Protecting Your Rights After a Motorcycle Accident

Motorcycle accidents can be devastating, often resulting in severe injuries and a complex legal aftermath. If you’ve experienced a motorcycle accident in Washington, it’s crucial to understand your rights and the steps you should take to protect them. At Jeffrey S. Floyd & Associates, PLLC, we want to provide insight into how you can safeguard your rights and build a strong case if you’ve been involved in such an unfortunate event.

Motorcycle accidents are, unfortunately, not uncommon. In Washington, they account for a disproportionate number of fatal and severe injury crashes. According to the Washington Traffic Safety Commission, motorcycles represented about 15% of all traffic fatalities, despite making up only 3% of registered vehicles in the state. These statistics underscore the importance of taking immediate and informed actions after an accident to ensure your rights are protected.

After a motorcycle accident, emotions run high, and injuries may be severe, making it difficult to think clearly. However, the actions you take immediately after the crash can have a significant impact on your case.

Here's a step-by-step guide:

• Ensure Safety and Seek Medical Attention: Your health is the top priority. Call emergency services to the scene and seek medical attention, even if you believe your injuries are minor. In many cases, symptoms of serious injuries such as traumatic brain injury (TBI) or internal damage may not be immediately apparent. Washington state law also requires you to report any accident involving injuries to law enforcement, who will create an official accident report.
• Document the Scene: If you're able, gather evidence at the accident scene. Take photos of the vehicles, the road conditions, any visible injuries, and any other relevant factors. This documentation can be crucial for proving fault later on. Also, get the contact information of any witnesses, as their statements may bolster your case.
• Do Not Admit Fault: Be cautious about what you say at the scene. Washington is a comparative fault state, which means that even if you are partially at fault, you may still recover compensation. However, admitting fault or making statements that could be interpreted as such may reduce the amount of compensation you’re entitled to. Let the investigators and your attorney determine liability based on the evidence.
• Notify Your Insurance Company: Washington operates under a "fault-based" insurance system, meaning that the at-fault party is responsible for compensating the injured party. However, it's essential to notify your own insurance company as soon as possible. While you're obligated to cooperate with your insurer, avoid providing recorded statements or signing any settlement offers before consulting with an attorney. Insurance companies often aim to minimize payouts, and early settlements may not reflect the full scope of your damages.
  

Motorcycle accidents often occur because drivers of other vehicles fail to notice motorcyclists. Some of the most common causes include:

1. Left-turn collisions: A driver turning left across traffic might not see an oncoming motorcycle, leading to a serious accident.
2. Lane changes: Many accidents occur when drivers fail to check their blind spots before changing lanes.
3. Speeding and reckless driving: Speeding cars pose a significant threat to motorcyclists, who have far less protection in an accident.
   

Washington has specific laws that can influence the outcome of a motorcycle accident claim:

Comparative Fault

Washington follows a "pure comparative negligence" rule, which means that even if you're 99% at fault for the accident, you can still recover 1% of the total damages. However, your compensation is reduced by the percentage of your fault. This rule makes it all the more critical to have a skilled attorney on your side, ensuring that the other party's fault is adequately demonstrated.

Statute of Limitations

In Washington, motorcycle accident victims have three years from the date of the accident to file a personal injury lawsuit. This window may seem lengthy, but building a strong case takes time. Investigations, evidence gathering, and negotiations with insurance companies often take months or even years. Failing to file within this time frame could mean losing your right to compensation entirely.

Helmet Laws

Washington law requires all motorcycle riders to wear a helmet, and failure to do so may impact your injury claim. While not wearing a helmet doesn’t prevent you from seeking compensation, it could reduce your damages if the defense argues that your injuries were worsened by not wearing protective headgear.

Hiring an experienced personal injury attorney, such as those at Jeffrey S. Floyd & Associates, PLLC, can be invaluable after a motorcycle accident. Here’s how an attorney can help:



• Thorough Investigation: Your attorney will investigate the accident, gather evidence, and consult with experts to establish liability. This can include reviewing police reports, surveillance footage, and medical records to build a strong case.
• Negotiating with Insurance Companies: Insurance companies often attempt to settle quickly and for less than what you deserve. Your attorney will handle negotiations to ensure that any settlement reflects the full extent of your injuries, lost income, pain and suffering, and other damages.
• Filing a Lawsuit: If a fair settlement can’t be reached, your attorney will be prepared to take your case to court. Having legal representation significantly increases the likelihood of a favorable outcome.
  
  

Being involved in a motorcycle accident can turn your life upside down, but you don’t have to navigate the legal complexities alone. Jeffrey S. Floyd & Associates, PLLC is dedicated to helping motorcycle accident victims in Washington protect their rights and obtain the compensation they deserve. Understanding your rights and taking immediate action is essential for a successful recovery—both physically and financially.

If you've been injured in a motorcycle accident, don’t wait—contact Jeffrey S. Floyd & Associates, PLLC for a free consultation and let us help you protect your rights and pursue the compensation you deserve.

References:

Washington Traffic Safety Commission - Motorcycle Data

WSDOT Crash Data Portal

Centers for Disease Control and Prevention (CDC) - Helmet Safety

Washington State Department of Licensing - Motorcycle Laws