Were You Injured Because Of Someone Else's Negligence? Browse Our FAQs
In addition to coping with a lot of stress and frustration, personal injury cases also come with a lot of questions. Here are some of the questions we hear the most at Max Meyers Law.
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How soon should I get medical care after my motorcycle crash? Seeing a Doctor Right Away Helps Our Washington Motorcycle Accident Lawyer Build a Better Claim for Compensation
Even if you don’t believe you were hurt, or suffered what seem to be minor injuries, put your health first. Taking this step is vital for many reasons, especially when you need to pursue an injury settlement from the negligent party who caused the crash.
At Max Meyers Law, our experienced motorcycle accident legal team has a strong track record of success fighting for the rights of motorcycle crash victims like you. Here’s our advice for preserving your well-being and protecting your claim.
3 Reasons You Need Medical Care Right After Your Accident
There are many mistakes that can be made after a motorcycle collision, but taking a chance on your health shouldn’t be one of them. You could weaken your case and make it harder for our legal team to get you all the damages you are entitled to under Washington law.
A doctor at an emergency room, urgent care facility, or a physician’s office should examine you within 72 hours after your wreck. Here are three reasons we believe this is crucial.
#1: You May Not Realize You Were Severely Injured
The shock of the motorcycle accident or adrenaline could mask the symptoms of some serious injuries for days or weeks after the crash. If you don’t get treatment for them right away, you may not know how badly you’re hurt until conditions worsen or you suffer a life-threatening emergency. Common hidden injuries you may have suffered include:
- A traumatic brain injury (TBI)
- Whiplash or other neck injuries
- Back injuries
- Spinal injuries
- Internal injuries
- Post-traumatic stress disorder (PTSD), depression, anxiety, and other mental health conditions
Protect your well-being and have a comprehensive exam right after your motorcycle accident.
#2: Your Claim for Compensation Will Be Stronger
By getting quick medical care for your injuries, you strengthen your claim for compensation. Why is this true? You’re proving that your injuries were caused by the motorcycle collision and not another incident. In addition, you’re establishing from the start that your injuries are severe enough to require certain types of medical attention, treatment, and rehabilitation.
#3: You May Avoid Some Disputes With the Negligent Driver’s Insurance Company
Insurance companies often argue about the cause of motorcycle accidents or the seriousness of the victim’s injuries to reduce the amount of the settlement or deny paying a claim. If you delay taking care of your health, you give them ammunition to fight about why they shouldn’t have to pay you, which complicates the settlement process. But clear documentation to back up your claim for medical expenses, lost wages due to recovery, and other crash-related issues, these facts are hard to dispute.
Why Following Up on Your Medical Treatments Is Vital
It’s equally important to your health and your claim to follow your provider’s advice about your treatment plan. You should attend all doctor appointments, get diagnostic tests, and attend scheduled physical therapy sessions. If you do this, you show how life-altering your injuries are and that you’re doing your part to recover from them as quickly as possible.
If you haven’t followed your physician’s advice, missed appointments, or have gaps in your medical care, the at-fault driver’s insurance adjuster could argue that your injuries are less severe than you claim. They would also try to force you to accept a lower settlement.
Why You Should Contact Max Meyers Law Soon After Your Washington Motorcycle Accident
After you get immediate medical care, call us right away. We take over all actions necessary to settle your claim so you can focus on getting better. Here are some ways we’ll assist you:
- Collect evidence. This includes the police report, eyewitness statements, traffic and business video footage of the crash, and your medical records—all essential to prove your case.
- Negotiate your settlement. We understand the tactics adjusters may use to dispute your claim and have strategies to refute them. We assess all aspects of your economic and non-economic losses and fight for your rightful settlement.
- Litigate your case. If necessary, we’ll sue the at-fault motorist if their insurance company refuses to treat you fairly. We aren’t afraid to try your case at a jury trial if this is in your best interests.
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What are my options if the person who caused my motorcycle accident lies about it? When the At-Fault Driver Lies About Your Motorcycle Crash, Our WA Accident Lawyer Suggests These Tips to Protect Your Rights
You suffered injuries and property damage in a motorcycle collision caused by a negligent driver, which is bad enough. But when they lie about the reasons for it—or try to shift all the blame on you—the situation escalates from bad to worse pretty quickly. You must take the proper steps to protect your right to compensation.
Since 1997, Max Meyers Law has helped motorcycle accident victims like you with effective strategies to fight back if the driver lies about your crash and their insurance company tries to deny your claim or pay you far less compensation than you deserve. Here’s what you should know.
Why the Driver Might Have Lied About Your Washington Motorcycle Accident
While you might not want to understand the person’s motivations, it will help you cope more easily with the situation and stay clear-headed about how to construct your claim. Here are some common reasons for motorcycle accidents and why motorists often don’t tell the truth about their involvement.
- Increase in insurance premiums. Admitting fault in a motorcycle accident can significantly raise premiums. They could also worry that their policy will be canceled if they have other traffic tickets or collisions on their driving record. By lying, they may hope to avoid these financial repercussions.
- Legal consequences. Depending on the circumstances of the motorcycle collision, the motorist might try to avoid getting a traffic ticket, points on their driving record, or even more severe penalties. If they were driving while intoxicated, they could be afraid of being arrested for drunk driving.
- No insurance. If the negligent driver doesn’t have insurance required under Washington law, they may lie about the accident to avoid the legal and financial consequences of driving without coverage.
- Loss of driving privileges. A serious or repeat traffic violation can result in the motorist's driver's license being suspended or revoked. So they might not tell the truth to protect their ability to drive.
5 Essential Steps to Take if This Happens to You
Not only might a reckless driver not tell the truth about the crash, but they could also make statements to their insurance company or to the police that you caused the crash. If you’re in this situation, stay calm and take the right steps to prove your case.
1. Don't Argue
Engaging in an argument at the accident scene can escalate the situation, and your statements might be used against you later. Instead, focus on gathering information and staying composed.
2. Be Truthful
Always be honest about how the motorcycle accident happened. Your consistent and accurate account supports your credibility and helps prove your case.
3. Contact the Police
Report the accident to law enforcement immediately. A police report is an official record of the collision and contains important details about it. In addition, the officer's conclusions about the cause of the wreck are crucial in disputing false claims made by the other driver.
4. Collect Evidence
If you’re able to, gather as much evidence as possible from the motorcycle accident scene. This includes taking photos, collecting witness statements, and documenting any damage to the other vehicle, your motorcycle, and your injuries. Evidence is critical to prove what actually happened.
5. Retain an Attorney
If the driver is lying about the collision, you need to hire a motorcycle accident lawyer immediately. The entire team at Max Meyers Law will help you gather additional evidence to build a solid case and defend your rights to an insurance adjuster.
How a Motorcycle Accident Lawyer Assists You When the At-Fault Driver Makes False Claims
If the other driver lies about what happened, you’ll face an uphill battle trying to settle your motorcycle accident claim. An adjuster will use their insured’s statements against you and try to find other evidence to support them. This information is leveraged to deny your claim or drag out settlement negotiations, hoping they can wear you down.
