Motorcycle Accidents – Serious and Deadly Matters
Gerry Davidson, Esq.
Tel: (440) 605-9641
Email Us Now
Getting Fair Settlements For Accident Victims And Their Families Since 1972
The phone or doorbell rings. You answer it. It’s a police officer. He informs you that there has been a terrible accident involving your loved one. Your mind goes blank. You are unsure of what to do, where to go or who you should to speak with. You need to call me. I will listen. I will advise.
Each year, as the weather starts to warm and the ice and snow melt, motorcycle enthusiasts, both young and old, turn their thoughts to getting on their bikes and hitting the road. Having prepared their motorcycles for roadworthiness, it is impossible to hold back the excitement, as plans made for creating new adventures and memories.
However, we must not forget about safety awareness in that motorcycles are less visible and less stable than automobiles and that their riders are much more exposed to dangers than those in an automobile.
All the happiness and enjoyment motorcycle riders experience while on the road can be wiped out at the “blink of an eye”, “snap of a finger” or by an error in judgment. More than one-half of all crashes involve another vehicle and occur from a lapse in judgment by the other driver, who attempts to enter a roadway and fails to yield the right-of-way to the motorcycle operator, or by an on-coming driver attempting to turn left in front of the bike by thinking that he has enough time to make his turn. Other crashes occur when an automobile attempts to pass or overtake a motorcyclist. One of the most frightening statistics is that deaths occur on motorcycles more than 26 times the number of deaths that occur in cars.* Just this split second error can create a nightmare for so many people (drivers, passengers, spouses, children, parents, etc.).
Should you or your loved ones be confronted with such a situation that has left you injured (or worse), helpless, in despair, in need of advice and direction, we at Fanger & Associates LLC can be there for you, answer your questions and assist you. It is so important to act quickly and appropriately following a collision. You, or your loved ones, as injured parties, usually do not know which way to turn, where to start or what to do. That is where we come in and protect your rights and claims so as to maximize every benefit to which you may be entitled to recover. This is what needs to be done:
Our attorneys at Fanger & Associates LLC can answer your questions and assist you with every aspect of your claim. Our staff of attorneys have more than seventy (70) years combined experience in handling these personal injury claims and obtaining the best results for our clients involved in motorcycle accidents. We collect no money from you. Our fees are based upon a contingency - that is, if you recover, we take a percentage of your proceeds; if you do not recover, we collect nothing. There is no risk to you. We only ask that you follow our sound, legal advice to maximize your recovery potential. It is our goal to settle these claims without the necessity of having to file a lawsuit, as that takes time (yours and ours) and money.
A couple of the most common questions asked of us are (1) how much am I going to get?; and (2) when am I going to get it? The family of someone who is killed in an accident may be entitled to pursue a wrongful death claim. This claim is brought through the decedent’s estate on behalf of those left behind. Every claim, whether it is a wrongful death claim or an injury claim, has two components: Economic Loss and Non-Economic Loss. In wrongful death claims Economic Loss would include medical and last illness expenses; funeral and burial expenses; lost earning capacity and loss of employment fringe benefits, which are based upon estimated worklife expectancy; and loss of the value of the deceased’s services around the household. Usually an expert, known as a forensic economist, prepares a report and provides a “present day value” of this “economic loss”. Non-Economic Loss includes pain and suffering endured by the deceased before dying, loss of services, companionship, care, protection, guidance, counsel, mental anguish and any other intangible loss suffered by the survivors.
In a claim that does not result in a death, economic loss would include medical expenses, loss of present and future income, property damage and any other out-of-pocket loss or expense. The non-economic loss factors would be the same.
An injured party should never think about settling an injury claim until having reached "maximum medical improvement". In other words, the doctors have done all they can and whatever the residuals are from your injuries they will not change. This may be two months, six months, or two years. Each case is different and the treating physician will be rendering his or her opinion as to your prognosis (what you can expect in the future from the injuries you sustained).
As to how much you will receive, several factors go into play, namely:
- Is there a question of liability?
- How severe are your injuries?
- How often and for how long did you treat with the doctor?
- What type of doctor treated you?
- What was your health condition before the accident?
- How much time did you miss from work?
- How much property damage did you incur?
This is where our experience really comes into play so that we can advise as to whether or not any proposed settlement offer is fair to you and we can then suggest what direction to go – either settle or file suit. Whichever means is selected, we will be there with you, giving our best and always keeping in mind what is in your best interest. This is not the time for you to guess what may be best for you. Call me today and I shall be happy to listen to your needs, offer my advice and work with you to make sure that you recover everything that you possibly can acquire from the person(s) who turned your world upside down. You can reach me at (440) 605-9641 or email: [email protected]
You can also chat with us live during regular business hours. Just click on the lower right side of your screen to activate our live chat.
* National Highway Traffic Safety Administration. 2015. Traffic safety facts, 2013: motorcycles. Report no. DOT HS-812-148. Washington, DC: U.S. Department of Transportation.