are legally required to wear a helmet while operating a motorcycle.
Motorcycle operators are only allowed to share a lane with one other motorcycle. It is illegal to share a lane with any other kind of vehicle.
When it comes to Idaho’s Red Light Law, a motorcyclist is permitted to drive through a red light after waiting for a full cycle at the light and the vehicle sensor fails to detect the motorcycle.
Motorcycle operators should not carry anything that interferes with their ability to properly hold the handlebars.
What Are the Most Common Injuries Seen in Motorcycle Accidents?
Motorcycle operators are usually at an inherently higher risk of suffering severe injuries given the design and operation of their vehicles. Even a low-speed impact can have devastating consequences for the rider.
Broken bones are some of the most common types of injuries in traffic accidents, especially motorcycle accidents. The impact of the collision can lead to broken arms, legs, and ribs.
Road rash is a type of burn injury caused by friction when the motorcycle rider’s skin scraps against the road during an accident.
Head and Brain Injuries
Traumatic brain injuries are common in motorcycle accidents. They happen when one suffers a severe blow to the head, for example, hitting the road head first. A TBI can be life-threatening and often require long-term rehabilitation.
Spinal Cord Injuries
Spinal cord injuries are another type of catastrophic injury commonly experienced in motorcycle accidents. These types of injuries require long-term rehabilitation and can leave you permanently paralyzed.
How Is Fault Determined in a Motorcycle Accident?
Fault/liability in Idaho motorcycle accident claims is based on the principle of negligence. For the defendant to be held legally accountable for the accident and resulting damages, the plaintiff has to prove the presence of all the elements of negligence:
- Duty of care: The driver owed you a reasonable standard of care in that situation.
- Breach of duty of care: The driver violated this duty of care.
- Causation: Your injuries and losses were a result of the actions of the driver.
- Damages: You suffered legally compensable damages due to the actions of the driver.
Idaho is a modified comparative negligence state, which means that you may recover damages even if you were partially at fault for the accident. However, your level of fault should be equal to or higher than the other party.
What Type of Compensation Can I Receive for My Motorcycle Accident?
When injured or harmed in a motorcycle accident caused by the negligent actions of another party, you may be able to recover different types of damages depending on the details of your case:
These help you recover monetary losses such as medical expenses, rehabilitation costs, property damage, lost income, loss of earning capacity, etc.
These are meant to compensate you for intangible and subjective losses suffered. These include pain and suffering, disfigurement, loss of limb function, emotional distress, loss of enjoyment of life, etc.
Punitive damages are awarded in cases where the other party is proven to have acted in a malicious, reckless, or intentional manner at the time of the accident.
The state of Idaho has capped the amount a plaintiff can recover in punitive damages at $250,000 or three times the amount of compensatory damages.
Why Was My Motorcycle Accident Claim Denied?
There are a number of legitimate reasons why your motorcycle accident claim may be denied by the insurance company. However, if you feel that your claim was unfairly denied, our attorneys will be able to guide you on the best course of action.
The Policy Was Canceled or Lapsed
It can happen that the driver’s policy had lapsed or had been canceled due to failure to make timely payments. In this case, the insurance company has no obligation to honor your claim.
The Driver Was Not Insured Under the Policy
It might also happen that the driver wasn’t covered by the insurance policy at the time of the accident. If they took out the insurance policy after the accident, your accident won’t be covered.
They Believe the Accident Was Your Fault
If the insurance company through their investigations determines that the accident was caused by your own negligence, they will likely deny your claim.
They Don’t Believe You Were Really Hurt
This is why it is very important that you seek medical attention immediately after the accident and keep medical records.
They Don’t Think the Accident Is What Caused Your Injuries
The insurance company may argue that you had a pre-existing condition that got worse on its own or for some other reason. They may also argue that your injury was caused by something else not related to the accident.
Our experienced attorneys at Boise Personal Injury Lawyers Group will be able to determine whether your claim was falsely denied and advise and guide you on your next best course of action.
Are There Time Limits for Filing a Claim in Boise, Idaho?
As per Idaho’s statute of limitations, you have up to two years from the date of your accident to take legal action against the liable party.
Get Expert Help From a Boise Motorcycle Accident Lawyer!
A motorcycle accident can not only leave you dealing with devastating injuries but it can also put your financial future and wellbeing as well as that of your family in limbo. It isn’t fair that you suffer alone for the negligent or reckless actions of another person.
This is why at Boise Personal Injury Lawyers Group, we are committed to helping people like you get the justice and financial support that they need to help put their lives back together. We will be with you every step of the way and we won’t rest until we have won your case. Call us today at (208) 793-6272 to protect your rights.