Here are the many ways the motorcycle accident team at Max Meyers Law builds a case that supports your rights to justice and compensation:
- Investigation. This may include reviewing the police report, viewing the crash scene, gathering additional witness statements, and obtaining any available video footage from traffic cameras or nearby businesses.
- Expert testimony. If necessary, we may recommend hiring an expert witness, such as an accident reconstruction expert, to provide a professional analysis of how the motorcycle accident occurred. They review all the evidence, examine the damage to the vehicles, and view the crash scene to create a reenactment of your motorcycle accident. Their report and testimony can be instrumental in disproving the driver's and their insurance company's false claims.
- Negotiation. We take over all communications and negotiations with the insurance adjuster so you’re not taken advantage of and will provide them with the evidence that proves the cause of the collision accurately. We also attempt to negotiate a settlement that fully compensates you for your injuries
- Litigation. If a fair settlement cannot be reached, we won’t hesitate to prepare your case for court and litigate your claim. I’ll argue your case at a jury trial to fight for the compensation you deserve if the insurance company and their driver continue to deny responsibility to compensate you.
It’s incredibly frustrating to be in a position where you’re fighting to reveal the truth, get a fair settlement, and move on with your life. Trust us to be on your side to strongly advocate for what’s right.
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How will I pay for my surgery after a motorcycle accident? Even at low speeds, Seattle motorcycle accidents often cause serious injuries to the rider. Without the common safety protections provided in cars—such as seat belts, airbags, and a metal cage—riders are subjected to more instances of blunt force trauma, fractures, damaged organs, spinal cord injuries, and brain injuries. Many of these injuries – from torn ACLs to broken wrists to broken necks – require surgery.
How can you afford these expensive surgeries, and who is ultimately responsible for the bill at the end of the day? It’s essential to know all your options for how to pay for surgery after a motorcycle accident—including holding the at-fault driver liable for injury compensation.
Using Personal Injury Protection (PIP) or MedPay Coverage
Some people assume that if they have car insurance or motorcycle insurance, it covers any expenses related to accidents that they have. Unfortunately, this isn’t necessarily true, and the vast majority of people don’t carry enough insurance or the right type to cover all accident injury expenses.
Some motorcycle riders in Washington may have optional Personal Injury Protection (PIP) or MedPay as part of their vehicle insurance plan. PIP covers medical bills and other expenses, like lost wages, while MedPay only covers medical expenses.
However, it’s important to note that motorists and motorcycle riders aren’t required by Washington state law to carry PIP. Although most insurers are mandated to offer it, riders can reject the coverage in writing.
Unless you’ve elected for more coverage, PIP plans often only cover the first $10,000 of medical costs. The surgery or surgeries that you require after a crash may be significantly more than that, especially in addition to other medical expenses such as:
- Emergency room treatment
- Ambulance rides
- Doctors’ visits
- Medication
- Medical equipment
- Therapy and rehabilitation
How to Pay for Surgery After a Motorcycle Accident: Health Insurance Coverage
Your private or public health insurance plan may be another option for paying for surgeries related to motorcycle crash injuries. However, you shouldn’t assume all your medical costs will be covered by insurance. As you might know from past experience, health insurance often only kicks in after you hit an annual deductible, and many plans require copays or for you to pay a certain percentage of costs.
In addition, your insurance may not cover certain medications, medical equipment, and other associated costs of surgery and recovery, like lost wages.
The bottom line? Even with PIP, MedPay, and health insurance coverage, the surgeries you require for full recovery are expensive.
Responsibility of the Parties at Fault to Compensate for Your Injuries
In Washington, the individual or entities found liable for the accident should also be held responsible for footing the bill. Clearly establishing who was at fault for your bike accident is vital for getting your surgery costs covered and reimbursed—and a skilled motorcycle injury lawyer may be able to help you do that.
In many cases, a few of your early medical expenses may be covered by a PIP or MedPay plan. Then, if you have health insurance, it might also cover some or most of your medical expenses like surgery, depending on your policy.
However, if you file a claim and have the at-fault party’s insurance coverage pay for your medical expenses, you’ll be paid for your out-of-pocket costs and your insurer is reimbursed for its payments as well.
Paying for Future Medical Costs
It’s imperative to keep in mind that medical costs don’t end after your initial trip to the emergency room or after surgery. Treatment expenses can continue for days, months, or even years after a motorcycle accident. You may require ongoing medications, rehabilitation, or follow-up surgeries—and these costs add up.
For this reason, you must ensure that your legal team thoroughly calculates and secures compensation for your past, current, and future medical needs when filing a motorcycle accident claim.
Think Before Signing Settlement Offers
Insurance companies often attempt to save money by quickly sending motorcycle crash victims settlement offers after a crash, especially if it’s obvious their policyholder was at fault. These settlement offers frequently underestimate all related medical expenses—and signing these offers may result in you getting stuck with more costs in the future.
Be sure to speak with a knowledgeable Seattle motorcycle accident attorney before giving statements about your accident to insurers and definitely prior to accepting any offers. -
Can the insurance company spy on me after I file a motorcycle accident claim? After an accident, motorcyclists face a high risk of sustaining severe and potentially life-altering injuries. Even when a full physical recovery seems likely, unexpected medical debt accumulates quickly. With the high costs of health care only continuing to rise, any accident—no matter how minor—could leave individuals on the verge of insolvency.
Motorcycle accident victims don’t need to pay the price for someone else’s negligence. Under Washington state’s tort-based insurance system, motorcyclists injured in an accident that wasn’t their fault have a legal right to file a claim for compensation. However, insurance company surveillance is a common tactic used to reduce or even deny a claim.
Insurance Companies and Surveillance
Accidents can be expensive. Since most Americans cannot afford to pay collision-related expenses out-of-pocket, every state—with the exception of New Hampshire—requires motorists to carry a minimum amount of liability insurance.
Since Washington has a fault-based insurance system, motorcycle accident victims can file a claim for compensation against the at-fault motorist’s insurance company. However, insurance companies are fundamentally for-profit enterprises. While obliged to offer benefits to an injured rider, rarely do they offer a fair settlement without first issuing an investigation. During this process, an adjuster assigned to your claim could:
- Ask you to provide a recorded statement, hoping your narrative diminishes the company’s liability.
- Demand your consent to supposedly “independent” medical examinations, often scheduled with a physician known to write off accident-related injuries as “pre-existing” conditions.
- Contract private investigators, whose sole responsibility is uncovering evidence that an accident-related injury is being exaggerated or misrepresented.
Even if you have the necessary evidence to establish the other driver’s fault and substantiate your injuries, their insurance company could proactively search for a reason—any reason—to undermine your claim, watching your every move until you make a mistake. This surveillance can be intrusive, inconvenient, and unnerving.
Unfortunately, the practice is largely legal. So long as the insurance company’s investigators don’t trespass upon your property or attempt to enter your place of business, they may follow you, photograph you, and even take videos of you.
