How Long Does a Motorcycle Accident Lawsuit Take?

The time needed to settle a case or resolve a lawsuit varies based on multiple factors. Timelines primarily depend on: 1) client injury and recovery details, 2) insurance adjuster documentation, and 3) whether the case goes to trial. If there’s a lawsuit, motorcycle accident victims may not see the end of the case until as early as six months or as late as a couple of years after the accident.

Your lawyer will file a claim with the at-fault driver’s insurer to seek a settlement. If the insurer denies fault or makes an unfair offer, your lawyer may proceed with litigation, possibly taking the case to trial or alternative dispute resolution.

Your motorcycle accident attorney will work efficiently to resolve your case and maximize compensation while keeping you informed and addressing your concerns.

Common Injuries in a Motorcycle Accident

Unlike drivers and passengers in an enclosed motor vehicle who have a protective covering in an accident scenario, motorcyclists have very little protection while riding their bikes.

With the possible exception of a motorcycle helmet to protect their head, a motorcyclist’s body often has little protection from the surrounding environment, including the ground. Therefore, if a motorcyclist falls off their bike in a severe crash, they have the potential to suffer severe and sometimes deadly injuries.

Common injuries that motorcycle accident victims frequently suffer include:

• Road rash
• Traumatic head and brain injuries
• Permanent cognitive impairments
• Broken bones
• Soft tissue muscular contusions
• Spinal cord damage

The most important step you can take following a motorcycle accident is to obtain the medical treatment you need and continue your treatment until a medical provider formally discharges you from care.

The medical treatment that you require after a motorcycle accident will typically depend upon the severity of your injuries and the types of injuries that you suffered.

For example, if you suffered a traumatic brain injury, such as a severe concussion, you may consult a neurologist or other medical specialist. Similarly, if you sustained a broken bone or soft tissue injury in your motorcycle accident, you will likely consult an orthopedic doctor and possibly a physical therapist.

In addition, depending on your injuries, you might undergo surgery or other medical procedures to make a full recovery..

Causes of Motorcycle Crashes

Motorcycle accidents typically result from the negligent behavior of other drivers. Since motorcycles are relatively small vehicles, other motorists must look out for motorcycles and drive cautiously near them.

Distracted Driving

One common cause of local motorcycle accidents is distracted or inattentive driving. A driver may fail to observe the road if they fiddle with a GPS navigation system while driving, comb their hair, apply makeup, eat and drink, or listen to loud music in their vehicle.

Vehicle passengers may also distract drivers from their primary duty of watching the road.

Finally, a driver may become distracted if they use their cell phone or tablet to make phone calls or send text messages while they are behind the wheel.

Drunk Driving

Motorcycle accidents may also occur when other people drive while they are drunk. Most operators of passenger vehicles who are twenty-one years of age or older are legally intoxicated if their blood alcohol concentration reaches a level of 0.08 percent or more. The law severely penalizes drunk driving because of the various dangers it presents.

For example, an intoxicated driver may be unable to focus their attention on the road and may suffer from dizziness and blurred vision. As a result, they may be unable to see a motorcycle in the vicinity.

Additionally, a drunk driver frequently experiences delayed reflexes and reaction time, poor judgment, and impaired muscular coordination. Consequently, a drunk driver may be unable to stop their vehicle before striking a nearby motorcyclist.

Broken Laws & Reckless Behavior

Motorcycle accidents may also happen when a driver violates common traffic laws that apply to all motorists. For example, a driver may fail to yield the right-of-way to a motorcyclist by running a red light or stop sign. Similarly, a driver may speed around a motorcycle, cut off a motorcycle in traffic, or fail to use a mirror when a motorcycle is nearby.

Finally, some motorcycle accidents happen when other drivers exhibit road rage or drive recklessly and carelessly.

Common types of road rage that may cause a motorcycle accident include aggressively tailgating a motorcyclist, passing a motorcyclist in heavy traffic without using the appropriate turn signal, and cutting off a motorcycle in traffic in an attempt to move ahead.

Unfortunately, all these activities may catch a motorcyclist off guard, leading to a severe accident.

When Is Litigation Necessary Following a Motorcycle Accident?

Before suing a negligent driver, motorcycle accident lawyers typically first file a claim with the at-fault driver’s insurer to seek compensation.

To support your claim, your lawyer gathers key documents such as police reports, video footage, injury photos, lost-wage records, medical bills, and treatment records. They then submit a settlement demand letter requesting compensation.

The insurance adjuster reviews the claim and determines liability. If the insurer denies fault, your lawyer may file a lawsuit. Otherwise, they negotiate a settlement, which may take weeks or months, depending on case complexity and medical treatment duration.

If the insurance company refuses to make you a fair monetary settlement offer despite all of your evidence, your lawyer may file a personal injury lawsuit in the court system on your behalf.

Factors That Affect the Time It Takes to Litigate a Motorcycle Accident Case

The amount of time it takes to litigate a motorcycle accident case through the court system depends upon a variety of factors.

Those factors may include:

• The nature and complexity of the case

• The amount of time it takes the motorcycle accident victim to finish their medical treatment

• The amount of time it takes to recover certain documents in the case, such as police reports, medical treatment records, and medical bills

• The availability of experts and their willingness to provide testimony in the personal injury lawsuit

• The specific insurance company adjuster with whom you are dealing and their willingness to resolve the case in an efficient manner

• The specific jurisdiction where the case is pending

• The court where the case is pending and the amount of time available on their calendar to schedule a jury trial or other proceeding.

While some courts will schedule a jury trial sooner, other courts cannot schedule a jury trial for much longer due to availability.

Additionally, if the insurance company is willing to resolve the case sooner rather than later, it may reach a settlement long before trial. Your attorney will do everything they can to litigate your case through the court system as efficiently as possible and help you achieve a result that makes you feel whole again.

Recoverable Motorcycle Accident Monetary Damages

Victims of motorcycle crashes can pursue and recover various types of monetary damages depending upon their injuries and the accident circumstances.

For example, accident victims may seek compensation for related medical expenses, lost earnings, permanent disability or disfigurement. Other damages include long-term or lifetime care costs, loss of spousal consortium, pain and suffering, and lost quality of life.