Motorcycle accidents in Maryland can lead to serious injuries and significant financial stress. Understanding average motorcycle accident settlements for these incidents provides insight into what you might expect from the filing of a motorcycle accident claim.
What is the Average Motorcycle Accident Settlement in Maryland?
The average motorcycle accident settlement in Maryland ranges from $50,000 to $150,000 when a motorcycle accident injury is moderate.
The average settlement amount in these personal injury cases is based on the reason for filing the motorcycle accident claim, the degree of negligence of the at-fault party, and whether the plaintiff suffered major or minor injuries.
How Are Motorcycle Accident Settlement Amounts Determined? Reviewing the Criteria
Again, settlement amounts in motorcycle accident cases are determined based on the seriousness of the injuries and the impact on the victim’s life.
So, when an insurance company determines fault, they review the following criteria to reach an average settlement amount:
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Violation of Traffic Laws
If a driver or motorcyclist breaks a traffic law, their actions can point to a fault. For example, if a car runs a red light and hits a motorcyclist who has the right of way, the car’s driver would likely be the at-fault party in a motorcycle accident case.
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Police Reports
Officers responding to the scene will document their observations and sometimes indicate who they believe was at fault in their report.
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Witness Statements
Eyewitnesses can provide objective accounts of the accident that help to clarify who was at fault. Their statements might support one version of events over another.
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Traffic Camera Footage
If available, footage from traffic cameras can clearly show the actions of both the motorcyclist and other vehicle(s) involved in the accident.
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Expert Analysis
Sometimes, accident reconstruction experts are brought in to analyze the accident and determine fault based on the evidence and mechanics of the crash.
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Lack of Insurance
In Maryland, you can buy an add-on insurance, such as uninsured motorist coverage. This can help a great deal if you get hit and the other driver is not insured.
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Insurance Company Coverage
The settlement amount can also depend on the at-fault party’s insurance policy limits.
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Economic Losses
These damages include all past and future wages lost due to the accident, as well as medical bills and the costs for future treatments.
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Non Economic Damages
An experienced motorcycle accident lawyer can figure out your non-economic damages in terms of loss of quality of life or pain and suffering. In most cases, they use an algorithm and multiplier from 1.5 to 5, based on the severity of your injuries, to calculate the damages. They multiply this number by the total you’re claiming in economic damages.
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Quality of the Evidence
Strong evidence that supports the claimant’s version of events can lead to a higher settlement. For example, if your supporting documents include copies of medical records and bills, a journal account of pain and suffering, and copies of bills for property damage, you’ll stand a better chance of getting what you need from an insurance company.
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Severity of the Injuries
More severe injuries typically lead to higher motorcycle accident settlements due to increased medical costs and longer recovery times.
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Contributory Negligence and the Degree of Liability
Maryland follows a contributory negligence rule, meaning that if the motorcyclist is found to be even slightly at fault, they may not be eligible for compensation.
How Does an Insurance Company Determine Fault in Motorcycle Accident Cases?
If neither the driver nor the motorcyclist is at fault, the personal injury case might base the motorcycle accident settlement amount on environmental factors such as potholes or a lack of signage. In the settlement for a motorcycle claim, a governmental entity may be responsible for paying the accident victim.
Therefore, roadwork, or the lack thereof, may lead to suing a municipality.
Again, because Maryland follows a strict contributory negligence rule, you can’t even be found to be slightly to blame. Otherwise, you could be barred from recovering any compensation. This makes establishing who is clearly at fault very important in motorcycle accident claims.
Determining liability is indeed a big deal in Maryland. Unlike states that follow a doctrine of comparative negligence, the defendant and plaintiff, as noted, do not share in the fault. Therefore, an attorney must show that the non-injured party was totally to blame for the accident.
In these instances, there is no negotiation, whether the fault is shared by all parties or one party is totally guilty.
Gathering the Evidence for a Motorcycle Accident Lawsuit or Motorcycle Injury Claim
To effectively determine fault and overcome Maryland’s contributory negligence barrier, collecting comprehensive evidence is essential. This includes gathering the following:
- Police report from the accident scene
- Witness statements
- Camera footage, if available
- Expert testimony regarding the mechanics of the accident
To reach a final settlement for personal injury claims, you’ll experience a more favorable settlement for motorcycle and car accident cases if you can use the above information to determine liability.
How Other States Determine Fault for Accident Victims: Pure Comparative and Modified Comparative Negligence Claims
Outside of Maryland, states may follow a rule of pure comparative negligence or modified comparative negligence. States like California, which assess damages, based on pure comparative negligence, allow injured parties to collect as little as one percent for medical expenses, property damage, and pain and suffering in insurance coverage or from a personal injury lawsuit.