How Insurance Investigators Keep Tabs on Motorcycle Accident Claimants
Here are just a few ways insurance investigators sometimes keep tabs on motorcycle accident claimants.
Pictures and Video Footage
When an adjuster believes a motorcycle accident claim has been exaggerated or falsified, they could contract a private investigator to monitor an individual in many ways, such as when they:
- Run errands
- Go to the gym
- Take a vacation
If the investigator finds a claimant participating in activities that wouldn’t be possible if the injury were genuine, they’re permitted to take pictures or covertly create a video record to use as evidence in later negotiations.
Interviewing the Victim’s Associates
Insurance company surveillance sometimes includes soliciting interviews from people it believes could have knowledge about the motorcycle accident victim’s physical well-being. Potential interviewees include:
- Friends and family members
- Neighbors
- Coworkers
During investigative interviews, an adjuster may ask questions about the individual’s routines, habits, and lifestyle. The purpose of such interviews is to determine any inconsistencies between the victim’s claims and their post-accident actions.
Monitoring the Victim’s Social Media
After an accident, investigators may seek limited access to the victim’s social media accounts, including:
- YouTube profile
- TikTok
While social media has many advantages, an unsecured account can act as a veritable treasure trove of information for insurance investigators, who could use vacation pictures, routine updates, and location check-ins as evidence that a claimant has exaggerated their injuries.
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How much insurance money should I get after a Seattle motorcycle accident? Motorcycle crashes can have life-altering consequences. After an accident, victims often struggle to regain control of their lives and reestablish their independence. While Washington state law affords survivors the right to file a claim for compensation against the person or party who caused their accident, obtaining damages can prove unexpectedly difficult. There are three critical factors that affect your motorcycle accident claim—here’s what you should know.
Assessing Damages and Estimating Compensation in a Seattle-area Motorcycle Crash Claim
Washington has a tort-based insurance system. Under the Evergreen State’s at-fault insurance laws, accident victims may file a claim for compensation against the motorist who caused their crash. However, securing fair compensation—even in an at-fault insurance state—poses considerable challenges. It might seem you have an open-and-shut case, yet your settlement’s size and success could be contingent on the following factors.
Determination of Fault
Establishing fault after a Washington motorcycle accident is potentially difficult if there weren’t eyewitnesses and physical evidence is inconclusive. Unless the other motorist is willing to admit they made a mistake, it could be your word against theirs.
Since insurance companies are fundamentally for-profit enterprises, they often seize any excuse—no matter how minor—to devalue or deny compensation. If their client claims the accident wasn’t their fault, they could try to pressure you into accepting a lowball settlement by demanding never-ending evidence of your injuries, paid medical expenses, and other damages.
Insurance Coverage Limits
Washington state law requires any person who owns a motor vehicle or motorcycle to purchase liability insurance that meets or exceeds the following amounts:
- $25,000 for injuries or death to another person.
- $50,000 for injuries or death to other persons.
- $10,000 for property damage.
Even if you can establish that the other motorist definitively caused your Seattle-area motorcycle accident, your recovery could be limited—at least initially—by their policy limits. However, if your damages exceed the at-fault motorist’s coverages, you could still obtain additional compensation through a personal injury lawsuit.
Anti-Motorcycle Bias
While it may not be fair—or even particularly sensible—anti-motorcycle bias exists, and it can present a significant impediment to accident victims’ rights. When insurance adjusters, judges, and juries are impacted by anti-motorcycle bias, they may be more inclined to believe that the motorcyclist’s own misconduct caused or contributed to the accident.
Since Washington has enacted comparative negligence laws, any finding of fault—even partial fault—could chip away at an injured victim’s award, depriving them of the same compensation they need to eradicate their medical debt or replace lost income from missed work.
How a Washington Motorcycle Accident Lawyer Helps Fight for Your Rights
Insurance negotiations are rarely straightforward. However, you don’t have to entrust your physical health and mental well-being to an adjuster who may be more motivated by profit margins than your pain and suffering. A savvy Washington motorcycle accident lawyer stands up for your rights by:
- Assessing your damages. Currently, the state doesn’t cap damages available to motorcycle accident claimants. Your lawyer could help review your medical bills, total your property damage, and consult with health care professionals to determine your long-term and continuing care needs. We will only begin negotiating a settlement after we comprehensively understand the resources necessary to reclaim your independence.
- Analyzing evidence from the crash site. Your attorney is an essential ally in analyzing evidence from the accident site, such as photographs of your visible injuries or vehicle damage. If you were unable to collect evidence from the scene of the crash, we could dispatch investigators to preserve any evidence that might otherwise be lost or disposed of.
- Interviewing eyewitnesses. Eyewitness testimony can make or break a motorcycle accident claim. We provide assistance by interviewing eyewitnesses whose information you have already collected, or locating potential witnesses who may have seen the collision firsthand.
- Negotiating a fair settlement. An experienced Washington motorcycle attorney has spent years litigating claims against insurance companies and negligent motorists. Your lawyer should know what to expect going into negotiations and have the means to overcome even the most vigorous of defenses.
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What does a motorcycle endorsement mean in Washington State, and why do I need one? Motorcyclists are required to have a motorcycle endorsement to ride legally in Washington State. Getting that endorsement may be a hassle, but motorcyclists who ride without the endorsement put themselves at risk both on the road and off.
What Is an Endorsement?
A motorcycle endorsement is a special designation added to a Washington State driver’s license to certify that an individual has proven they understand how the rules of the road apply to motorcycle riders and that they are competent to ride their motorcycle on Washington’s roads and highways.
The motorcycle endorsement, also referred to as the 2W endorsement, requires a cyclist to pass four tests: two written exams covering motorcycle knowledge and two evaluations of motorcycle driving skills. If a motorcycle rider wants to use a side-car attachment, a stabilizing conversion kit, or a motorized trike, that rider needs to earn their 3W endorsement, which includes a single written exam followed by a single driving test.
Motorcyclists under the age of 18 must earn their endorsement by completing an approved motorcycle safety course and passing the tests at the end of that class. Riders who are older than 18 do not have to take the course and may sign up to take the test at any approved motorcycle training school.
What Are the Penalties for Riding Without an Endorsement?
It is illegal to operate most two- and three-wheeled cycles without an endorsement. Some mopeds do not require one, but it is the cyclist’s responsibility to check whether their vehicle requires an endorsement: any bike or trike with an engine larger than 50cc OR which can travel at speeds above 30 m.p.h. requires the proper 2W or 3W endorsement to operate on the road.
Motorcyclists who are pulled over on vehicles like this without the proper endorsement face a fine of $386 or more; in addition, their scooter, motorcycle, or motor-tricycle can be impounded by law enforcement. Washington State also requires all motorcycle drivers and their riders, even those on vehicles with engines smaller than 50cc, to wear a helmet every time they get on the road.
How Does a Lack of an Endorsement Affect My Personal Injury Claim?
