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A successful claim for damages after a motorcycle accident is difficult and challenging because of the prevalence of anti-biker prejudice. Insurance companies for the at-fault driver may take advantage of the negative labels associated with some motorcyclists in an attempt to muddy the waters. But Joseph, Hollander & Craft’s Overland Park motorcycle accident attorneys know motorcyclists are typically very alert and careful on the roadway because they are aware of the higher risk of serious injury that may result in the event of a crash. JHC’s knowledgeable motorcycle accident lawyers can help you navigate the complexities of making a claim for damages if you or a loved one has been injured as the result of a motorcycle accident.

What to Do After a Motorcycle Accident with the Help of Our Overland Park Motorcycle Accident Attorneys

If you are a motorcyclist involved in a collision, there are several steps you should take to ensure the best recovery from your injuries and to help support your claim for damages.

1. Call 911: If you or anyone else suffered injuries from the accident, alert the authorities of the injuries and the need for an ambulance.
2. Move to a safe location: If you are not injured, move off the road to a location that is safe and out of traffic. Be sure to stay at the scene of the accident until police arrive and tell you that you can leave.
3. Document: Preserve any detail regarding the accident that you can. This includes photographs of your motorcycle and the other vehicle, the roadway and signage near the scene of the accident and anything else that may have contributed to the collision.
4. Get medical care: Even if your injuries seem minor, it is important for your potential claim that you are promptly evaluated by a medical professional. Additionally, some injuries do not become apparent until after the shock and adrenaline from the accident wear off.
5. Contact your insurance: Contact your insurance company and give them all of the information they request regarding the accident.
6. Keep records: Keep all of the evidence and documents regarding the accident in one place. Keep all of the records concerning your medical treatment, police reports, damage estimates, and proof of out of pocket costs for use in your claim for damages.

Contact Our Overland Park Motorcycle Accident Attorneys

Finally, contact JHC’s Overland Park motorcycle accident lawyers to discuss your options for recovering compensation from the at-fault party.

Compensation after a Motorcycle Accident

Every motorcycle accident is different and results in different injuries and losses. Depending on your circumstances, damages after a motorcycle accident can include compensation for the following:

• Lost wages: This includes any time missed from work pertaining to medical treatment for injuries caused by the accident. It also covers time missed from work because of the loss of ability to work as a result of the injuries from the accident.
• Future lost wages: Sometimes the injuries from a motorcycle accident are so severe the victim is left with a disability that makes it impossible for them to return to work for their occupation prior to the accident. Other times, the injuries leave the victim unable to work at all. A claim for damages can include an amount to compensate for the loss of future earnings and income.
• Medical expenses: This type of compensation includes expenses for doctor visits, ambulance bills, hospitalizations, surgeries, assistive medical devices, transportation to medical appointments, medications, physical therapy, and rehabilitation.
• Future medical expenses: Some injuries resulting from motorcycle collisions are severe and debilitating and leave the biker with a physical condition that requires ongoing or life-long medical treatment. The estimated costs for these expenses are compensable.
• Out of pocket costs: Any costs paid out of pocket that are related to the collision should be reimbursed. This includes copays, assistance with household tasks, and medical equipment.
• Pain and suffering: This category covers subjective losses such as the physical pain from the injuries and the treatment of the injuries. It also includes mental and emotional trauma resulting from the collision.

Other non-economic losses can also be included in a claim for damages after a motorcycle accident—including loss of consortium, loss of enjoyment of life, scarring or disfigurement, and mental anguish.

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FAQs

What causes a motorcycle accident?

While collisions involving a motorcycle can be caused by many different factors, the most common causes of motorcycle accidents are:

• Car doors: It is common for someone in a parked car or truck to fail to see an oncoming motorcycle. When the door is opened, the motorcyclist many times does not have enough time to react and collides with the opened door of the parked car.
• Distracted driving: Drivers who are using their cell phones, eating, or focusing on something other than the road can easily cause a collision with a motorcycle.
  • Inability to see the motorcyclist: Many car drivers focus on looking for other cars on the road, forgetting to look for motorcycles too. Due to the smaller size of motorcycles, as compared to passenger vehicles such as cars and trucks, drivers collide with motorcyclists they do not see.
• Impaired driving: When a driver is operating a vehicle under the influence of drugs or alcohol or impaired from lack of sleep, the driver’s ability to react is limited and can cause a serious collision.
• Lane splitting: Lane splitting is riding a motorcycle between lanes of slow moving or stopped traffic.
• Left hand turns: Cars and trucks often fail to yield to oncoming motorcycles and make improper left hand turns that result in collisions with motorcyclists.
• Speeding: This includes driving above the posted speed limit as well as driving too fast for weather and road conditions.

What injuries are common in motorcycle accidents?

It is almost unavoidable that a motorcycle rider will suffer some type of injury from a motorcycle accident. Some of the injuries may be minor. Due to the risks inherent to operating a motorcycle, it is more common that the injuries will be serious. The most common parts of the body to be injured are the head and neck, the feet and legs, and the chest and shoulders.