Key Points
- Motorcycle accident cases in California have been rising over the past few years. Bikers are advised to exercise caution on the road as they are more prone to severe injuries that can lead to spinal injuries, brain injuries, or worse, wrongful death.
- A motorcycle accident settlement occurs when the parties involved in an accident agree on a compensation amount. This negotiation can take place either before or after litigation. The at-fault party pays the injured party to resolve the dispute. Once signed, this legally binding contract cannot be overturned or appealed.
- The average motorcycle accident settlement amount in California varies greatly as it is influenced by multiple factors. The range of accident settlements can be from a few thousand to even millions of dollars.
In the past few years, the number of motorcycle accidents in California has been increasing which is particularly concerning because motorcyclists are more vulnerable compared to other drivers on the road. Although they can be equipped with proper protective gear, they will likely take the brunt of the crash if they are hit by another vehicle. This often results in catastrophic injuries such as spinal injuries, brain injuries, broken bones, severe wounds, internal bleedings, and worst of all, death. In these cases, we recommend seeking the help of a motorcycle accident lawyer to explore the best legal steps to take after the accident.
In this article, we will talk about the definition of motorcycle injury settlements, some statistics about motorcycle accidents in California, and the average per motorcycle accident claim or average motorcycle accident settlement amount in California.
What is a Motorcycle Accident Settlement?
A motorcycle accident settlement is a specific type of personal injury settlement involving motorcycle accidents. The at-fault party will pay the motorcycle rider or motorcycle accident victim for compensation in exchange of the release of liability from the defendant or at-fault party. Settlement agreements are binding legal contracts and cannot be appealed, unlike a court verdict.
Why Do People Agree to a Settlement?
It may seem as if a settlement is an admission of guilt, but that is not always the case. The most common reason is that it will help cut their losses. A full trial will take time, cost money, and is risky because no win is guaranteed in court. Instead of having to go through a lengthy court battle, a settlement may also offer you the quickest closure. The details of the settlement can remain between the two parties as it usually happens out of court.
What is the Motorcycle Accident Incidence Rate in California?
Motorcycle accident cases in California have been rising over the past few years. In 2022, there were a total of 10,597 reported cases, resulting in 8,632 injuries and 532 fatalities. Some of these fatalities are caused by the lack of protective equipment or drivers not wearing helmets. Los Angeles, San Diego, and San Francisco have the highest number of motorcycle accidents in the state.
Lane splitting and reckless driving were among the top reasons why motorcycle accidents happen. Alcohol impairment is also one of the causes as to why drivers cause these tragic events. This is why it is important to emphasize road safety for motorcycle riders as well as strengthen traffic enforcement so that these problems can be prevented.
The age range for the majority of the motorcycle accident fatalities were 25-34, most of which were males. It must also be noted that national motorcycle accident fatalities have consistently reached above the 5,000 mark every year since 2015.
What Factors Affect the Motorcycle Accident Settlement?
Motorcycle accidents are not as straightforward as they seem. Different situations call for different legal recourse, so the settlement amount will naturally vary as well. There are different factors that will influence the settlement amount, depending on the severity of the driver’s negligence and how much impact it had on the victim.
This section of the article will cover the different factors that may affect settlement amounts.
1. What is the Extent of the Injury?
The extent or severity of your injury plays a role in the amount of settlement that can be negotiated. Extensive physical injuries will need more serious medical treatment, rehabilitation, and recovery. Therefore, the settlement amount will increase as well. These injuries may include traumatic brain injuries, fractures, dislocations, soft tissue injuries, and internal organ damage, among many others.
2. How Much Did You Pay to Cover the Medical Expenses?
The amount the victim has to pay to cover future medical expenses likewise influences the settlement amount. Doctor’s fees, treatment expenses, physical therapy and rehabilitation, diagnostic testing fees, and procedure fees are all considered to be medical expenses. Therefore, in order to maximize the settlement amount, we recommend that you document the medical costs and keep the invoice, bills, and receipts as supporting evidence that will back your claim.
3. What is the Loss of Income Amount Resulting From the Injury?
Income loss caused by a motorcycle accident can also be included in the calculation for the settlement amount. If the injuries cause the victim to be physically unable to work, then it means that the at-fault party will have to cover the lost earnings or income loss to an extent.
4. What is the Insurance Coverage of the At-Fault Party?
The settlement amount can also be affected by the insurance coverage of the at-fault driver. If they have a higher insurance policy or plan, then it would probably increase your chance of receiving a higher settlement.
One thing to note, however, is that insurance companies are often willing to pay a settlement instead of a court-awarded compensation because this usually saves them more money. A good personal injury attorney will help with the negotiations and fight for maximum compensation.
5. What is the Amount of Property Damage For the Vehicle?
The repair or replacement costs are different from the awarded bodily injury settlement. If the damage received by the motorcycle is more extensive, then this will increase the settlement amount to be paid. Personal belongings (i.e. phones, laptops, bags, etc.) that are damaged due to the motorcycle accident settlements can also be considered in calculating the property damage settlement amount.
6. How Good is Your Lawyer?
A knowledgeable personal injury lawyer will be able to negotiate a reasonable deal that will be the most favorable to you.
Ultimately, the settlement amount for motorcycle injury claims varies greatly. Your settlement amount is contingent on many different factors and it can range from a few thousand to millions of dollars. However, every case is different, therefore that is why it is recommended to speak to knowledgeable personal injury attorneys who may be able to help maximize your motorcycle accident claim.
Final Thoughts
Each case is unique, and thus, everything must be considered when negotiating a settlement with a negligent party. You have to take into account the various medical bills and expenses caused by the at-fault driver, the extent of damage to the vehicles, where and how the accident occurred, and many others.
So at the end of the day, there really is no “average” settlement because it really depends on the case. The range of settlement and average payout amounts vary so greatly that the average value doesn’t really hold any meaning to it.
A motorcycle accident lawyer can help evaluate all the factors that influence the final settlement amount. They can help you navigate this complex legal process and deal with the insurance companies who will surely find loopholes to avoid paying. Motorcycle accidents are quite common, so we recommend working with personal injury lawyers who have handled these types of cases before for the best possible outcome.