It is important to remember that Washington is a comparative negligence state, which means that the fault or blame for an accident can be shared between the motorists involved in an accident if it can be shown that the actions of each rider contributed to the accident. Because it is illegal to operate a two- or three-wheeled vehicle without the proper endorsement, investigators could interpret that behavior as negligent. This means that the motorcyclist may be considered partially at fault for the accident because they were driving without proof that they understood motorcycle laws and regulations or evidence of driving competency for their vehicle.
This is especially worrisome for motorcycle riders who were injured in an accident that was caused by another driver, because the lawyers for that other driver will argue in court that their client should not be held liable for the motorcyclist’s injuries because that rider was not properly licensed. Even if the court determines that the motorcyclist was not the primary cause of the accident, opposing lawyers may attempt to use comparative negligence to decrease or eliminate the amount of compensation their client must pay the injured motorcyclist.
In addition, because the injuries sustained by motorcyclists are frequently severe, and therefore expensive to treat, insurance companies may attempt to deny payment to an injured motorcyclist by arguing that driving without a motorcycle endorsement shifts responsibility for the injuries to the motorcycle rider.
What Can I Do If I Have Been Injured Driving a Motorcycle Without the Proper Endorsement?
Do not let traffic investigators, opposing counsel, or an insurance company bully you out of the compensation you deserve. Contact our offices to schedule your free consultation to learn how the legal team at Max Meyers can help you. When you talk with our staff, be sure to request our free book: Motorcycle Accident Secrets Unlocked to learn more about how to protect your rights as a motorcyclist in Washington State.
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Can I Get Sciatica from a Motorcycle Accident? Traumatic accidents can cause sciatica. If you damage your spine or muscles in a location that compresses the sciatic nerve, you could get sciatica from a motorcycle accident.
If you are suffering from sciatica or another spinal cord injury after a crash someone else caused, a motorcycle accident attorney can help you fight for compensation for your related expenses. At Max Meyers Law, we handle motorcycle accident cases for clients throughout Washington State. Call us at 425-399-7000 for a free consultation about your claim.
How Can I Get Sciatica From a Motorcycle Accident?
Sciatica happens when the sciatic nerve gets compressed or irritated in the lower back. Since there are several nerve components that merge to form the sciatic nerve, there are multiple points in your back where damage from a motorcycle accident could result in sciatica.
Because the sciatic nerve is so large and consists of multiple nerve roots, several different types of injuries or conditions could cause sciatica after a crash.
Fracture
If you break a lumbar vertebra, one of the resulting problems can be sciatica. Two common causes of lumbar fractures are serious trauma, like falls or motor vehicle accidents, and weakened spines due to underlying medical conditions. If you have osteoporosis or are taking a medication that can weaken your bones, you are at higher risk of a lumbar fracture in a motorcycle wreck.
Herniated Disc
You can develop sciatica from a herniated disc after a motorcycle crash. Other terms for this injury are:
- Slipped disc;
- Ruptured disc;
- Bulging disc;
- Protruding disc; and
- Pinched nerve.
This condition happens when the gel-like substance inside a disc in your back leaks out. The gel irritates the nerve root. Discs are the small, coin-shaped parts that act as shock absorbers between the bones in your spinal column. Many people with herniated discs experience sciatica.
Muscle Strain
If you sustain muscle strain in your lower back from the accident, the resulting inflammation can compress the sciatic nerve and cause sciatica.
Scar Tissue
You can develop sciatica from the crash long after the accident. If you form scar tissue in the lumbar region of your lower back from your injuries, the scar tissue can compress one of the nerve roots and give you sciatica.
Infection
If you develop an infection in an injured area or surgical site in your lower back, the infection can cause inflammation and can irritate the nerve root, resulting in sciatica.
How Can I Tell If I Might Have Sciatica?
With sciatica, you might experience pain, numbness, tingling, or weakness in your buttocks, hips, or the backs of your legs. You might have one symptom in one area and a different feeling in another. For example, you might have pain in your lower back, hip, and back of your upper leg, and your calf might feel like pins and needles. The pain could radiate all the way down the back of your leg.
You might feel a mild ache or a sharp, stabbing pain that becomes excruciating if you sit for too long or move a certain way. Some people experience a burning sensation. Weakness in your leg muscles is another common symptom of sciatica.
If you believe your motorcycle accident caused sciatica, it is essential to seek medical treatment.
When Should I Seek Medical Treatment for Sciatic Nerve Pain After a Crash?
You should seek immediate medical attention if you have symptoms of sciatica after a crash. Untreated sciatica can cause permanent nerve damage. You might even require emergency surgery if you are experiencing numbness, muscle weakness, bladder or bowel incontinence, or sudden or severe pain.
Seeking immediate medical attention immediately will also help with the motorcycle accident claims process. If we can get a doctor to link your sciatica to your crash, you stand a better chance of proving another driver is liable for your damages. Your medical visits will also provide proof of your related treatment costs.
Are There Non-Surgical Treatments for Sciatica?
Not everyone with sciatica needs to undergo surgery. According to the Mayo Clinic, many cases respond well to non-surgical treatments, such as:
- Anti-inflammatory or narcotic pain medication;
- Steroid injections; and
- Physical therapy.
Even if you did not require surgery to treat your sciatica, our motorcycle accident team might be able to help you get compensation for these or other non-surgical treatments.
How Can I Get Help If My Motorcycle Crash Caused Sciatica?
If your doctor diagnosed you with sciatica after a motorcycle crash, the legal team at Max Meyers Law might be able to help. If we can build a strong case showing that someone else caused your accident and your injuries, we can pursue compensation for your damages. Call 425-399-7000 to get your free consultation with a member of our transportation accident team.
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What Is the Average Settlement for a Motorcycle Wreck? Every accident is unique, so we cannot estimate the value of your motorcycle wreck settlement without examining your case. But we can discuss the factors that affect the value of your case.
Recoverable Economic Damages After a Motorcycle Accident
Losses that are measurable in dollars and represented by documentation like receipts, bills, invoices, and other business records are economic damages. These can include:
- Medical expenses. We will collect the records to show all the reasonable medical costs you incurred as a result of the collision. Some examples are bills from the ambulance, emergency room, hospital, surgery, specialists, your primary care doctor, diagnostic tests, x-rays and other imaging services, lab work, prescription medications, equipment and supplies, physical therapy, rehabilitation, and ongoing medical treatment.
- Lost wages. If you missed time from work because of your injuries, treatments, and recuperation, we will seek your lost wages as part of your economic damages.
- Property damage. The cost to repair or replace your bike is an economic damage.
- Future medical treatment. If we can link them to the accident, the negligent party will be liable for future medical treatments that are necessary and reasonable.
- Decreased earning potential. Severe injuries can have residual effects that make a person no longer able to perform a previous job or require switching to a different career path. If you suffer physical or cognitive impairments that reduce the amount of money you can earn, we can work with a vocational expert and include the calculated amount of loss in your damages.
- Disability. Sometimes people are unable to work at all after a significant motorcycle collision. You may qualify for compensation for losing your livelihood, and we can work with vocational experts to determine the value of this loss.
