logo
Free Consultation 24/7
(617) 444-4444call now
author

Understanding Motorcycle Accident Settlements & Compensation

Michael D. Kelly
motorcycle accident lawyer

Motorcycle accidents are far more common than we might like to admit. The National Highway Traffic Safety Administration reported that there were 57 motorcyclist fatalities in Massachusetts in 2022. And that’s just fatalities. Every year, there are thousands of motorcycle accidents that cause injury either to the rider, their passengers, or other people.

Motorcycle accident injuries can be quite severe, ranging from road rash and burns to broken bones to traumatic brain injuries and, far worse—death. If you or a loved one has been involved in a motorcycle accident, especially due to another driver’s negligence, you need legal representation.

But what should you expect from the Motorcycle accident lawsuit? What is the average compensation for a motorcycle accident, and how is it negotiated? The Michael Kelly Injury Lawyers team will explain everything you need to know in this article.

What Is a Motorcycle Accident Settlement?

A motorcycle accident settlement typically comes in one of two forms. First, it may be a payout from the at-fault party’s insurance company. These payouts are intended to compensate the rider for injuries or damages that they sustained from the accident.

In some accidents, settlements are paid by the party who has been deemed liable for the accident. In these situations, as with payouts from insurance companies, the settlement funds are intended to help cover financial losses for significant pain, severe injuries, and emotional trauma related to the accident.

Seeking a motorcycle accident settlement is important because it can help you cover the financial burdens that often arise after an accident. Medical bills can quickly pile up, especially if extensive medical treatment or surgery is required. Additionally, if your injuries prevent you from working, a settlement can compensate for lost wages, taking the financial burden off of you while you heal from your injuries.

Settlements also address the costs of repairing or replacing damaged property, such as your motorcycle. Without adequate insurance coverage, these expenses can become overwhelming.

What Is the Average Motorcycle Accident Settlement?

The average motorcycle accident settlement can truly vary based on the circumstances of the accident itself. However, at Michael Kelly Injury Lawyers, we have had substantial success with recent settlements where our clients have won settlements of $2,500,000, $1,200,000, and $250,000. As you can see, the amounts vary greatly.

The compensation is also influenced substantially by the severity of injuries that the victim has suffered. For example, a motorcycle accident that resulted in serious physical harm, such as brain or spinal cord trauma, is more likely to have a higher settlement amount than a case with a recoverable injury, such as broken bones, road rash burns, or lacerations. Serious, life-threatening, and non-recoverable injuries often justify a higher payout due to factors like PTSD, pain and suffering, and greater medical expenses.

On the other hand, cases involving only minor injuries typically see lower settlement amounts. On average, settlements for these accidents tend to be around $50,000, but this figure can vary widely depending on the specifics of each case.

How Motorcycle Accident Settlements Are Calculated

With each motorcycle accident lawsuit being unique, and the factors related to each motorcycle accident so different, it begs the question—how is a motorcycle accident settlement calculated?

Many insurance companies and motorcycle accident lawyers use the multiplier method when evaluating pain and suffering. To estimate settlements using this method, you start by adding up all your special damages, which are the direct economic losses you suffered as a result of the accident. These include medical bills, lost wages, and property damage.

The person responsible for the accident is generally required to pay these costs. Once the special damages are calculated, they are multiplied by a factor ranging from 1.5 to 5, depending on the case’s specifics.

For example, if you incurred $80,000 in medical bills and other related costs, your attorney might argue for a multiplier of 3, resulting in a settlement of $240,000 to account for pain and suffering. To determine the appropriate multiplier, an experienced attorney will consider several factors, such as:

  • The seriousness of your injury
  • Your chances of a full recovery
  • The impact of your injuries on daily life
  • How your injuries might affect future earnings
  • Your level of responsibility in the accident.

Other case-specific factors may also influence the final settlement amount.

Factors That May Impact the Motorcycle Accident Claim and Settlement Amount

At this point, you can see that the circumstances for each accident are quite different. Your motorcycle injury claim can result in a payout that is very different from the average settlement for a motorcycle accident. The key to getting the best possible settlement and a well-managed motorcycle accident settlement process is to work with a personal injury lawyer who is experienced in Massachusetts law and motorcycle accident cases.

Here are the main factors that will impact your motorcycle accident case:

  • Legal representation

    We’ll put this one right at the top of the list because having skilled motorcycle accident attorneys on your side can make a substantial difference in the settlement process. An experienced personal injury lawyer can help you work through the complexities of the lawsuit and make sure you receive the motorcycle accident compensation you deserve.

  • Liability

    The degree to which each party is at fault plays a significant role. If you share any responsibility for the incident, the settlement amount can be reduced.

  • Evidence

    The strength of the evidence you have, such as medical records, witness statements, photos of the accident scene, copies of police reports and other accident reports, will impact the outcome of your personal injury lawsuit.

  • Severity of injuries

    The more severe your motorcycle accident injury, the higher the potential settlement. This includes both physical injuries and emotional trauma.

  • Property damage

    The extent of damage to your motorcycle and other property involved in the incident can influence the settlement amount.

  • Lost wages

    If your injuries prevent you from working, you may be entitled to motorcycle accident compensation for lost wages, which can significantly increase your settlement.

  • Insurance coverage

    The insurance policies of both parties will affect the amount available for settlement, including any limits on motorcycle insurance coverage.

30-Day, Risk-Free Guarantee

vIn the event that you are dissatisfied within the first 30 days, you may have your file returned to you by the firm, free of charge.
contact us now

What Damages Can Be Recovered After a Motorcycle Accident?

