When a large and heavy vehicle strikes a motorcycle or motorcyclist, the damage can be devastating and deadly. In addition to incurring high medical costs and missing time from work, motorcycle accident victims may experience ongoing pain and suffering, sometimes for the rest of their lives. As part of a motorcycle accident claim or lawsuit, injured motorcyclists may be eligible to recover damages for both past and anticipated pain and suffering.
A skilled motorcycle accident lawyer in your area can recover the compensation you deserve through a fair settlement offer from the insurance company or a favorable litigation result in court.
How Do Negligent Drivers Cause Motorcycle Collisions?
Motorcycle accidents often result from the negligence of other drivers. One of the most common ways negligent drivers cause these accidents is by failing to see motorcyclists. Motorcycles are smaller and less visible than cars, so drivers who are not paying close attention can overlook them, especially at intersections. This negligence can lead to collisions when a driver turns left in front of an oncoming motorcycle or merges into a lane already occupied by a motorcyclist.
Another frequent cause of motorcycle accidents is distracted driving. With the increasing use of smartphones, many drivers are texting, making calls, or using apps while behind the wheel. These distractions significantly reduce their reaction time and awareness of their surroundings, making it easy to miss a motorcyclist or react too slowly to avoid an accident.
Speeding is also a major factor in motorcycle accidents due to negligent drivers. When drivers are speeding, they have less time to react to changes in traffic conditions or avoid obstacles. The impact of a high-speed collision can be devastating for motorcyclists, who already have less protection than drivers in cars.
Impaired driving, whether due to alcohol, drugs, or fatigue, is another significant cause of motorcycle accidents. Drivers under the influence have impaired judgment, slower reaction times, and often fail to notice motorcyclists. Similarly, tired drivers may drift into other lanes or miss critical cues on the road, putting motorcyclists at great risk.
Tailgating is another dangerous behavior that often leads to motorcycle accidents. When a car follows a motorcycle too closely, the motorcyclist has little room to maneuver if they need to stop suddenly. The car behind may not be able to stop in time, leading to a rear-end collision that can throw the motorcyclist off their bike.
Finally, improper lane changes and failure to signal are common negligent behaviors that endanger motorcyclists. Drivers who don't check their blind spots or signal before changing lanes can easily sideswipe a motorcycle or force the rider off the road.
Types of Motorcycle Accident Injuries that Lead to Pain and Suffering
Motorcycle accidents can result in severe injuries, especially when resulting from driver negligence. These injuries often lead to significant pain and suffering for the motorcyclist. One of the most common and serious injuries is traumatic brain injury (TBI). Even when wearing a helmet, a motorcyclist can suffer a TBI if their head strikes the ground or another object during an accident. A TBI can cause long-lasting cognitive issues, memory loss, and emotional distress, all of which contribute to substantial pain and suffering.
Spinal cord injuries are another frequent outcome of motorcycle accidents. When a rider is thrown from their bike or a vehicle crushes theme, the impact can damage the spinal cord, leading to partial or complete paralysis. Paralysis, whether paraplegia or quadriplegia, not only limits mobility but also drastically alters a person's life. The physical pain and emotional toll of losing independence and the ability to perform daily tasks can be immense.
Broken bones are also common in motorcycle accidents, particularly in the arms, legs, and ribs. The force of a collision or being thrown from the motorcycle can easily cause fractures. While some broken bones may heal over time, others can lead to chronic pain, reduced mobility, and the need for surgeries. The recovery process is often lengthy and painful, contributing to ongoing suffering.
Road rash, occuring when a motorcyclist's skin scrapes across the pavement, is another painful injury. Road rash can range from abrasions to deep wounds that damage muscles and nerves. Severe cases may require skin grafts and leave permanent scars, leading to both physical pain and emotional distress due to disfigurement.
Internal injuries, such as damage to organs or internal bleeding, are also common in motorcycle accidents. These injuries can be life-threatening and often require immediate surgery. Even after treatment, internal injuries can cause ongoing pain and complications, significantly affecting the victim's quality of life.
Finally, psychological injuries, including post-traumatic stress disorder (PTSD), anxiety, and depression, often follow motorcycle accidents. The trauma of the accident and the resulting physical injuries can lead to long-term emotional suffering, affecting every aspect of the victim's life.
Recovering Compensation for Pain and Suffering in a Motorcycle Accident Case
Motorcycle accident victims may be entitled to various types of compensation, especially for their pain and suffering, which is often a significant part of their recovery. Pain and suffering compensation is typically considered a type of non-economic damage, which means it does not have a specific monetary value attached to it, unlike medical bills or lost income.
The primary type of compensation for pain and suffering is general damages. General damages cover the physical pain, emotional distress, and overall reduction in the quality of life that a motorcycle accident victim experiences. This compensation takes into account the severity and duration of the pain, the extent of the injuries, and how the injuries affect the victim's ability to enjoy life. For example, if a motorcyclist suffers a severe injury that causes chronic pain or long-term disability, the compensation for pain and suffering would be higher.