- Long-term care. The cost of long-term care can be astronomical, particularly if you are relatively young at the time of the motorcycle wreck. We will include these expenses in your claim for damages.
- Wrongful death. If your loved one lost their life in a motorcycle accident, we can file a wrongful death action to recover compensation for this tragic loss.
Recoverable Non-Economic Damages After a Motorcycle Accident
Although non-economic damages are harder to prove, our experience in handling motorcycle crashes gives us the tools we need to determine the fair amount of compensation you should receive. Your non-economic damages can include:
- Pain and suffering
- Post-traumatic stress disorder (PTSD)
- Psychological distress, anxiety, and depression
- Disfigurement
- Loss of enjoyment of life
- Loss of consortium
Comparative Negligence Affects Settlement Value Too
Some motorcyclists may face a bias after an accident in that many view motorcyclists as reckless. If the other party alleges you contributed to the wreck, your comparative negligence could reduce the value of your claim.
For example, if the other party successfully argues you are 20 percent at fault for the wreck, it would reduce the value of your claim by 20 percent.
But First, You Must Establish the Defendant’s Liability
To recover any compensation in the first place, your claim must establish the four factors of personal injury liability:
- Duty of care. Every driver must follow the rules of the road and operate their vehicle in a safe and reasonable manner.
- Negligence. Failure to meet the standards of the duty of care is negligence. Driving while intoxicated, for example, is negligent. So is driving aggressively or running red lights and stop signs.
- Causation. Your case must prove that the defendant’s negligent actions led to your accident.
- Damages. Finally, your case must establish that you suffered physical, emotional, and/or financial damages because of the motorcycle wreck. These include the economic and noneconomic damages listed above.
If you or a loved one sustained injuries in a motorcycle accident, contact Max Meyers Law. Call us at 425-399-7000 to set up a free consultation.
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Can You Get PTSD From a Motorcycle Accident? Motorcycle accident victims can develop Post-Traumatic Stress Disorder (PTSD) as a result of the trauma they have experienced. Many people who have experienced motorcycle wrecks suffer psychological and emotional distress afterward, including physical and emotional pain and suffering, depression, anxiety, and PTSD.
How Can I Get PTSD From a Motorcycle Accident?
According to a 2009 study, motor vehicle crashes are a common cause of PTSD in the civilian population. About 25 percent of people injured in vehicle wrecks develop some degree of PTSD.
You are most at risk for this condition if:
- Another person in the motorcycle crash died;
- You had a previous violent injury;
- You feel some guilt over the wreck;
- You are female; or
- You have a history of depression.
Researchers have found no one is immune to PTSD. You can develop PTSD after a crash regardless of your education level, marital status, or injury severity.
What Is PTSD?
The 2013 Diagnostic and Statistical Manual of Mental Disorders (DSM-5) provides the diagnostic criteria for PTSD. A person diagnosed with this condition could experience serious side effects that include:
- Persistently re-experiencing the traumatic event through such things as nightmares, flashbacks, or upsetting memories;
- Avoiding things that could trigger memories of the traumatic event;
- Feelings of isolation;
- A lack of interest in activities;
- Partial amnesia about the traumatic event;
- Feeling extremely negative;
- An inability to sleep or concentrate;
- Hypervigilance;
- Irritable or aggressive behavior;
- Destructive or high-risk behavior; and
- An extreme startle reaction.
To qualify as PTSD, these symptoms must last for longer than one month, and cause the patient to be unable to function at work or socially.
If you believe you might have PTSD after a motorcycle accident, contact a mental health professional immediately. It is essential that you get the help you need to minimize the effects PTSD can have on your everyday life.
How Can PTSD Affect My Life?
According to the American Psychiatric Association, the disturbing, intense feelings and thoughts can linger long after the traumatic event. This can easily disrupt your life and make it difficult for you to keep your job and maintain relationships. People with PTSD can experience divorce, depression, financial crisis, substance abuse, and other mental health challenges.
How Can PTSD From a Motorcycle Crash Affect My Settlement?
The medical experts agree that PTSD is a real phenomenon that can turn a person’s life upside down. If PTSD has negatively impacted your life, you might be able to recover emotional distress damages for those losses, in addition to the typical damages recoverable in a personal injury claim.
PTSD damages can be a hybrid of economic and non-economic losses. Your economic damages could include the cost of your PTSD treatment, lost wages, and decreased earning potential. Your non-economic damages would reimburse you for the mental anguish and emotional distress of what you are suffering. Also, if your PTSD renders you unable to ride a motorcycle again, you can recover damages for your loss of enjoyment of life.
How Do I Prove That the Motorcycle Wreck Caused My Condition?
A motorcycle accident attorney can use the records and testimony of your treatment team to build your case that the motorcycle crash caused your PTSD. These cases can be challenging because the symptoms can take time to develop. The symptoms of PTSD become evident in most people within three to six months of the wreck, but in some people, the condition surfaces even later. The more time that passes between the accident and the PTSD symptoms, the harder it is to establish a causal link. That is why it is so important that you seek professional help as soon as you suspect you might be suffering from PTSD.
Who Can Get PTSD From a Motorcycle Accident?
Motorcycle riders can get PTSD from the direct experience of sustaining a severe or life-threatening injury in a crash, but other people can also develop the condition. You are a candidate for PTSD if you were:
- A passenger on the motorcycle, even if you had no significant physical injuries;
- An occupant of a vehicle involved in or near the wreck;
- A witness to the accident as it happened;
- A person who saw severely or fatally injured victims;
- A bystander who provided assistance to people hurt or killed;
- A first responder who helped or treated the victims; or
- A loved one dealing with the traumatic aftermath of your family member’s motorcycle crash.
How Can I Get Help Recovering Damages After a Motorcycle Crash?
If you or a loved one has suffered PTSD after a motorcycle crash, call Max Meyers Law today at 425-399-7000. We will sit down with you and evaluate your claim for free, with no pressure or obligation. We can investigate your case, determine who caused the crash, and calculate the value of your associated damages. If you qualify for compensation, our legal team will help you file your claim with the at-fault driver’s insurance company.
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How Should I Prepare a Motorcycle for Winter Storage? Putting your motorcycle away for the winter to protect it from the elements and doing the right maintenance can ensure it is ready to hit the road in the spring. Block off a few days to follow these steps and extend the life of your bike.
Should I Change the Oil Before Putting My Motorcycle Up for the Winter?
Yes. The contaminants found in dirty oil can corrode your engine. Run your motorcycle for a few minutes, then drain the oil and replace it with the oil your owner’s manual recommends.
Also fill your gas tank and add a fuel stabilizer, then start your bike. Let the stabilizer run through your fuel system. Never leave your gas tank half-empty over the winter. Rust can develop inside the gas tank if it is not full, and varnish can form in the engine if the gas does not contain a stabilizer.
How Do I Charge the Battery While My Bike is in Storage?
The best way to keep the battery charged without frying it is to use a battery charger and minder. An overcharged battery can not only be unusable, it can also explode. Remove the battery and connect it to a battery charger and minder.
