Nampa motorcycle Accident Attorney

Idaho motorycle Crashes

According to the Insurance Information Institute, there were 5,286 fatalities resulting from motorcycle accidents in 2016. In the same year, there were 88,000 serious injuries, with an injury rate of 1,028 injuries per 100,000 registered motorcycles. The occupant fatality rates by vehicle in 2015 showed 57.85 fatalities per 100,000 registered motorcycles, but only 9.48 fatalities per 100,000 registered passenger cars. Helmet use could reduce the number of motorcycle accident fatalities, yet in 2017 only about 65 percent of motorcyclists regularly wore a motorcycle helmet.

Motorcycles, by their very nature are simply less crashworthy than passenger vehicles. There are no safety belts, no airbags, and no protective steel and glass “cage” to protect the driver and passenger on a motorcycle. Motorcycles are also far less visible to other drivers, and less stable than four-wheel vehicles. Further, operating a motorcycle requires a different combination of physical and mental skills than those used driving a passenger vehicle. Finally, motorcyclists are more vulnerable to the hazards of weather and road conditions.

Liability in a Motorcycle Accident

Like a car accident, motorcycle accidents are governed by the laws of negligence. When a person behaves in a careless manner, and that carelessness causes injury to another person, then negligence may be present. Drivers must obey the rules of the road and must drive in a safe manner to avoid injuring others on the roadways, including other drivers, motorcyclists, bicyclists and pedestrians. When care is not taken by a driver, or the driver does not behave in a manner which another reasonable driver would have done under the same circumstances, then the driver is liable for the injuries to the motorcyclist. The elements of a motorcycle accident claim are as follows:

  • The defendant (the negligent driver) did not exercise care when driving or did not behave in the same manner as a reasonable driver, under the same circumstances, would have done.
  • The failure to act in a reasonable manner, caused the injuries to the plaintiffs.
  • As a result of the failure to act in a reasonable manner, the plaintiff was injured.
  • Those injuries caused the plaintiff to suffer losses.

Damages Following a Motorcycle Accident

Damages in a motorcycle accident are likely to be much like those in a two-car collision, although for the motorcyclist, the injuries are more likely to be catastrophic or fatal. Typical damages include:

  • Medical expenses, past, present and future, including emergency care, doctor visits, surgical procedures, prescription medications and rehabilitative therapies;
  • Pain and suffering;
  • Lost wages;
  • Lost future earnings;
  • Emotional trauma, and
  • In some instances, punitive damages if the actions of the plaintiff were deliberate or particularly egregious.

Statute of Limitations and Jury Bias

Depending on the state where the motorcycle accident occurred, the statute of limitations can be a significant factor in a motorcycle accident. Should the motorcyclist miss that window of opportunity, they will be barred from ever receiving compensation for their injuries and damages. In many states the statute of limitations is two years (and it is two years in Idaho), but in some states it can be even less.

The motorcycle itself can become a factor in recovering compensation when a collision occurs. Unfortunately, many jurors and even police officers have a bias against motorcycle riders, believing they are risk-takers and always drive at excessive speeds. In reality, a large percentage of today’s motorcyclists are over fifty and ride their motorcycles with the same caution they exercise when driving an automobile. Those involved in a motorcycle accident must consult with a knowledgeable personal injury attorney in Idaho in order to receive equitable compensation for the negligence of another.

How an Experienced Idaho Motorcycle Accident Attorney Can Help

If you’ve been injured in a motorcycle accident in Nampa, Idaho, it is unlikely you will receive a fair and equitable settlement unless you have a highly skilled, aggressive motorcycle accident attorney to advocate on your behalf, ensuring you receive the compensation you are entitled to for your injuries. A knowledgeable Idaho motorcycle accident attorney understands the laws surrounding motorcycle crashes and the full value of your economic and non-economic damages, and has the necessary resources, experience and commitment to the best possible outcome for you and your future.

  • Internal bleeding;
  • Nerve damage;
  • Road rash leading to serious infection;
  • Broken bones and fractures;
  • Chronic pain, and
  • Scarring and disfigurement
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