Navigating the aftermath of a motorcycle accident can be overwhelming, fraught with physical pain, emotional distress, and a maze of legal complexities. At Wells Trumbull, our experienced team of Edmonds motorcycle accident injury lawyers is dedicated to advocating for victims and their families in these challenging times. With unparalleled experience, compassion, and a proven track record, we will guide you through the legal intricacies to secure the justice and compensation you rightfully deserve. Whether you’re dealing with severe injuries, loss of income, or the ramifications of a loved one’s accident, you don’t have to face it alone. Contact our experienced Edmonds personal injury attorneys today for a free, no-obligation consultation and take the first step toward reclaiming your life.
Do I Need an Attorney if I Was Injured in a Motorcycle Accident?
Most motorcycle accident claims are paid through the insurance company of an at-fault driver. In less common cases, the manufacturer of a defective motorcycle or vehicle part is the liable party, or a negligent road maintenance agency. Sadly, insurance companies exist to make profits and may resist paying out on your claim through delays, denials, and defense of their policyholders. In fault-based insurance states like Washington, they may assign you an undue percentage of fault for the accident to minimize the amount they have to pay.
The state’s contributory negligence laws are outlined in RCW 4.22.005:
“In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant’s contributory fault.”
In other words, if the insurance adjuster assigned to your case decides that you were 25 percent at fault for the accident because you were speeding, they can reduce a $100,000 payout to $75,000, even if the at-fault driver ran a red light. They may assert that you could have avoided the collision if you hadn’t been driving five miles per hour over the speed limit.
An attorney not only handles the legal paperwork involved in your claim, but they also document evidence to prove the at-fault driver’s negligence and defend your rights against powerful insurance companies that protect profits at your expense.
Motorcycle Laws In Washington
In Edmonds, motorcycle accident laws are primarily governed by Washington state traffic laws, insurance regulations, and personal injury statutes. Below are some of the key legal considerations to be aware of:
- Helmet Laws: Washington State law requires all motorcyclists, regardless of age, to wear a helmet that complies with U.S. Department of Transportation standards. Failure to adhere to this rule may not only result in a citation but can also impact the outcome of a personal injury claim.
- Licensing Requirements: Riders must possess a valid motorcycle endorsement on their Washington State driver’s license to legally operate a motorcycle. Operating without this could lead to penalties and complications in any ensuing legal actions after an accident.
- Insurance Mandates: Motorcyclists are required to have liability insurance coverage with minimum policy limits to pay for damages or injuries they may cause to others in an accident. Failure to have sufficient insurance can result in fines and legal consequences.
- Lane Splitting: Lane splitting, or riding a motorcycle between lanes of slow-moving or stopped traffic, is illegal in Washington State. This act can be used against a motorcyclist in an accident liability claim.
- Right-of-Way Rules: Motorcyclists must adhere to the same right-of-way rules as other vehicles. Violating these can result in fault being attributed to the motorcyclist in the event of an accident.
Common Types of Motorcycle Accidents
Motorcycle accidents in Edmonds can vary in cause and severity, but there are certain types of accidents that are more common than others. Understanding the nature of your accident can assist us in building a solid case. Here are some common types of motorcycle accidents in Edmonds:
- Rear-End Collisions: These occur when a vehicle crashes into the back of a motorcycle. Often, these accidents happen at stop signs, red lights, or in heavy traffic.
- Left-Turn Accidents: These accidents usually occur at intersections when a vehicle making a left turn collides with a motorcycle going straight or passing through.
- Lane-Splitting Accidents: When a motorcyclist rides between lanes of slow-moving or stopped traffic, accidents can occur due to the close proximity of other vehicles and the reduced space to maneuver.
- Hit-and-Run: Unfortunately, hit-and-run accidents involving motorcycles are not uncommon. These cases can be legally complicated but are often pursued aggressively due to their criminal nature.
- Single-Vehicle Accidents: These involve only the motorcycle and often occur due to loss of control, equipment failure, or challenging road conditions like wet or uneven surfaces.
- Side-Swipe Accidents: These happen when a vehicle changes lanes without checking for a motorcyclist in their blind spot, resulting in a collision.
- Head-On Collisions: These are some of the most severe types of accidents, often resulting in fatal injuries for the motorcyclist.
- Accidents Involving Fixed Objects: Collisions with fixed objects like guardrails, lampposts, or barriers can result in severe injuries or fatalities, especially at high speeds.
- Speed-Related Accidents: Accidents caused by either the motorcyclist or another driver’s excessive speed are not uncommon and often result in significant injuries due to the impact force.
Motorcycle accidents can occur for a variety of reasons, some of which are specific to the unique characteristics and vulnerabilities of motorcycles. The most common causes of motorcycle accidents are the typical causes of car accidents in Edmonds:
- Distracted Driving: Whether it’s texting, eating, or using a GPS, distracted drivers are a significant cause of motorcycle accidents.