What Maintenance Will My Motorcycle Need Before Winter Storage?
Check your tires and make sure they have the correct pressure. Lube the cables and chains and do any other maintenance your owner’s manual recommends. Some motorcycle enthusiasts suggest that you clean the carburetors in the fall to prevent “gunk.”
You should also prevent rodents and other small animals from nesting in your mufflers for the winter by either inserting motorcycle exhaust plugs in the mufflers or at least placing a plastic bag over the cooled muffler and securing it with a rubber band.
Should I Wash My Motorcycle Before Putting it in Storage for the Winter?
Yes. Dirt and bugs on your bike can cause corrosion or rust. After completing all the service and maintenance, give it a thorough wash, let it dry in the sun, then wax it to protect the paint.
What Should I Use to Cover My Motorcycle for the Winter?
Whether you store your bike indoors or outside, you should protect it with a cover. Do not just throw a plastic tarp over your motorcycle, because it will trap moisture. Your bike’s chrome, painted surfaces, and internal parts can corrode from trapped moisture. Use a breathable cover designed for use with motorcycles. Make sure your bike has completely cooled before you cover it.
Where Should I Store My Motorcycle for the Winter?
You have several viable options. Many dealerships offer indoor heated storage. You can also rent a heated storage unit or store your bike in your garage or shed. Heated storage is preferable to unheated. If you do not have an indoor location for your motorcycle to spend the winter, park it on a plywood sheet and cover it up, recommends Consumer Reports.
What Equipment Do I Need to Winterize My Motorcycle?
You will need these items to perform the required maintenance on your bike before putting it into winter storage:
- Your owner’s manual
- Bucket, sponge, car washing soap
- Hose and water
- Clean rags
- Motorcycle oil and filter
- Oil funnel and pan
- Gasoline in a container
- Motorcycle gasoline stabilizer
- Battery charger and minder
- Motorcycle exhaust plugs
- Breathable motorcycle cover
- Any parts and tools needed to complete additional maintenance your owner’s manual recommends
Should I Carry Insurance on My Motorcycle When It Is in Storage?
Yes. Verify that your motorcycle insurance will cover your bike for possible damage that can occur during storage. Your bike is expensive, so it is worth the cost of premiums to protect it, even if you are not regularly riding during Washington State’s winter months.
Max Meyers Law helps motorcyclists injured in wrecks that other drivers cause. If you suffer injuries in a motorcycle accident that was not your fault, call us today at 425-399-7000. We also invite you to read our eBook, Motorcycle Accident Secrets Unlocked.
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What is the motorcycle accident claims process in Washington? What is the motorcycle accident claims process in Washington?
If you were in a motorcycle accident in Washington, your first step in the claims process is to contact your insurance company as soon as reasonably possible. Be careful of what you say during this conversation. Your insurance company may record your phone call and use any admission of fault against you during the claims process.
Provide as much factual information as possible, including the accident report number and the name, badge number, and branch of law enforcement of any responding officers. Also provide the names, contact information, and insurance information for the other drivers.
If your insurance company asks about the extent of your injuries or the amount of damage to your motorcycle, do not speculate. Tell them you will share this information when you know the full extent of each.
The motorcycle accident attorneys at Max Meyers Law can help you obtain documentation of your medical and repair costs to present to your insurance company. We can also protect your interests during the claims process to be sure you receive a fair settlement.
How is liability determined after a motorcycle crash?
If the other driver was completely at fault for your crash, your insurance company will negotiate with the other driver's insurance company to pay for your damages.
The insurance company may only offer to cover out-of-pocket expenses like medical bills, property damage, and lost wages. Our lawyers can help you negotiate a settlement that covers these expenses and includes compensation for your pain and suffering.
If the other driver was at fault but uninsured, you can still get compensation for your damages through your own uninsured motorist coverage. If your uninsured motorist coverage has low policy limits, we can take action against the uninsured driver for additional compensation.
What if I was at fault for my accident?
If you were completely at fault in the accident, your insurance will cover your damages and will pay compensation to the other driver. If your insurance limits are too low to pay all the damages of the other driver, he can sue you for the difference.
If you and the other driver were both partly at fault in the accident, you can make claims against each other. Washington is a pure comparative fault state, so the amount of your negligence will reduce the amount of money you recover.
If it is unclear who was at fault, both sides will investigate the accident. Our lawyers will investigate the accident and collect the evidence like the accident report, eyewitness reports, expert testimony, or security camera footage to prove what happened.
How do I calculate my damages?
We will need to calculate the value of any property damage, injuries, and other recoverable damages you sustained. We can obtain documentation to prove expenses like:
- Medical bills detailing the treatment of your injuries;
- Estimations of future medical care costs like prescription drugs, rehabilitation, ongoing care, or costs associated with a disability;
- The cost to repair or replace your motorcycle; and
- Lost wages and lost earning potential.
Disfigurement, pain and suffering, and loss of companionship are difficult concepts to negotiate with an insurance company. We will fight hard to get you the compensation you deserve for these damages.
What is the negotiation process like?
We will negotiate with the insurance company on your behalf. We will present our calculation of your damages and work with them to establish a fair settlement.
During the negotiation process, you have the final say in accepting a settlement. We can advise you on when to accept an offer from your insurance company.
How can I receive my settlement?
Once we reach an agreement with the insurance company, they will present the terms of the agreement and a waiver for review.
The waiver is a document in which you agree never to file another claim for this accident. This is why it is essential that you do not settle until you know how your crash will affect your health and your ability to work.
After you sign these documents, we will file them with your insurance company so you can receive your settlement and begin your recovery.
How can I get help with the motorcycle accident claims process?
At Max Meyers Law, we will fight hard to protect your rights after a motorcycle crash. We will meet with you and evaluate your claim. Call us today at 425-399-7000 to schedule your free, no-obligation consultation.
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How to Get a Motorcycle License in Washington State To get a motorcycle license in Washington state, you need to visit an approved motorcycle training school and complete one of two riding assessments.
Option #1: Pass a Knowledge and Skills Test
Your first option is to pass a knowledge and riding skills test. The knowledge portion of this test will simply measure your understanding of the state’s driving laws and how to safely operate a motorcycle. Questions may include:
- How to swerve correctly
- What to do if your tire goes flat while riding
- How a passenger riding your motorcycle should be positioned
The riding skills portion will require you to put your knowledge to action by demonstrating your ability to legally and safely operate your motorcycle.
This skills assessment includes the following five tasks:
(Note: you can click on each of the riding skills tasks to see a brief demonstration.)
After passing your knowledge and riding skills test, you will be given a green score sheet, which you will then need to take to a Washington State licensing office within 180 days to claim your motorcycle license.
Option #2: Take a Motorcycle Safety Course
Your second option for acquiring a motorcycle license in Washington is to successfully complete a motorcycle safety course at an approved motorcycle training school.
Find the training school nearest you.