States that follow a modified comparative negligence bar recovery at 50% or 51% in sharing fault with the other party. For example, you can’t be more than 49% or 50% at fault if you file a claim.
However, in Maryland, your personal injury lawyer must show that the negligent party was entirely responsible or 100% to blame for your economic and non-economic damages. A motorcycle driver does not have any room for guilt when they seek medical attention and must request that another party pay for their damages.
How an Accident Reconstruction Expert Can Increase the Motorcycle Accident Case Value of an Average Settlement Amount
While many insurance companies would prefer to use their own insurance adjuster, a law firm often will collect evidence that uses the opinion of a reconstruction accident expert. They can optimize an average settlement amount when using this approach.
The Benefits of Using an Accident Reconstruction Expert
Here’s how a reconstruction expert can provide certain advantages for supporting a claim.
Clarifying the Accident Details: The expert can piece together a precise picture of the accident, often using physical evidence from the scene, such as skid marks, vehicle placement, and damage.
Establishing Fault: By determining the mechanics of the accident, an expert can more easily establish fault. Their findings can indicate whether speed, road conditions, or perhaps a failure to obey a traffic law played a part in the accident. This can influence what you receive in a settlement amount.
The evidence a reconstruction expert provides is particularly persuasive in court or in negotiations with insurance companies.
What Are Some of the Damages Requested in a Settlement for a Motorcycle Accident Case?
The damages requested in a settlement for a motorcycle claim may include the following:
Current and Future Medical Expenses: These damages are often substantial, covering emergency treatment, hospital stays, surgeries, medications, and ongoing rehabilitation.
Lost Wages: If the injuries prevent the motorcyclist from working, they may be able to claim compensation for lost income.
Pain and Suffering Damages: This non-economic damage compensates the victim for the physical pain and emotional distress suffered as a result of the accident.
Property Damage: Compensation for repairs to or replacement of the motorcycle and any other personal belongings damaged in the crash falls under this category.
Long-term Medical Attention and Care: Some accidents result in long-term disabilities that require continued medical care and personal assistance.
What Are Some Common Injuries Following Motorcycle Accidents?
Motorcycle accidents often result in severe injuries due to the lack of physical protection that is offered by cars. Some of the most common injuries include:
Road Rash: This injury occurs when a motorcyclist’s skin slides across the pavement, resulting in severe abrasions.
Bone Fractures: The impact of a motorcycle accident can easily break bones, especially in the arms, legs, ankles, and ribs.
Head Injuries: Even if they wear a helmet, riders can suffer concussions or more serious traumatic brain injuries.
Spinal Cord Injuries: These injuries can range from minor back pain and spasms to severe cases that lead to paralysis.
Each injury has its own set of challenges, often requiring expensive medical treatment and care.
Don’t Delay Filing a Claim for a Motorcycle Accident Settlement
Delaying the filing of your car accident claim, motorcycle injury case, or wrongful death lawsuit can significantly affect your settlement amount for economic and non-economic damages. Here’s why:
Evidence Deterioration: Over time, the major evidence needed to support your claim may become less available or reliable. If you wait too long, the memories of witnesses can fade and physical evidence may be lost.
Question of Seriousness: Insurance companies may interpret delays in filing claims as a sign that the injuries were not that severe, potentially leading to lower settlement offers.
Financial Strain: A delay in filing may also prolong any financial strain caused by medical bills and lost wages, making it harder to negotiate from a position of strength.
Prompt action not only helps preserve the integrity of your claim but helps your lawyer negotiate a fair settlement. If you’re unsure about the timing or the process, consulting with a knowledgeable motorcycle accident lawyer can provide you with guidance and help protect your rights.
Common Mistakes Motorcycle Riders Make When They Don’t Contact a Law Firm
A motorcyclist, when filing a claim on their own, may leave out important copies of medical records or forget to attach a copy of a police report. They may also seek a quick and low settlement from an insurance company for motorcycle accident settlements, which may not accommodate all their expenses.
Before you seek compensation, you should call a motorcycle accident attorney about your injury settlement, especially if you’ve suffered a severe injury.
How Do Injuries Impact the Legal Process and Accident Settlement Payout?
If you suffer a broken leg, the cost is usually less than if you sustain a soft tissue injury. However, a fracture usually will cost you more than a herniated disc. Normally, undergoing a surgical procedure will increase the payout for a claim.
Examples of Recent Motorcycle Accident Settlements
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$30K Motorcycle Accident Settlement (Herniated Disc and Soft Tissue Injuries)
A vehicle struck the seat of a motorcycle before landing on the motorcycle driver. The motorcyclist claimed the crash caused disc herniation and other soft tissue injuries.
