In 2024, there were 395 traffic accidents involving motorcyclists in the state of Delaware, 5% of those were fatal. Motorcycles tend to have a “bad rap,” but it is often not the rider who causes the crash; other negligent individuals are to blame. If you were injured in a motorcycle accident, you need fierce and experienced legal representation. Just because you were a motorcyclist does not mean you are entitled to any less compensation for the injuries and losses you suffered than any other motor vehicle accident victim.
Having a skilled motorcycle accident lawyer in Delaware on your side will help ensure your success. Let our experienced team at BMF help. Contact us today!
What a Delaware Motorcycle Accident Lawyer Wants You to Know
If you were hurt in a motorcycle accident in Delaware, here is what our attorneys think is most important to understand.
- In 2024, Delaware saw 395 traffic accidents involving motorcyclists, and 5% of those crashes were fatal, but it is often another negligent driver, not the rider, who caused the crash.
- Motorcycles offer little to no safety protection, no seat belts, airbags, or impact protection, which is why even a minor crash can lead to substantial injuries.
- Liability may extend beyond another driver to a commercial truck operator, business entity, government agency, manufacturer, maintenance provider, or property owner.
- You generally have two years from the date of the accident to file a motorcycle accident lawsuit in Delaware, though the deadline can differ for minors, mentally incapacitated individuals, and claims against government agencies.
Why Do Motorcycle Riders Often Suffer Severe Injuries?
It should come as no surprise that motorcycle riders in an accident are likely to suffer serious injuries, even in what would be considered a minor crash. Motorcycles offer little to no safety protections. Unlike car passengers, riders do not have seat belts, airbags, or impact protection. Motorcycles are often more difficult for other drivers to see, travel at high speeds, and offer little physical protection to their riders. A minor accident can easily throw riders to the ground, leading to substantial injuries, or worse.
What Compensation Can You Recover in a Motorcycle Lawsuit?
Compensation in a motorcycle accident lawsuit can include a variety of losses, including:
- Current and future medical expenses;
- Property damage, i.e., cost to replace your bike;
- Lost wages and lost future earnings;
- Pain and suffering; and
- Loss of consortium.
What types of damages and precisely how much you might be able to seek will depend on the circumstances unique to your case.
What Factors Influence the Outcome of Motorcycle Accident Claims?
A variety of factors will play a role in the type and amount of compensation you may be able to recover as a result of the accident. These include:
- Applicable insurance policy limits,
- Whether you are partially at fault,
- The severity and nature of the injuries,
- Recoverability from the injuries,
- The impact on your ability to earn a living, and
- Effect on your daily life.
At your consultation with your motorcycle accident attorney in Delaware and throughout your case, our attorneys will keep you informed of what to expect.
Injured on a Motorcycle? Don’t Let Bias Cost You Compensation
Motorcyclists are often unfairly blamed for accidents that other negligent drivers actually caused. Our Delaware motorcycle accident attorneys investigate every liable party and fight to make sure you recover the same full compensation any other accident victim would be entitled to.
Schedule A ConsultationWho Might Be Liable for My Injuries?
More often than not, the responsible party will be another driver, likely a car driver. However, there are other potentially liable parties, including:
- A commercial truck operator,
- A business entity,
- A government agency,
- Manufacturer,
- Maintenance provider, or
- A property owner.
It is important to keep in mind that more than one person or entity may be wholly or partially responsible. Our Delaware motorcycle accident lawyer is experienced in investigating all potentially responsible individuals. We will investigate the who, what, when, and how of the situation to ensure all liable parties are held accountable.
What Are Common Motorcycle Accident Injuries?
The range of potential injuries from a motorcycle crash is vast. They can range from minor and quick-healing to catastrophic and life-changing. Common types of injuries we see are:
- Road rash,
- Lacerations,
- Internal bleeding and organ damage,
- Fractured bones,
- Traumatic brain injuries and head wounds,
- Spinal cord injuries,
- Neck injuries, and
- Death.
If you are lucky enough to walk away from a motorcycle accident with only minor injuries, it is vital that you still seek medical attention. Injuries can be slow to manifest or masked by the adrenaline from what you just endured.
Severe injuries may require lengthy hospital stays, specialist care, surgery, long-term rehabilitation, and more. It is important to keep copies of all of your medical records, bills, and receipts as you will need them later.
What Financial Challenges Do Motorcycle Accident Victims Face?
Any accident victim will face financial challenges, but given the gravity of most motorcycle accident injuries, the financial difficulties can be steep. Financial challenges can include:
- Emergency medical attention;
- Ongoing medical care, including surgeries;
- Rehabilitation services;
- Prescription expenses;
- Income disruption, both short and long term;
- Inability to participate in childcare and household services;
- Reduced ability to perform physical job duties, and
- Costs associated with long-term recovery.
Within hours of the accident, you may already be facing substantial bills that continue to mount over time. The more medical care you need and the more time away from work, the more quickly and steeply your finances can be strained.
How Long Do You Have to File a Lawsuit from a Motorcycle Accident?
Typically, Delaware law allows accident victims to file a lawsuit within 2 years of the accident. However, there are exceptions to the general rule that can change that filing deadline. For instance, the deadline for filing may be shorter or longer for:
- Minors,
- Mentally incapacitated individuals, and
- Claims against government agency defendants.
It is essential to meet with an experienced attorney as soon as you can to ensure you do not miss the applicable statute of limitations for your case.
Contact our Motorcycle Accident Lawyer in Delaware
Our personal injury lawyers are experienced in representing accident victims in the most complex and challenging cases. We have the knowledge and skill necessary to take on even the toughest insurance carriers. Let us put our experience to work for you while you heal and rebuild your life. Contact us today to schedule a no-cost, no-obligation consultation.
Legal References Used to Inform This Page
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