- Poor Road Conditions: Potholes, wet or icy roads, and lack of proper signage can be particularly hazardous for motorcyclists who have less stability and overall protection than cars.
- Driver Negligence: This includes speeding, reckless driving, failing to signal, or not checking blind spots before changing lanes, which can all contribute to accidents involving motorcycles.
- Impaired Driving: Accidents caused by drivers under the influence of alcohol or drugs are sadly common and can be especially devastating when a motorcycle is involved.
- Left-Turn Accidents: These occur when a car makes a left turn without noticing an oncoming motorcycle, often at intersections.
- Tailgating: Due to the smaller size of motorcycles, some drivers misjudge the distance and end up following too closely, which can lead to rear-end collisions.
- Vehicle Defects: Sometimes accidents occur due to a defect in the motorcycle or another vehicle involved in the accident. This could include brake failure, tire defects, or malfunctioning lights.
- Inadequate Safety Gear: Lack of proper safety equipment like helmets, gloves, and pads can increase the risk and severity of injuries in an accident.
- Weather Conditions: Rain, fog, and snow can reduce visibility and road traction, making it more challenging for drivers to see motorcyclists and for motorcyclists to maneuver safely.
- Running Red Lights: Both motorcyclists and drivers who disobey traffic signals contribute to the occurrence of accidents, often resulting in T-bone or head-on collisions.
If you’re a victim of a motorcycle accident in Edmonds, knowing the likely causes can be crucial when seeking a motorcycle accident attorney in Edmonds for your case.
Common Injuries After a Motorcycle Accident
Motorcyclists make direct contact with the road and objects in a collision, often resulting in grave injuries such as the following:
- Traumatic brain injuries
- Fractures, including of the limbs, hips, pelvis, clavicle, and ribs
- Back injuries
- Neck injuries
- Knee injuries
- Shoulder injuries
- Abrasions (road rash)
- Spinal cord injuries
- Soft tissue injuries
- Bruises and lacerations
It’s important to seek medical attention immediately after a motorcycle accident. Be sure to undergo a complete evaluation as well as treatment for your obvious injuries. Tell the doctor about every symptom, even minor ones. Then, ask for a detailed medical report to help you recover compensation. This not only protects your physical health but also establishes evidence that your injuries occurred in the accident.
Motorcycle Accident Statute of Limitations in Washington State
The statute of limitations for personal injury claims, including those arising from motorcycle accidents, is generally three (3) years from the date of the accident. This means that if you have been injured in a motorcycle accident, you have three (3) years from the date of the accident to file a lawsuit seeking compensation for your injuries, damages, and losses.
The three-year window is a strict deadline, and failing to initiate a legal claim within this timeframe will typically prevent you from being able to seek any legal remedies thereafter. However, there are some exceptions to this general rule. If the injuries from the accident were not discovered immediately, the “discovery rule” may apply. This rule allows the statute of limitations to start from the date the injury was discovered or reasonably should have been discovered. If the motorcycle accident resulted in a fatality, the family has three (3) years from the date of death to file a wrongful death lawsuit, which may differ from the date of the accident if the victim initially survived but later succumbed to their injuries.
Getting Compensation After a Motorcycle Accident
Motorcycle accident injuries tend to be severe and require rehabilitation and expensive medical procedures. The amount of compensation you’ll recover in your claim depends on the severity of your injuries and their related expenses. Common damages cited for compensation in motorcycle accident claims in Edmonds include any or all of the following:
- Property damage to a motorcycle
- Medical expenses
- Future medical costs
- Lost paychecks
- Future income loss
- Diminished future earning capacity due to disability
- Pain and suffering
- Other non-economic damages like scarring, disfigurement, PTSD, loss of enjoyment of life, loss of consortium, or traumatic limb loss
The Edmonds motorcycle accident attorneys at Wells Trumbull will carefully calculate your damages so you miss no potential compensation in your case, including for the intangible, non-economic damages like pain and suffering that are the most difficult aspects of a motorcycle injury.
Contact Our Motorcycle Accident Lawyer in Edmonds Today
At Wells Trumbull, we understand the life-altering impact that a motorcycle accident can have on you and your loved ones. Navigating the legal complexities of Washington State’s laws and the looming statute of limitations can be overwhelming during such a challenging time. Our team of motorcycle accident attorneys in Edmonds is committed to taking on the legal burden so you can focus on your recovery. With a proven track record and a client-centered approach, we aim to secure the justice and financial compensation you rightfully deserve. The clock is ticking due to the statute of limitations, so don’t delay in seeking the help you need. Contact Wells Trumbull today for a free, no-obligation consultation and take the first step toward reclaiming control over your life.