Settlement Factors in Motorcycle Accidents
Motorcycle accidents are some of the most damaging types of collisions. When a motorcycle crash occurs, riders are often thrown off the bike. With little to protect them from the collision impact, motorcycle accident victims are likely to suffer catastrophic or fatal injuries.
Victims of motorcycle accidents can file a personal injury claim to hold liable parties accountable for injury damages. Because motorcycle accident damages tend to be high, settlements for this type of claim are typically high as well. Here, motorcycle accident lawyer Hardin Ramey discusses settlement factors in motorcycle accidents, which may affect how much our Dallas, TX, clients receive from a personal injury claim.
Significance of Injuries
One of the factors that will impact a motorcycle accident settlement the most is the significance of accident injuries. Specifically, we must calculate the cost of medical bills related to accident injuries and anticipated costs of any future medical needs. Medical expenses that may be covered by a motorcycle accident settlement include:
- Cost of treatments, procedures, or surgeries
- Cost of hospitalizations
- Cost of prescription medication
- Cost of assistive medical devices
- Cost of assisted care
- Cost of rehabilitation and therapy
Amount of Lost Wages
Motorcycle accident injuries often require medical attention and time for recovery, which may require injury victims to take time off work and miss out on pay. The amount of wages a person loses while recovering from motorcycle accident injuries are accounted for when calculating injury settlements. If injuries leave our Dallas clients unable to return to work or limit their wage-earning capacity, accident settlements should reflect those losses as well.
Degree of Pain and Suffering
It is difficult to put a number on a person’s pain, but our Dallas clients may be compensated for physical and emotional suffering related to a motorcycle accident. The court usually calculates pain and suffering damages by taking the sum of economic damages and multiplying it by a number between one and five. The value of the multiplier depends on the degree of a person’s pain and suffering.
Was There Gross Negligence?
Texas allows the court to award punitive damages in motorcycle accident cases if it is established that the defendant exhibited gross negligence. Punitive damages serve as a punishment to the defendant for behavior that was especially reckless or malicious. Examples of gross negligence in motorcycle accidents include driving under the influence of drugs or alcohol, speeding at an excessively high rate, and blatantly disobeying traffic laws.
Were Both Parties Partially At-fault?
The amount of a motorcycle accident settlement depends largely on what caused the accident and who was at fault. Texas uses a modified form of comparative negligence, meaning more than one party can be held partially responsible for a collision. Injury victims found partially at fault for a crash can have their injury settlement reduced by their proportion of liability.
Personal injury lawyer Hardin Ramey works with motorcycle accident victims to pursue compensation for injury damages. If you have been injured in a crash and would like to discuss your potential settlement amount, send us a message and request a case review.