Understanding Motorcycle Accident Injury Claims

a motorcycle laying on its side with a helmet on the ground

Motorcycle accident and fatality rates have been on the rise over the past couple of years. According to recent data, 2020 saw the highest rate of motorcycle fatalities in ten years with a recorded 5,579 deaths. 

Despite being far less crashworthy than traditional closed vehicles, the very nature of a motorcycle’s design, its reduced visibility to other drivers, and the overall safety risks a motorcyclist faces all result in high injury rates when a crash occurs.

If you have been the victim of a motorcycle accident, you may be entitled to compensation for your injuries and other losses. Working with an experienced motorcycle accident attorney can help you file an accident claim so you can recover the compensation you deserve. 

Were you injured in a motorcycle accident? Contact Jack Bernstein, Injury Attorneys now to learn about your rights and options.

Who can file a motorcycle accident injury lawsuit?

If you suffered injuries and other personal property losses while riding a motorcycle, you may be able to file a motorcycle accident injury lawsuit. 

Most accidents are caused by the negligence of another driver; however, if your accident was the result of a dangerous roadway, poor signage, or other environmental factors, you may be able to seek compensation from a business or even the city if you have sufficient evidence their negligence led to your injuries. 

Typically, motorcycle accidents occur because of the following: 

  • Speeding
  • Distracted driving
  • Motorists who are under the influence
  • Hazardous driving conditions

Is it easy to file a motorcycle accident injury claim?  

As with any personal injury lawsuit, filing a motorcycle accident injury claim is easier when you have sufficient evidence to back up your claims. If you are preparing to file an injury claim from a motorcycle crash, keep the following in mind:

Gather critical evidence 

You should document the details of your motorcycle crash by gathering as much evidence as possible. Evidence can come in the form of photos of the crash, photos of your injuries, medical documentation regarding your injuries, and any invoices or bills associated with care you’ve received following your accident. 

Contact your auto insurance company 

File an insurance claim immediately after the motorcycle accident and stay in communication with the insurance companies involved. Staying in the loop allows you to keep up to date with the details of your case, and you can challenge any false information that may pop up. 

Don’t sign away your rights 

Be careful not to sign documentation or agree to recorded statements, as this can work against you if you pursue a motorcycle accident injury lawsuit. 

Insurance companies are unfortunately known for taking advantage of situations and offering lowball settlements. Once you sign an official document accepting a settlement, you may be limiting your options for recovering the compensation you deserve. 

How much are most motorcycle accident settlements? 

As with car accidents, settlement amounts vary from case to case. The severity of your motorcycle accident, your total losses, and the damages you are eligible for impact your settlement. Typically, however, it’s estimated that most motorcycle accident settlements range from about $200,000 – $300,000. 

As a general rule of thumb, the more severe your motorcycle accident is, the more you can expect in your case settlement if one is reached. If a settlement is not reached, your case will go to trial where a judge or jury will determine if and how much damages you can recover. 

Working with an experienced Tampa motorcycle accident attorney is the best way to determine what damages you can seek and what an appropriate settlement amount should be in your case. 

How do you determine the value of a motorcycle accident injury claim? 

As with any personal injury lawsuit, determining the value of your motorcycle accident injury claim depends on the injuries you sustained and other losses. 

Typically, you may be eligible to seek compensation in the form of economic and non-economic damages. 

Economic damages are designed to compensate you in a manner that returns you to your financial standing before the accident. This can include the following:

  • Medical and hospital bills or other costs associated with your injuries
  • Any ongoing medical treatment that is required because of your injury from a motorcycle accident 
  • Lost wages and earning capacity 
  • Loss of personal property, including your motorcycle and other damaged property 

Non-economic damages are designed to compensate you for suffering you’ve endured because of the accident. It can be difficult to calculate non-economic damages since they are intangible by nature. Examples of non-economic damages may include the following:

  • Pain and suffering
  • Mental anguish and trauma
  • Emotional distress 
  • Scarring and disfigurement
  • Loss of enjoyment of life

Seek out the guidance of a motorcycle accident lawyer

A motorcycle attorneys desk with a gavel and the scales of justice

It can be overwhelming to work with law enforcement, other drivers, and insurance companies after a motorcycle accident injury. It’s easy to lose sight of your rights and options when it comes to recovering the compensation you deserve.

Working with an experienced Tampa motorcycle accident attorney can help clarify the situation. An attorney can offer invaluable guidance as they represent you when working with insurance companies and negligent parties. 

Turn to the experts at Jack Bernstein, Injury Attorneys, and get your free legal consultation regarding your motorcycle accident injury.


Economic Damages. (2022).
Facts and Statistics: Motorcycle Crashes. (2023).
Non-economic Damages. (2022).