Motorcycle Accident Questions

How are motorcycle accidents different than automobile crashes?

Stability and vulnerability. Two wheels are inherently less stable than four and things that wouldn't count as an accident in a car (spinning out for instance) often result in injury for a motorcycle rider. They are also much more vulnerable – without the steel cage surrounding them, seatbelts and airbags, motorcycle accidents often result in more serious injuries. These include fatalities and closed head injuries (see: wrongful death, traumatic brain injuries).

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How do I know if I have a case?

The short answer is if you (or your passenger) were injured and it was at least partly the fault of another person. The "other person" could be a driver who made a mistake, someone who failed to maintain a road properly or even something falling off a moving vehicle. Evaluating your circumstances can only properly be done by an attorney experienced in motorcycle injury lawsuits and you can get a free initial consultation to receive an opinion.

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Does it matter if I was wearing a helmet or not?

In Montana, only those under 18 are required to wear a helmet while riding a motorcycle. The same rules apply to ATVs. If the accident was not your fault, the fact that you were not wearing a helmet cannot be held against you.

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I was a passenger on a motorcycle that crashed, do I have a case?

The factors that make a case when a passenger is injured are the same as for the operator. The difference may be an action against the operator of the motorcycle if they caused the accident. Who you actually sue will depend on the circumstances and the seriousness of your injuries.

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Why do I need to hire a lawyer who specializes in motorcycle crashes?

While motorcycle and auto accident lawsuits share some elements, the differences are worth noting. A motorcycle crash is 18 times more likely to result in a fatality and 3 times more likely to result in an injury less than death when compared to an auto accident. Motorcycles are harder to see and many car drivers do not understand the "rules of the road" when it comes to sharing with motorcyclists. Solomon Neuhardt is a motorcyclist himself. He brings a personal knowledge to cases he takes on.

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A car turned in front of me and I crashed but didn't hit the car. Do I have a case?

You may. Having to avoid a collision, leading to a crash and injury would be actionable if you can prove the other driver's failure to yield right of way. Witnesses may be critical to establishing fault. Tracking down the other vehicle is also critical (if they did not stop). Please ask us to evaluate the circumstances in your situation.

What can I collect for if I win?

Commonly, damages will include:

Medical Expenses -

• Emergency care
• Hospitalization related to the accident
• Reconstructive or other surgery
• Follow up care and physical therapy
• Psychological counseling

Other types of compensation—

• Repair of your bike (or replacement)
• Rehabilitation
• Lost wages
• Compensation for pain and suffering

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I have been offered a settlement for the damage to my bike, should I take it?

While it is common to separate out physical injury settlements from property damage, you have to be careful that you are not signing away your rights by accepting a partial resolution. If you have no injuries and the payment is reasonable (covers the amount of damage), you may be fine. However, if you have injuries or medical bills, you would be well advised to seek legal advice.

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How much does it cost to hire an attorney?

The initial consultation is free. If we accept your case, you will not have to pay anything upfront. Our fees are taken from any settlement you get and cannot be over a percentage set by Montana law. This structure is called a contingency fee basis. The fee is contingent (depends on) winning a settlement.

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How long does it take to reach a settlement?

If the case is straightforward and not of high value (tens of thousands of dollars or more), the case may be settled quickly. More complex cases can stretch over a year or more. The reason is that insurance companies will want to investigate and may even stall to pressure you into settling. There is also the issue of whether your injuries will be long term. Sometimes a medical condition isn't clear for some time after the injury happens. One thing you can count on though, your attorney will work on your behalf to resolve the case as quickly as is practical. The lawyer doesn't get paid until you collect.

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I was injured while trail riding, can I sue?

Maybe. If your accident was the result of an improperly maintained trail or there were other factors (another off road vehicle for instance), you might have a case. While the rules of the road are different for trail riding or on private property, common sense still applies. You may have an action against the property owner or even a government entity if they are responsible.

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What if someone was killed in a motorcycle accident?

Survivors who are related or dependent on the person killed often bring wrongful death suits to seek compensation for the loss. Lawsuits can be based on the estate of the deceased or damages to loved ones (loss of income, loss of companionship).

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