This safety course includes the knowledge and riding skills tests. Once you have passed the course, you will receive a course completion card, which you will need to take to a licensing office within 180 days to claim your motorcycle license.
Find the licensing office nearest you.
Additional Motorcycle Licensing Requirements in Washington
The Washington State Department of Licensing expressly states that additional steps are required to secure your motorcycle license if you meet any of the following criteria:
Under 18 years of age
Riders under the age of 18 must pass an approved rider course and receive parental permission to take the course before they can apply for a motorcycle endorsement.
Valid out-of-state motorcycle license or endorsement
New Washington residents with an out-of-state license need to follow these five simple steps to receive their Washington motorcycle license:
- Establish residency in Washington
- Choose between a standard or enhanced driver license
- Check if you can pre-apply online
- Visit a local driver licensing office
- Get your motorcycle license
Non-resident stationed here on military duty
Non-residents must successfully complete a state-approved safety course at a motorcycle training school or military base.
Once you have passed the course and applied for a Washington driver’s license, you will have 180 days to bring your completion card to a licensing office to get your motorcycle endorsement.
Washington resident stationed in another state on military duty
Washington residents living out of state must complete and pass:
- An approved Motorcycle Safety Foundation (MSF) course
- A Basic Rider Training course (if in Idaho or Oregon)
- Motorcyclist Safety Program Training (if in California)
After completing the required assignment, gather the following documentation:
- Copy of your Washington driver license (both sides)
- Copy of your course completion card (both sides)
- Proof of active duty military status
- Notice of Surrender form for an Enhanced Driver License (EDL) – if you have an EDL, you must surrender it to get a motorcycle license
You will need to send a letter requesting a motorcycle endorsement, along with this supporting documentation and a small fee, to:
The Washington State Department of Licensing
450 3rd Ave W, Suite 100
Seattle, WA 98119Permit Requirements and Restrictions for Permit Holders
Any rider who is at least 16 years of age and has a valid Washington State driver’s license can apply for a motorcycle permit after successfully passing a motorcycle operation knowledge test.
Riders under 18 must have a parent or guardian sign a consent form. After receiving a permit, it will be valid for 90 days.
To renew your permit for an additional 90 days, you will need to visit a licensing office and pay a renewal fee. In order to renew your permit, you must meet these requirements:
- Passed the knowledge test within the past 180 days
- Had no more than on permit in the past five years
If you need a third permit, bring documentation of your enrollment in a motorcycle training course to the licensing office.
Note: It is important for permit holders to remember that while riding a motorcycle on a public roadway in Washington State, it is against the law for them to carry passengers or to ride while it is dark.
Frequently Asked Questions
Q: Do I Need a Motorcycle License to Ride a Moped?
A: You do not need a motorcycle license to operate a moped in Washington State. Only a valid driver’s license.
Washington State Legislation RCW 46.20.500 states that any person 16 or older, who holds a valid driver’s license of any class issued by the state, “may operate a moped without taking any special examination for the operation of a moped.”
Q: Do I Need a Motorcycle License to Ride an Electric Bike?
A: You do not need a motorcycle license to operate an electric bike in Washington State.
Washington State Legislation RCW 46.20.500 states that, “no driver's license is required for operation of an electric-assisted bicycle if the operator is at least sixteen years of age.”
Important Notice for Unlicensed Motorcyclists
Remember: It is illegal to operate a motorcycle in the state of Washington without a valid license or permit. For more information on how to get your motorcycle endorsement or permit, please visit the Washington State Department of Licensing website.
However, if you are ever in an accident without a license, it may not mean you are at fault. You can still file a claim even if you do not have a valid motorcycle license.
Download our free guide, Motorcycle Secrets Unlocked for more on motorcycle accidents and insurance claims. If you've suffered injuries from an auto accident, contact our offices today or call us at 425-428-6052 to schedule a free consultation, we have proudly servicing clients throughout Bothell, Kirkland, and the surrounding areas.
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Is the driver making the turn always at fault for a left turn motorcycle accident? “Right of way" laws exist to make it clear what each person’s obligation is when proceeding through. If you or someone you care about suffered injuries in a left turn motorcycle accident, you need the help of an attorney to know what your rights are. Contact Washington car accident attorney Max Meyers Law PLLC today.
What does Washington law say about right of way?
Washington state statute § WPI 70.02.01 states that any driver intending to turn left at an intersection "shall yield the right of way" to any oncoming car or other vehicle approaching from a reasonable distance.
However, the right is not absolute. The statute goes on to say that, "The duty to exercise ordinary care to avoid collisions at intersections rests upon both drivers." However, the statute clarifies, that it is the left-turning driver's primary duty and responsibility to maintain "a fair margin of safety at all times."
So what does this mean in all practicality? It is clear that the liability for a left-hand turn would usually rest on the driver making that turn. So, for example, if the driver did not have his turn signal on and the oncoming motorcyclist had no way of knowing that the driver intended to turn, this would support liability on the part of the driver.
However, on the other hand, if the motorcyclist was traveling while intoxicated or otherwise impaired and simply failed to pay attention to the driver's turn signal, he may be liable for the accident.
What evidence would be relevant in such a case?
Sometimes fault is straightforward; other times it is complicated and highly contested. Evidence to support the determination of which party was responsible for the accident may include:
- Witness statements
- Photographs
- Surveillance video
- Testimony from drivers and passengers
So what should you do?
Left turn motorcycle accidents can be serious and the injuries sustained can be severe. But you also need to recognize that the legal issues involved can be complex and more than you should try to handle by yourself.
If you or someone you care about was hurt in a left turn accident, contact Max Meyers Law PLLC at 425-399-7000 or fill out our online contact form for a free consultation.
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What causes single-vehicle motorcycle accidents? The most common causes of single-vehicle motorcycle accidents include speeding, alcohol and drugs, bad road conditions, and malfunction. According to the National Highway Traffic Safety Administration (NHTSA), of the 4,668 fatal motorcycle accidents in the U.S. in 2013, 22 percent were single-vehicle motorcycle accidents with a fixed object.
A 22-percent fixed object collision rate eclipses the other types.
- Eighteen percent fatal accidents caused by passenger cars
- Fourteen percent for light trucks
- Four percent for large commercial trucks
Their two wheels and light weight increase the odds that a motorcycle will skid, slide, or topple; commonly called “lay-downs.”
Lay-downs are most frequent under these conditions.
- During poor weather (rain, ice, high winds)
- On curved streets and road,
- With inexperienced riders
Speeding
The NHTSA views motorcycle crashes to be caused (or related) to the biker speeding if they were either charged with a speeding, or if police mention speeding in their accident reports as a contributing factor by the biker: either driving too fast for traffic or road conditions, or exceeded the posted speed limit.
Its 2013 report listed biker speeding as the cause in 34 percent of fatal crashes; again, the largest category when compared to the others.
- Passenger car drivers driving above the posted limit (32 percent)
- Light truck speeders (18 percent)
- Large commercial truckers (eight percent)
Alcohol and Drugs
In fatal crashes in 2013, The NHTSA concluded that motorcycle riders involved in all crashes had higher percentages of “substance” impairment than any other type of motor vehicle operator (27 percent).