So, just what compensation can motorcycle accident victims expect? And, what constitutes a fair settlement? The surefire way to get answers for your specific situation is, of course, by consulting with an experienced law firm that is well-versed in motorcycle accident cases. However, over the years of working with such accidents, we’ve noted some common damages that victims can get compensated for.

Here’s a breakdown of the types of damages you may be able to recover as part of an average motorcycle accident settlement.

Vehicle and personal property damage:

  • Repairs or replacement for your motorcycle
  • Loss or damage to items on your bike, including saddlebags or other personal belongings
  • Replacement costs for damaged protective gear like helmets, boots, jackets, goggles, or gloves
  • Compensation for torn or ruined clothing.

Immediate medical costs:

  • Ambulance fees for emergency transport from the crash scene
  • Initial hospital evaluation and treatment
  • Diagnostic tests like X-rays, MRIs, or CT scans
  • Required surgeries or other hospital-based treatments
  • Hospital stays and related medical care
  • All related medical bills, including doctor consultations and prescriptions.

Long-term expenses and losses:

  • Ongoing visits to doctors or specialists
  • Costs for physical therapy or rehabilitation services
  • Continued medication or other treatments
  • Compensation for lost income during your recovery period
  • Adjustments for reduced earning capacity due to long-term or permanent injuries.

Motorcycle Accident Settlement Examples

Let’s look at some typical motorcycle accidents and the factors that would influence the related settlement. Remember that even if your case is different from these examples, an experienced motorcycle accident lawyer can guide you through the process, help you work with your insurance company, and hold the at-fault driver responsible.

Low-Speed Collisions with Minor Injuries

A low-speed collision isn’t likely to result in serious injuries. Typically, the motorcycle rider might experience road rash, cuts, scrapes, and maybe a broken bone.

However, it’s important to understand that even in a low-speed motorcycle accident case, more serious injuries like a traumatic brain injury can occur, especially if the rider isn’t wearing proper safety gear. That’s why understanding Massachusetts helmet laws is so important. Compared to a car accident, the lack of protection on a motorcycle can make even minor accidents more dangerous.

High-Speed Accidents with Severe Injuries

Many accidents involving motorcycles happen at higher speeds, which can result in far more serious injuries. Even if the motorcycle rider is obeying all traffic laws, an accident that occurs at 50 mph is bound to be more serious than one that occurs at 20 mph. This is yet another reason why it is so important that a motorcycle driver work with a motorcycle accident attorney to recover appropriate damages.

Multi-Vehicle Accidents with Shared Liability

In a multi-vehicle accident, injuries can extend from fractures and whiplash to more severe trauma like spinal cord injuries. When multiple parties are involved, determining how much compensation you might receive can be complex. However, with strong legal representation, you can still achieve a favorable settlement that covers your medical expenses, lost wages, and other damages, even when liability is shared among several parties.

Hit-and-Run Motorcycle Accidents

A hit-and-run accident is one where the other driver flees the scene after an accident, typically because they fear the repercussions of being found at fault. In these cases, the at-fault party may not have coverage with their own insurance company, may be driving without a valid driver’s license, or may have existing arrest warrants. Since the responsible driver has fled the scene, identifying them and securing compensation can be challenging.

A lawyer can be invaluable in these situations, helping to investigate the incident, track down the at-fault driver, and explore all available options for compensation. They can work with your insurance company to pursue claims through uninsured motorist coverage or other legal avenues to help you recover damages for your injuries and losses.

Negotiated Motorcycle Accident Settlement vs. Trial Verdict

A trial verdict is a decision made by a jury or judge after hearing all the evidence in a motorcycle accident lawsuit. Unlike a negotiated motorcycle accident settlement, where both parties agree on compensation outside of court, a trial verdict is determined in a courtroom. Understanding Massachusetts motorcycle laws and how they interact with trial verdicts is essential in determining the outcome of your case and how your payout will compare to the average motorcycle accident settlement.

For a trial verdict, the jury must specify the total amount of damages awarded, breaking down the amount assigned to each component, such as medical expenses or pain and suffering. This process is distinct from settlements, where such details are often agreed upon in negotiations.

How a Motorcycle Accident Lawyer Can Help

Why leave the outcomes of your personal injury claim up to chance? If you have been injured as the result of an accident and want to pursue a motorcycle accident lawsuit, you need an experienced team on your side. This is where our Massachusetts motorcycle accident lawyers can help.

Our motorcycle accident law firm can help you assess the photos and police report from the scene to make sure you receive non-economic damages, punitive damages, and any other compensation you deserve. Trust us, working with insurance adjusters and determining your own liability versus that of the other driver is not as easy as you might think. We’ll take all that work with your insurance company off your hands.

Contact Our Experienced Motorcycle Accident Lawyer Today!

Are you looking for help working through the complicated legal process? The team at Michael Kelly Injury Lawyers is here to help.

We start with a free consultation and then work on a contingency fee basis once we move forward. We’ll help you get a fair settlement for your motorcycle crash. Contact us today to make the first step toward the justice and compensation you deserve!

Get a Free Case Evaluation

Get a Free Case Evaluation

Share the details of your situation with us so we can begin advocating on your behalf. We customize our approach to fit the unique needs of each client.
contact us now

30-Day, Risk-Free Guarantee

In the event that you are dissatisfied within the first 30 days, you may have your file returned to you by the firm, free of charge.
contact us now