Another type of compensation that may include pain and suffering is loss of consortium. The spouse or family members of the injured motorcyclist can be eligible for this type of damage if the accident has negatively affected their relationship. Loss of consortium can cover the loss of companionship, affection, and support that the victim's loved ones experience due to the accident. This type of compensation recognizes the emotional and psychological pain that not only the victim but also their close family members endure.
Punitive damages are another form of compensation that, while rare, may be available in cases where the driver's negligence was particularly reckless or egregious. While punitive damages are intended to punish the wrongdoer and deter similar behavior in the future, they also provide additional financial relief to the victim. Although punitive damages are not specifically for pain and suffering, they often compensate for the extreme distress the negligent driver's actions caused.
In some cases, motorcycle accident victims may receive compensation for future pain and suffering. This compensation applies when the injuries are expected to cause ongoing physical pain or emotional distress long after the accident. Calculating future pain and suffering involves considering the expected duration of the victim's pain, the likelihood of full recovery, and the effect on their daily life.
Proving Pain and Suffering in a Motorcycle Accident Case
Proving the legal elements of pain and suffering in a motorcycle accident claim or lawsuit is crucial for obtaining compensation. Pain and suffering refer to the physical and emotional distress the injuries sustained in the accident have caused. To successfully prove these elements, a victim must establish three main factors: the severity of the injuries, the effect of those injuries on their daily life, and the connection between the accident and their suffering.
The first step in proving pain and suffering is to demonstrate the severity of the injuries. Medical records that detail the extent of the injuries, the treatments received, and the prognosis for recovery are all evidence of the severity of the injuries. The more severe the injuries, the greater the pain and suffering, which can lead to higher compensation. For example, a traumatic brain injury or spinal cord injury is likely to result in more significant pain and suffering than a fracture. In addition, testimony from medical experts can help explain the extent of the pain and the expected duration of the suffering.
The second element to prove is the repercussions of the injuries on the victim's daily life. This involves showing how the injuries have affected the victim's ability to work, perform everyday activities, and enjoy life. For instance, if a motorcyclist can no longer participate in hobbies they once loved or cannot return to work due to their injuries, these conditions substantially affect their quality of life. Personal testimony from the victim, along with statements from family members, friends, and colleagues, can help illustrate how the injuries have changed the victim's life.
Finally, it is essential to establish a direct connection between the accident and the pain and suffering. The victim must show that the injuries and subsequent distress resulted from the collision and not from any pre-existing conditions. Thorough documentation and medical evidence play a critical role here. The victim's personal injury lawyer may also gather evidence from the accident scene, witness statements, and any police reports to support the personal injury claim. This evidence is essential in securing fair compensation for the distress the victim experienced.
Taking a Motorcycle Accident Case to Trial To Recover Pain and Suffering Damages
Taking a motorcycle accident case involving pain and suffering to trial is a complex process that requires careful preparation and strategic planning. The first step is to gather all the necessary evidence, includeing medical records that document the extent of the injuries, photographs of the injuries and the accident scene, police reports, and witness statements. These pieces of evidence help establish the severity of the pain and suffering and connect it directly to the accident.
Once the evidence is collected, the next step is filing a lawsuit. The victim's motorcycle accident attorney will draft a complaint, a legal document outlining the facts of the case, the injuries sustained, and the compensation sought for pain and suffering. The lawyer then files this complaint with the court, and the at-fault driver or their insurance company (defendant) is served. The defendant must respond to the complaint, either admitting or denying the claims.
After the lawsuit is filed, both parties enter the discovery phase. During discovery, each side exchanges information and evidence related to the case. This can include depositions, where witnesses and the involved parties provide sworn testimony, and interrogatories, which are written questions that must be answered under oath. Discovery is vital in building a strong case for trial, as it allows both sides to understand the evidence and arguments that the attorney for each party will present.
As the trial date approaches, both parties may attend pre-trial conferences to discuss the case with the judge. These conferences often involve attempts to settle the case without going to trial. However, if the parties cannot reach a fair settlement, the case will proceed to trial.
At trial, the victim's attorney presents the case to a judge or jury, which includes calling witnesses, such as medical experts, to testify about the severity of the injuries and the repercussions on the victim's life. The personal injury attorney will also present evidence to demonstrate the connection between the accident and the pain and suffering experienced.
The defense will have the opportunity to cross-examine witnesses and present their own evidence. After both sides have made their case, the judge or jury will deliberate and reach a verdict. If the victim is successful, they will be awarded compensation for their pain and suffering, among other damages.
Contact an Experienced Motorcycle Accident Lawyer Today
If you recently sustained injuries in a motorcycle accident that brought about pain and suffering, you are not alone. A knowledgeable and compassionate personal injury attorney in your area can file a claim or lawsuit to pursue the compensation you need for your past and future pain and suffering. Your lawyer will aggressively advocate on your behalf or litigate your case through the court system to pursue appropriate compensation for your losses.