- Passenger car drivers (23 percent)
- Light-truck drivers (21 percent)
- Semi trucks (two percent)
Bad road conditions and sudden road hazards also contribute to a large number of bike wrecks. Often, obstacles such as tree branches and items that fall into the street from other vehicles; and even confusing road signs, can cause experienced riders to suddenly react and lose their “biker balance” – sending them into an uncontrollable skid.
In any event, those responsible for the road obstacle; or careless drivers who cause single bike accidents, may be held liable for injuries suffered by the motorcycle rider.
Vehicle Malfunction
A failure of the bike or problems with a motorcycle part can make it impossible to operate safely the bike. Defects like braking and steering problems can increase the risk of a motorcycle accident. The Honda brake recalled in 2011, and 2013 come immediately to mind. But faulty replacement parts or poor repair services can also send a motorcycle careening out of control.
High Performance Bikes
The NHTSA also mentioned that even though high performance “racing” bikes (Sport and Supersport models) make up a small percentage of the total number of motorcycles on the road, they account for a disproportionately larger percentage of bike accidents.
The NHTSA notes increases in fatal accidents with bikes that have larger engines over those with smaller ones. And a US Department of Transportation report in 2001 suggested the death rate among riders of high-performance motorcycles could be as much as twice that of conventional motorcycle riders.
For a motorcycle accident lawyer after a crash in Washington State, contact Max Meyers Law at 425-399-7000.
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I was in a motorcycle accident without license. Can I still recover damages? It is against the law to ride a motorcycle in Washington State without a valid motorcycle license (unless riding with a valid permit, with which motorcyclists may not ride after dark or while carrying passengers).
However, your lack of a valid permit or license may not mean that you’re automatically at fault for a motorcycle accident, nor does it ultimately impede your right to recover damages. Here’s what you need to know if you’re in a motorcycle accident and don’t have a license.
Who was at fault?
If the accident was 100 percent your fault, then you may be barred from recovering damages. If the accident was less than 100 percent your fault, then Washington State’s comparative negligence laws permit you to recover damages.
However, motorcycle law also reads that your amount of damages diminishes in proportion to your percentage of the blame. In other words, you can file a claim, but if you were 15 percent at fault, then your damages award will be reduced by 15 percent.
Even if you weren’t riding your motorcycle with a valid license at the time of the crash, the accident could still have been the fault of the other driver. If the collision would have occurred regardless of having a motorcycle license or not, you’ll need to prove it.
Proving Fault
To prove the fault of the other driver, you’ll have to demonstrate that the driver was doing something negligent that lead to the crash. Types of negligence may include this list.
- Speeding
- Running a red light
- Following too closely
- Driving while under the influence of drugs or alcohol
- Driving too fast for the conditions
You will need to collect evidence to prove negligence. Types of evidence that you should collect to substantiate your claim include the following listed.
- Photographs of the accident scene/physical damage
- Police reports
- Witness testimony
- Driver Blood Alcohol Content results
- Video/camera footage
If you can prove that the other driver was at fault, then you have the right to recover damages.
How a Motorcycle Accident Attorney Can Help
Even if you believe that the other driver was at fault, an insurance company may try to pin the responsibility for the accident on you based on the fact that you didn’t have a motorcycle license at the time of crash.
For assistance in building a defense to this claim, call a Washington State motorcycle accident attorney at Max Meyers Law PLLC. For help in dealing with the insurance company, filing a claim, or proving fault, contact the motorcycle accident lawyer now at 425-399-7000.
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After a Kirkland motorcycle accident do I need to call my insurance company if the accident wasn’t my fault? Yes! Most insurance policies require you to report a motorcycle or motor vehicle accident within a certain amount of time of the accident. This time frame is usually no more than 72 hours. You need to do this even when the accident isn't your fault. Your failure to do so can result in the insurance company denying your claim for repair of your bike, payment of your medical bills or any other payments you may have been entitled to if you made a timely report of loss.
You may not realize certain things following an accident are designed to going through your insurance first and then be repaid later by the at-fault driver's insurance company. This is most common in PIP insurance when dealing with medical bills, but is also common for repair bills.
The biggest reason to report is in case the at-fault driver has no insurance or not enough insurance to cover all your medical bills, lost wages and any other harms and losses. In this scenario you may have uninsured motorist or underinsured motorist coverage on your motorcycle insurance design to help in this kind of situation. When your medical bills exceed the at-fault driver's insurance you need to make a underinsured motorist claim or you'll have to pay those bills yourself. It's insurance coverage you bought just in case of this kind of worst case scenario, which unfortuanely is all to common in mototcycle accident cases.
In addition to contacting your insurance company, you should also contact a Kirkland motorcycle accident attorney, so that you can learn what your rights are before signing anything or speaking with the at fault driver's insurance company. A good first step is to order our book Motorcycle Accident Secrets Unlocked. -
What is Underinsured Motorist (UIM) coverage? Underinsured Motorist (UIM) coverage is an optional type of insurance you buy on your auto insurance policy to protect you and your family against vehicles that have inadequate insurance coverage. Many cars on Washington state roadways do not buy enough auto insurance to cover all the damages caused by a car accident.
If you're seriously injured in a collision your doctor bills can quickly exceed the Washington state minimum insurance requirements of 25,000. This is especially true for motorcycle and bicycle accidents. A trip to the ER with broken bones or a serious head injury can easily cost over $10,000. If you require surgery and several days in the hospital your doctor bills can push past the $25,000 quickly.
When an at-fault driver does not have enough insurance your UIM coverage is design to step in and supplement the at-fault party’s insurance. It’s designed to be another layer of protection for you. Your UIM insurance will be asked to pay for all the damages you suffered in the accident caused by the negligence of the at-fault driver.
UIM insurance often pays:
- Doctor bills
- Lost wages
- Out-of-pocket expenses (like special braces, crutches, wheelchair rental, etc.)
- Mileage to and from doctor appointments
- Intangible harms like pain & discomfort
For example, assume you're seriously injured in a motorcycle accident and suffer a broken wrist and broken leg which both require surgery to repair at Harborview Medical Center. You could easily have $40,000 in hospital bills and will miss three months of work resulting in $10,000 in lost wages.If you have UIM insurance with a limit of $300,000 and the at-fault driver only had $25,000 of liability insurance, then the at-fault driver's insurance will likely pay its policy limits of $25,000 to you. (Assuming you have no fault in the accident.) At that point, your UIM insurance will step in and be responsible for paying the remaining medical bills, lost wages, other out-of-pocket expense, and fairly compensate you for all other harms and losses.
Note that this differs from Uninsured Motorist (UM) coverage, which covers you if the at-fault driver has no insurance or leaves the scene of the accident.
If you’re in a serious injury accident in Washington and don’t know if there’s adequate insurance to pay your bills, you probably should call an experienced Washington accident attorney to learn more about your legal rights. If you have questions call us at 425-399-7000.