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$10K Motorcycle Accident Settlement for Broken Leg (Hit By Car in Miami)
One man traveled in his car in Allapatch, Florida. Unfortunately, he turned left in front of the motorcycle rider, which fractured the rider’s leg. Many motorcycle riders sustain injuries at intersections where the driver is turning left.
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$87.5K Motorcycle Accident Settlement (Collarbone Fracture Caused by Construction Debris)
A motorcyclist who hit debris in a roadway broke his clavicle, according to one crash report.
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$16 Million Judgment for Motorcycle Accident
Some motorcycle accident settlements may receive millions of dollars when the rider suffers life-changing injuries.
In this case, the motorcycle rider ended up in intensive care and was permanently paralyzed. The driver of record was arrested for DUI. When the other party is this reckless, you can add punitive damages to your claim.
Motorcycle Accident Settlement FAQs From Our Clients
What are the most common motorcycle accidents?
- Getting struck by a left-turning car.
Usually, a turning car hits the rider when they are going through an intersection, when they are trying to overtake the car, or when they are passing the vehicle.
- Lane switches.
Motorcycle riders are often obstructed in the blind spots of motorists, which leads to this type of accident.
These crashes are often fatal and happen when all the parties involved are going at a high rate of speed.
- Motorcycle lane splitting.
Lane splitting happens when a motorcycle drives between lanes congested with traffic. This leads to accidents because of the nearness of the car and motorcycle and the reduced space in which the motorcycle can maneuver. Usually, motorists do not anticipate that someone will pass them in slowed traffic, so they can easily hit the rider.
- Intoxication.
Anytime a driver or rider is impaired, they can’t respond quickly or safely enough, which frequently ends in a crash.
- Corner-turning accidents.
It’s easy to wipe out on a motorcycle if the rider takes a tight turn or hits some gravel and loses traction.
- High-speed accidents.
High-performance motorcycles are lightweight and can travel at speeds up to 160 mph. Many of these motorcycles are involved in high-speed collisions.
How many motorcycle accidents end in death?
Out of a projected 100,000 annual motorcycle accidents, about 5,000 are fatalities.
How does a lawyer calculate a settlement amount for a motorcycle accident claim?
Experienced motorcycle accident lawyers total all the economic damages (medical bills, lost wages, and property damage) and take this total to figure out the pain and suffering. This sum is multiplied by a number between 1.5 and 5, which is based on the severity of the injuries and length of recovery.
How long does it take to recover from a serious motorcycle crash?
Serious motorcycle accident injuries such as broken bones, traumatic brain injuries, or internal injuries take weeks, months, or even years to heal, depending on the extent of the injuries.
What are the estimated payouts for minimum, medium, maximum, and average settlements for motorcycle accident claims?
Based on data from an estimated 260 motorcycle accident cases, payouts for motorcycle accident settlements average, as follows:
- Around $3,960 for a minimum settlement
- About $50,000 for a medium payout
- $2,500,000 for a maximum payout
- $78,000, on average, for all settlement claims
A lot of factors go into determining a settlement average, including the degree of fault, requested damages, insurance coverage, the seriousness of the injuries, and the experience of your attorney.
Why You Should Hire an Experienced Motorcycle Accident Attorney
You’ll find several benefits for retaining legal representation if you’re filing a claim for a motorcycle accident. Having a lawyer at your side offers the following advantages:
- Guidance to avoid admitting fault.
A lawyer will prevent you from unknowingly yet legally admitting fault – something that can affect your pursuit of a sizable settlement.
- Help in collecting evidence.
A personal injury attorney can help you collect witness statements and other details to strengthen your case and increase the odds of a favorable settlement.
- Guidance on when to accept or reject a settlement agreement.
An experienced motorcycle accident lawyer can help you determine when it’s better to accept an offer or when to ask for more money.
- Protection against bullying from other parties.
If you don’t have legal representation, you may find the legal process to be difficult. The other parties may bully you in dropping your pursuit of a lawsuit and a fair settlement.
No matter how serious or costly your accident may be, a settlement can help you get the compensation you need to recover. If you’ve recently suffered an accident, contact a motorcycle accident lawyer immediately.
Contact a Motorcycle Accident Lawyer at The Law Offices of Alex Poberesky, P.A. About Your Motorcycle Accident Case Today
Do you need legal representation for settlements in a motorcycle accident claim in Maryland? If so, contact the Law Offices of Alex Poberesky, P.A. today. Schedule a consultation right away.
