MOTORCYCLE INJURY ACCIDENT LAWYER
From experience, we can predict what happens when a motorcycle and car collide. The rider, just before impact, utters a loud profanity. He is then lifted off his bike by forces beyond his control, and flung through space and time. His first goal may be to clear the car without crashing into the windshield. His second, to negotiate the landing, which he knows is going to be rough. He hits the pavement, tumble rolls if he can, remains conscious (thanks to his helmet), and feels a surge of adrenaline. He may jump up. He may not. More likely than not, he stays down, in excruciating pain on the verge of passing out, waiting for the paramedics to take him to the emergency room at the closest hospital. The car driver comes over and says, apologetically, “I didn’t see you.” The cyclist responds, “How could you not see me!”
When a motorcycle rider goes down there are two things that usually happen. First, he or she is badly hurt. Second, he or she discovers there is no PIP insurance. PIP insurance normally pays the reasonable and necessary accident related medical bills following a motor vehicle crash. If you are in your car, you are automatically covered by PIP. If you are on your motorcycle, you are not.
All motorcycles must carry liability insurance with the same minimum limits as a car, but with one important exception — personal injury protection (PIP) coverage is not required. If a motorcyclist goes down without having added PIP coverage to his policy, he’s not going to get any help from his insurance company getting back up. If there’s no PIP coverage on the motorcycle, health insurance steps in. If there is no health insurance and no PIP, there’s no help with medical bills as they accrue. Because accrued unpaid bills may threaten your credit score, you may want to consider getting a good plaintiff’s lawyer involved early in your case to enable him to work with your doctors to provide a lien protection letter, so unpaid bills are not forwarded to collection.
The case against the driver is almost always a case against the driver’s insurance company, but you wouldn’t know it if you watched a personal injury jury trial in action. The lawsuit has to be worded YOU versus HIM or HER, not you versus Farmers Insurance, or State Farm Insurance, or any other insurance company that operates in Oregon and insures the driver. By contract, the insurance company for the driver retains complete control over the defense of the case. Even if the defendant feels terrible about what happened and wants his insurance company to pay more money, the insurance company doesn’t have to listen. In a personal injury trial, if the plaintiff’s lawyer says the word “insurance” in front of a jury, even though insurance is involved in the case, the defense attorney can jump up and ask the judge for a mistrial.
Why can’t the plaintiff’s lawyer tell jurors it is the insurance company, not the person, we are after? It’s nearly impossible for jurors (and plaintiff’s lawyers) not to feel sympathetic toward the little 93 year old lady with sparkly eyes who sits at the defense table. She’s not the target. She’s the face insurance companies hide behind as they deny your claim, and impugn your character in court.
Motorcycle cases frequently involve broken bones, torn soft tissue and concussion. Injured cyclists frequently suffer wage loss and impaired earning capacity. The financial losses may be huge. The experienced plaintiff’s lawyer will know where to look to recover those losses and how to maximize your recovery.
For help in staying safe, consider taking the motorcycle training course through the TEAM OREGON Motorcycle Safety Program. DMV will waive the on-cycle skills test for motorcycle applicants who present a TEAM OREGON Intermediate Rider Training course completion card. Always wear a good helmet, face mask, eye protection, and protective clothing to give yourself a fighting chance when that driver who is distracted puts you in grievous danger. Give yourself a fighting chance by hiring Steve Smucker, motorcycle and accident injury attorney, as your advocate.
What to do and not to do following a Motorcycle Accident
- Take pictures of the scene, motorcycle, and injuries.
- Keep evidence, scraped helmets and torn leathers.
- Call police.
- Get the names and phone numbers of any witnesses.
- Record date, time, location, road conditions, weather, lighting, relative speeds, etc.
- Save medical bills. Safeguard photos.
- Do not give a statement to the other driver’s insurance company, without first talking to a lawyer, otherwise you may be surprised how what you say is interpreted.
- Do not sign anything without knowing your legal rights. Even signing medical releases for the other driver’s insurance company can have unexpected consequences. If you have already signed something, call a personal injury attorney to find out how you can undo the damage.
If you’re looking for an expert motorcycle accident lawyer, contact Steve Smucker for a free consultation.
Crash analyses show that head and neck injuries account for a majority of serious and fatal injuries to motorcyclists. Research also shows that, with few exceptions, head and neck injuries are reduced by properly wearing an approved helmet.
Oregon Law states:
You must wear an approved motorcycle helmet whenever you ride a motorcycle, as either a driver or passenger, or a moped.
All motorcycles and mopeds must be equipped with:
- At least one but not more than three white headlights.
- At least one red tail light.
- One white license plate light.
- At least one red brake light.
- Turn signal lights (for motorcycles only) if the motorcycle was built after 1972.
- A red reflector on the rear.
- At least one rear view mirror.
- One horn.
- Fenders on all wheels.
- At least one brake operated by hand or foot.
- An exhaust system in good working order
For the Oregon DMV motorcycle and moped manual, see: www.odot.state.or.us/forms/dmv/6367.pdf
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