Riding a motorcycle can be adventurous and thrilling. But a motorcycle accident can be devastating. One moment, you feel the cool breeze on your face; the next, you could be in the hospital. In 2022, there were 3,854 police-reported motorcycle crashes in New York state and 170 fatal motorcycle crashes.
A serious motorcycle accident can damage your physical health and set you back financially. You may wonder how you will afford your hospital bills while still paying your monthly expenses.
Depending on the situation, you might be entitled to compensation. But what is the average motorcycle accident settlement amount? The amount of money one can recover from a motorcycle accident varies depending on the circumstances involved.
If you or a loved one were in a motorcycle crash, a New York motorcycle accident attorney can assess your case and take you through the process of determining how much your case is worth. So how does the lawyer go about doing that? Accident and injury lawyers typically start with two questions:
How Much Insurance Coverage Do You have?
Take a look at your motorcycle insurance policy. You will have what is known as a declarations page. This page tells you what kinds of coverage that you have purchased and what the limits of each coverage are. Did you only purchase the state minimum amount of coverage?
In New York, motorists are only required to have $25,000 in liability coverage for any one person and $50,000 for an accident involving multiple injured parties. If you only have a state minimum liability insurance policy, the potential settlement value of your case will be affected.
What is the insurance coverage for the wrongdoer’s vehicle?
You may be badly hurt, but If you were struck by a taxi operating outside of New York City or a vehicle that also only had the state minimum liability insurance coverage, you may be facing a cap on the amount of money that your case can settle for. Our team of experienced motorcycle accident attorneys will quickly determine the amount of coverage on the wrongdoer’s vehicle.
Types of Compensation Available to a Motorcycle Accident Claim
As a motorcycle accident victim, economic and noneconomic damages may be available to you. Types of compensatory damages may include:
- Medical expenses,
- Property repair or replacement expenses,
- Pain and suffering,
- Income loss (current and anticipated),
- Physical disability or disfigurement,
- Mental and emotional distress, and
- Funeral or burial costs.
Most personal injury cases recover compensatory damages. But if the court finds a defendant’s actions grossly negligent, malicious, or reckless, it can require them to pay the victim punitive damages. Punitive damages discourage the defendant (and future defendants) from repeating the same negligent or reckless behavior in the future.
Factors Influencing the Average Compensation for Motorcycle Accident
Several factors can impact the settlement amount or damages awarded in a lawsuit. Some of the key factors include:
- Severity of victim’s injuries—the more severe the injuries, the greater the amount of potential compensation;
- Medical care needs—the more significant medical care needed (especially for stabilizing injuries and for long-term disability), the more potential compensation;
- Evidence of negligence—damages often depend on whether another person was at fault for the accident, and strong evidence of negligence may increase your compensation;
- Evidence of contributory negligence—damages can reflect shared negligence of both parties;
- Insurance coverage—insurance limits for you and the party at fault can impact the compensation amount;
- Lifestyle impacts—how the injuries affect your daily lifestyle, including lost earnings and ongoing medical care needs;
- Property damage—the amount of property damage and repair costs for both parties can also be considered for compensation; and
- Emotional trauma—if the victim experiences severe psychological distress as a result of the accident, they can pursue compensation for pain and suffering or emotional distress.
Compensation might also vary depending on whether you reach a settlement outside of court or receive a judgment through litigation. Most cases settle without requiring a trial or without requiring the case to go all the way to verdict after trial.
As you can see, there are many factors to consider, as well as a wide range of possible outcomes. It is nearly impossible to offer a number for an average settlement for a motorcycle accident when we hear the question: What is the average payout for a motorcycle accident?
Every accident, individual, and set of factors is different. No two motorcycle accident victims will ever recover the same amount of monetary damages or compensation.
An experienced motorcycle accident attorney can help you understand these factors and negotiate or advocate to secure maximum compensation for your situation.
Work with Greenspan & Greenspan to Understand the Value of Your Case
If you or a loved one recently experienced a motorcycle crash, having to think through these factors to understand what your case might be worth can be overwhelming. Working with an experienced motorcycle accident attorney can ease your stress. We can assess the various factors and help you understand the value of your case.
Greenspan & Greenspan Injury Lawyers has been providing legal support to our clients since 1959. Our attorneys have extensive experience working with insurance companies, negotiating settlements, and zealously litigating motorcycle accident cases in New York state courts.
As a small personal injury firm, our attorneys can provide you with individualized attention and design legal strategies to achieve your goals. We will work tirelessly to recover the compensation you deserve. Contact Greenspan & Greenspan Injury Lawyers today to learn what your motorcycle crash case is worth and how we can help you recover.
