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Motorcycle Accident FAQ

If you suffered an injury in a motorcycle accident, you have come to the right place. At the Law Offices of Matthew D. Dubin we have years of experience handling claims resulting from motorcycle accidents. Our clients love us because we understand what they are going through. We listen to their concerns and we always return their calls. We provide compassionate counsel throughout the claims and litigation process and we provide expert and aggressive representation against the insurance companies, which are often determined to pay you less than your claim is worth.

Below are some frequently asked questions about motorcycle accidents and legal claims resulting from these dangerous and all too common events. At the bottom of the page, you can request a free consultation to discuss your possible claim, as well as a free informational brochure.

How many people are killed each year in motorcycle accidents?

According to the latest statistics (2013) gathered by the Governors Highway Safety Association, around 4,000 people die each year in motorcycle accidents, though the number appears to be decreasing. The most common cause for motorcycle fatalities is head injury. Although helmets decrease head injuries, they still happen frequently. Compared to car accidents, motorcyclists are 37 times more likely to die in an accident each year. Even those motorcyclists who survive their accidents tend to suffer injuries that are much more catastrophic than those suffered by victims of car accidents.

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Should I hire an attorney in my motorcycle accident case?

It is important to have an experienced Seattle motorcycle accident attorney to protect your rights and to make sure you are not abused by the insurance company. An attorney can coordinate with all of the various insurance companies and health care providers, can conduct a comprehensive investigation and can document your injuries to make sure you get the recovery you deserve.

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How long do I have to file a lawsuit in a motorcycle case?

All cases in Washington are subject to a Statute of Limitations, which requires that a lawsuit be filed within a certain time following the accident. Depending on the circumstances of the case, this period could vary. It is important that you consult with an attorney knowledgeable in motorcycle accident cases as soon as possible following the accident.

What if I was partly at fault for causing the motorcycle accident?

Even if you were partly at fault for causing the accident, you still may be entitled to make a recovery for your injuries. Under Washington law, your recovery will be reduced by your percentage of fault. So if you were 30% at fault for the accident and your case is worth $100,000, you may only recover $70,000.

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I don't have insurance on my motorcycle. Can I still make a claim for my injuries?

Absolutely. The fact that you did not have insurance on your motorcycle does not in any way prevent you from making a claim against the driver who caused the accident.

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What kind of damages can I recover in a motorcycle accident case?

Just as with a car accident case, victims of a motorcycle accident may recover the cost of their medical bills, lost earnings and other expenses. In addition, a motorcycle accident victim may make a recovery for pain, emotional distress, disability, disfigurement, loss of enjoyment of life, damage to family relationships and impaired future earnings. In the case of a death caused by a truck accident, the family may recover for the pain and suffering of their family member before his death, as well as loss of emotional support, love affection and care, and in certain cases, loss of economic support.

Is an expert witness necessary in a motorcycle accident case?

While not always necessary, an expert witness can be an important part of establishing a motorcycle accident case. Expert witnesses can determine the speed of the vehicles involved and can express opinions on the most likely may the accident happened. They can also provide testimony regarding the rules of the road as applied to motorcycles.

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What kind of investigation is necessary in a motorcycle case?

As with any accident, a prompt investigation can be the difference between winning and losing. The insurance company will likely try to claim that the motorcycle operator was partially or completely at fault for causing the accident. An early investigation to identify witnesses, obtain physical evidence and establish how the accident really happened is essential in every motorcycle case. An experienced Seattle motorcycle accident attorney will know exactly what kind of investigation needs to take place, and will get the necessary information right away.

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Who can be held responsible for injuries or death resulting from a motorcycle accident?

Whoever was at fault for causing the accident can be held responsible. Usually, it is the driver of a car and truck who caused the accident, but if the operator is at fault for causing the accident, the passenger may have a claim against him. Although the claim is against the driver who caused the accident, in almost every case there is insurance that will provide coverage for the loss.

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Who can sue for a motorcycle accident case?

Anyone injured in the accident can bring a claim - either the motorcycle operator or the passenger. If the operator was killed in the accident, certain family members are authorized to bring a survival or wrongful death claim under Washington law.

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What if I am involved in an accident that was not my fault?

Motorcycles face a much higher risk than cars of being hit by another vehicle. Motorcycles can be hard to see because of their size, especially for drivers of larger vehicles. There are numerous situations that can result in an accident that is not your fault. If you are involved in a motorcycle accident, you should follow the same steps outlined in our car accident FAQ: Call the police, gather information, take photographs and seek medical attention. Do not speak to the other drivers' insurance company before consulting with a qualified motorcycle accident attorney.

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