Motorcyclists are not afforded equal physical protection as motor vehicle drivers. In the event of an accident, there are no seat belts or airbags to minimize the impact of the accident. It follows that motorcyclists are exposed to potentially serious injuries whenever a crash occurs.
In Connecticut, motorcycle accident claims often get complex due to motorcycle-specific laws put in place.
Handling a motorcycle accident claim alone can be draining, especially when you have to focus on recovery. Working with an experienced Fairfield motorcycle lawyer ensures that the at-fault driver is held liable and you receive compensation for your losses.
At Injured CT, our team of Fairfield personal injury lawyers is dedicated to providing strong legal representation to ensure you recover damages for your injuries and losses. Let us handle your motorcycle accident claim while you recuperate.
Call us today for a case review and know your legal options.
How Can a Motorcycle Accident Lawyer Help with My Compensation Claim?
Securing the services of a Fairfield motorcycle accident lawyer is the best way to protect your right to seek compensation following an accident. Here’s how a lawyer can help you with your claim:
- Investigation: A lawyer will gather all the facts of your accidents to establish exactly how the accident happened and hold the at-fault driver liable.
- Filing a claim: Your lawyer will help you file your claim by gathering the relevant documents, like medical bills and records, police reports, witness statements, and expert reports for a chance to receive compensation.
- Negotiation: Handling insurance companies alone can be daunting, and a lawyer will also help by negotiating with the involved insurance company for maximum or fair compensation.
- Litigation: Whenever the insurance company fails to offer a satisfactory award for compensation, your layer will help you take your case to court. With years of experience in courtrooms, your motorcycle accident attorney will argue out your case in the most convincing way before a judge to ensure that you receive compensation for your losses.
What Are the Most Common Causes of Motorcycle Accidents?
Many motorcycle accidents can be avoided or prevented by following the relevant laws and regulations. However, most of these accidents are caused by the following factors:
- Distracted driving
- Failure to respect motorcyclists on the road
- Intoxicated driving
- Faulty mirrors, lighting, or brakes
- Unexpected pedestrians on the road
Motorcycle Accident Statistics
According to the National Highway Traffic Safety Administration, motorcyclists are still overrepresented in traffic fatalities despite a recent drop in these numbers. In 2018, there were 4,985 fatalities in all crashes involving motorcycles throughout the country. In 2017, Connecticut saw 51 fatalities out of all crashes involving motorcycles.
What Are the Motorcycle-Specific Laws in Connecticut?
Motorcyclists have the same rights as other drivers while riding on Connecticut’s roadways. However, there are specific motorcycle rules that must be observed by all motorcyclists in Connecticut. These laws include:
- Motorcycle Endorsement: Riders don’t need to have a separate motorcycle license, but need to obtain a motorcycle endorsement on their standard driver’s license. Getting this endorsement requires riders to pay a specific fee, complete a knowledge, vision test, and a motorcycle training course offered and approved by the Commissioner of Motor Vehicles.
- Helmet Law: Connecticut has partial helmet laws that require all motorcyclists and passengers under 18 years to wear a helmet while riding (CGS § 14-289g). Motorcycle endorsement applicants are also required to wear a helmet while riding with a training permit.
- Passengers: Riders with a learner’s permit are not allowed to carry passengers, which also applies to riders below the age of 18 (for 6 months after obtaining a motorcycle endorsement). Riders who have passed the time limits may only carry passengers on motorcycles designed and equipped to carry passengers.
- Eye Protection: Unless the motorcycle is fitted with a windscreen or windshield, all motorcyclists and passengers are expected to wear protective eye gear like goggles, face shields, or glasses.
- Road Usage: Connecticut prohibits lane splitting, more than one motorcycle riding side-by-side in a single lane.
- Insurance Requirements: Motorcycle owners are required to hold liability insurance to cover bodily injury and property damage in case of an accident. Connecticut requires a minimum of $20,000 per person and $40,000 per incident for bodily injury and $10,000 per incident for property damage.
What Are the Most Common Injuries Seen in Motorcycle Accidents?
Due to the little protection offered by motorcycles, riders often suffer serious injuries compared to passenger vehicle drivers. Some common injuries in motorcycle accidents include:
- Broken bones
- Road rash
- Head and brain injuries
- Spine and neck injuries
How Is Fault Determined in a Fairfield Motorcycle Accident?
There are various defenses available to defendants in motorcycle accidents that help mitigate the amount payable to a plaintiff for damages. Connecticut is a modified comparative fault state, meaning that the plaintiff can recover from the at-fault party as long as they are 51% or less at fault for the accident.
In such cases, the plaintiff may still be awarded compensation for damages even if they are partially at fault for the accident. However, their award is adjusted according to their percentage of fault.
For instance, if the judge awards $100,000 in damages following a motorcycle accident but establishes that the plaintiff was 20% at fault, the award will effectively come down to $80,000 due to the application of the modified comparative doctrine.
What Type of Compensation Can I Receive for My Motorcycle Accident?
Motorcyclists are usually at a higher risk of suffering serious injuries than other drivers whenever a crash occurs. Due to the nature of motorcycle accidents, victims may recover any of the following types of compensation:
Economic Damages
Motorcyclists will most likely receive compensation for the actual monetary losses suffered following the accident. Some common economic damages include:
- Medical expenses
- Current and future lost income
- Property damage
- Loss of earning capacity
Non-Economic Damages
These are damages awarded to compensate accident victims for losses whose actual dollar value may not be easy to establish. They include:
- Pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
- Loss of consortium
Punitive Damages
In motorcycle accident cases, judges may award punitive damages if they find that the defendant acted in an extremely negligent manner and totally disregarded the safety of the victim.
Why Was My Motorcycle Accident Claim Denied?
Motorcyclists are vulnerable on Connecticut roads. While they are more likely to die or suffer serious injuries in crashes, motorcyclists face the risk of being victimized by insurance companies. Whether they are seeking compensation from their insurer or the other driver’s insurance company, it is not uncommon for their claims to be denied. Here are scenarios where this might happen:
- The policy lapsed or was canceled, and the motorcyclist was therefore not covered for any accident situation.
- The driver was not insured under the policy, and the insurance company can’t compensate the motorcyclist for injuries caused by the driver in the motorcycle accident.
- They believe the accident was your fault. If your insurer or the driver’s insurance company establish that you were at fault for the accident, then your claim might be denied.
- They don’t believe you were really hurt or that your injury wasn’t serious enough to warrant compensation.
- They don’t think the accident is what caused your injuries. If an insurance company establishes that pre-existing conditions or past medical issues were the real reason for your injury, there is a high chance that your claim will be denied.
Are There Time Limits to Filing a Claim in Connecticut?
Motorcycle accidents fall under personal injury cases, and victims who wish to take legal action against the at-fault party have 2 years from the date of the motorcycle accident to file a claim. Failure to file the claim within the 2-year period, victims lose their right to pursue compensation.
Contact a Fairfield Motorcycle Accident Lawyer
Motorcycle accidents are characterized by serious injuries and fatalities due to the little physical protection afforded to motorcyclists. If you have been involved in a motorcycle accident in Fairfield, CT, hiring an experienced Fairfield motorcycle accident can help prove that the other driver was negligent and was at fault for the accident.
Our lawyers at Injured CT can help prove liability and ensure that you receive your deserved compensation. Don’t hesitate to seek legal assistance – call us today to speak to one of our lawyers and begin your claim process.