When someone has been involved in a motorcycle accident, once their injuries have been assessed and their nerves have settled, they often start thinking about compensation for those injuries and their losses. How much is the average compensation for motorcycle accident settlements? That answer is complicated, and depends on each unique circumstance. To find out what you might be able to expect, contact Chuck Franklin Law at (480) 545-0700. Chuck Franklin answers his phone directly and will go over the details of your case to help you determine what kind of compensation you may be entitled to and what your next steps should be.
What Factors Affect Settlement Compensation?
There are several factors that go into determining motorcycle accident settlement compensation. Some of these factors are easy to calculate while others are harder to determine. All of them must be considered to determine the best compensation for your case.
Easily Calculated Factors
The easily calculated factors are those that have clear numbers attached. These are factors that have bills or other proof of the money being spent or lost because of the accident. These are also the factors that are often easiest to receive compensation for.
These factors include:
- Injuries: The type of injuries, number of injuries, and severity of those injuries all play a role in calculating compensation. Medical bills make this an easily calculated figure. Even if an accident victim will require ongoing care in the future, there are numbers available for calculating appropriate compensation to cover that future care.
- Property damage: The damage to an accident victim’s motorcycle is another easily calculated number. There may be repair quotes or bills indicating how much it will cost to repair the motorcycle. If the motorcycle cannot be repaired, replacement costs are also easy to find.
- Loss of income: Lost income is another factor that is easy to show. Paystubs, W-2s, and other documentation indicate how much an accident victim earns. These documents can then be used to calculate the lost income based on how much time the victim must take off from work or if they are unable to return to work.
- Wrongful death: The state of Arizona allows a surviving spouse, parent, or child to file a wrongful death claim if they lose a spouse, child, or parent in a motorcycle accident. These claims are often made up of easily calculated figures, such as funeral expenses and income lost due to the death.
Harder to Calculate Factors
There are several other factors that are often part of a motorcycle accident settlement but are not as easy to calculate. These factors vary from one accident to the next and the figures attached can make the settlement bigger or smaller.
These factors include:
- Personal liability: Arizona uses a pure contributory negligence system to assign fault in accidents. This means an accident victim may be deemed partially responsible for the accident. For example, a driver turns left and hits a motorcyclist, but the motorcyclist was speeding. A settlement may be awarded but reduced by a certain percentage to account for the fact that the motorcyclist was speeding and thus, contributed to the accident occurring. This percentage can vary based on how much the victim is deemed to have contributed to the accident.
- Number of parties: If there are multiple other parties, the settlement may vary depending on who the parties are and how much liability they have. For example, an accident victim may make a claim against the other driver, the other driver’s employer because they were in a company vehicle, and/or the manufacturer of the vehicle or parts in the vehicle. The more parties involved, the harder it is to determine who should pay and how much.
- Loss of enjoyment of life: This is often included with lost income, but loss of enjoyment of life does not have an easily calculated number. For example, someone who has a very active life playing several sports who has a limb amputated because of the accident may have a higher figure than someone who has a few minor injuries that bench them for a few games. Loss of enjoyment of life is meant to compensate for all the ways someone’s life is affected, either short- or long-term.
- Mental anguish/pain and suffering: After being involved in a motorcycle accident, a victim may have PTSD, nightmares, panic attacks, and other ongoing mental trauma or emotional suffering.
What is the Most Common Injury in a Motorcycle Accident?
A motorcycle does not offer the same protections a car or truck does. The only real protection a motorcyclist has is their helmet. Their injuries often tend to be more severe and higher in number. Chuck Franklin Law can help you collect your medical bills, work with your doctors and other healthcare professionals, and negotiate on your behalf to try to get a settlement that will pay all your medical bills.
The most common injury motorcyclists experience are broken bones in their legs due to the proximity of their legs to the road and no protection when the bike tips onto its side. However, head and chest injuries tend to be the more severe injuries in a motorcycle accident. Motorcyclists may also experience:
- traumatic brain injuries (TBI)
- broken ribs
- facial disfigurement
- spinal injuries
- amputated limbs
- internal bleeding
- organ damage
What Are the Odds of a Fatal Motorcycle Accident?
Whether they are a recent motorcycle accident victim or considering buying their first motorcycle, people often wonder what the odds are of dying in a motorcycle accident. They might be surprised to learn that their odds of a fatal motor vehicle accident in a car is higher than a fatal motorcycle accident.
There is a lifetime 1 in 799 chance of being in a fatal motorcycle accident, according to the National Safety Council. The lifetime chance of being involved in a fatal motor vehicle accident is 1 in 101. There is a higher chance of dying from heart disease, cancer, being assaulted with a gun, or even a simple fall than a motorcycle accident.
How Long Does It Take to Settle a Motorcycle Accident Claim?
Not only is there no average compensation for motorcycle accident settlements, but there is also no average amount of time it takes to settle them. There are several factors that influence how long it takes to settle, including:
- Type of injuries: Soft tissue injuries can be more difficult to prove and heal differently than broken bones. This can mean more negotiation or waiting to determine how long recovery might take.
- Extent of injuries: More severe injuries, as well as multiple injuries, may take longer to heal and require ongoing treatment. This can mean waiting to settle while determining how much treatment might be required in the future.
- Liability: If the other party denies fault, and there is not a lot of evidence proving they were at fault, settling may take longer.
- Amount of insurance or assets: If the insurance does not fully cover all injuries and property damage, and the other party does not have a lot of assets, settling may take longer as both sides try to find a number that they all consider fair.
Have You Been Involved in a Motorcycle Accident?
If you have been in a motorcycle accident that was not your fault, you will want to recover as much money as you can for your medical bills, property damage, and other expenses. While there is no average compensation for motorcycle accident settlements, a lawyer can negotiate on your behalf to get the best possible settlement for your case. If you contact Chuck Franklin Law at (480) 545-0700, you will speak with Chuck Franklin personally from first contact. Mr. Franklin can go over your case and help you determine your legal options.