Motorcycle accidents can happen anytime. When this happens, you and your family member will be burdened with financial liability and emotional distress. It may worsen if your savings are insufficient to cover these financial burdens. Where would you go for help? Do not worry! Our Idaho motorcycle accident lawyer can help you surpass these trying times of your life.
If you have been injured in a motorcycle accident in Idaho, hire one of the Idaho motorcycle accident lawyers at Parker & McConkie to pursue justice and fair compensation. At Parker & McConkie, we treat our clients the best way possible. We offer free consultations, and the top Idaho motorcycle accident lawyers are here.
Being involved in a motorcycle accident is challenging. Victims will usually suffer from debilitating injuries that may take a toll on their finances, health, and family. The Idaho motorcycle accident attorneys at Parker & McConkie are ready to help you.
Here’s how our Idaho motorcycle accident attorney can help you:
• Explaining your rights. Most of our clients have never been in this type of position before. They have many questions and don’t know where to turn first. We act as a guiding light after your accident, ensuring that you understand your legal rights and other details.
• Providing legal guidance and advice. A motorcycle collision case usually includes insurance or confusing legal jargon. Victims will also deal with insurance companies that will try to get information from them to use against or encourage them to accept a lowball settlement offer. Your attorney can walk you through the legal process and ensure that insurance companies don’t take advantage of you.
• Building your motorcycle accident case. Our motorcycle accident attorney knows what information needs to be collected and compiled to build a strong insurance claim. They aim to show how your accident happened, who was at fault, and why the defendant is responsible for your damages. To do this, they need to gather:
Obtain medical records and more
• Negotiating for a fair settlement. The at-fault’s insurance company will do their separate investigation of the case. Most of the time, they will respond with an offer that doesn’t cover your damages. Our experienced motorcycle accident lawyer knows how to deal with an insurance company. They will negotiate a fair settlement offer proportional to your actual damages.
• Representing you in court. Most motorcycle accident cases don’t go to trial. But if the insurance company won’t agree to our proposed settlement offer, your lawyer might advise filing a lawsuit. We will represent you from each step of the lawsuit process. We will be there to fight for your rights.
The Insurance Institute for Highway Safety stated (IIHS) that in 2015, there were 31 motorcycle deaths in Idaho. This number is higher than the previous years, but the highest death rate could be accounted for in 2006, totaling 38 deaths. According to the findings of the Idaho Transportation Department, the number of motorcycle rider casualties decreased to 25 in 2019. 54% of fatal motorcycle crashes in 2019 involved just the motorcycle, and 33% involved an impaired motorcycle driver.
Accidents are inevitable. It is highly recommended to know the laws governing the accident entirely. As of June 2020, the following are the laws that you should know:
1. Idaho motorcycle riders must have a proper motorcycle endorsement on their valid driver’s license. You must pass written and approved motorcycle skills tests to acquire this endorsement. For those under 21 years old, aside from getting a written test, you also need to complete an approved training course.
2. An Idaho motorcycle driver must also acquire a motorcycle instruction permit and a valid state Class A, Class B, Class C, or Class D drivers’ license. The permit’s validity is 180 days. It allows you to operate a motorcycle in Idaho with some specific restrictions.
3. Idaho Motorcyclists must register their vehicles with the Department of Motor Vehicles (DMV). Additionally, all motorcycle operators must carry proof of insurance and registration and display a valid license plate while riding.
4. In Idaho, motorists are also required to obtain minimum liability insurance. While you can carry higher coverage, the minimum insurance coverage for motorcyclists is:
5. Motorcycles must have an approved headlight, at least one red taillight, at least one rear reflector, at least one mirror, fenders on all wheels, at least one hand or foot brake, an approved muffler, and a horn. These must meet state-specific guidelines for a motorcycle to be considered street legal.
6. Motorcyclists in Idaho are allowed to share lanes. In a single lane, only two motorcycles may ride side by side at any time. Lane-splitting, or the practice of riding between traffic lanes/cars, is illegal in Idaho.
Idaho’s motorcycle helmet laws require anyone under 18 who operates a motorcycle to wear a prescribed motorcycle helmet. But it does not apply when motorcycles are operated on private property or in certain other situations. Those over 18 are not required to wear a motorcycle helmet when riding or operating a motorcycle in Idaho.
The primary cause of motorcycle accidents is the other driver’s negligence and not the motorcyclist. In this case, motorcycle accident victims can seek a financial claim for their damages and other losses by filing a personal injury claim.
The following are some of the common reasons for bike accidents that can be attributed to the negligence of other drivers:
• Distracted driving, including texting, eating, or doing other things while driving
• Violating traffic laws/rules
• Driving under the influence of drugs or alcohol
• Failure to check blind spots before changing lanes
• Making unsafe turns
• Unlawful and dangerous passing
• Opening the door of a parked car into the biker’s path
These and other negligent driving behaviors can lead to severe accidents, resulting in catastrophic or fatal injuries. Our Parker & McConkie motorcycle accident attorneys can assist you in determining who is legally responsible for your injuries and in seeking compensation for your damages, which may include, but are not limited to, medical bills, income, pain and suffering, disability, and motorcycle repair costs.
Motorcyclists lack proper protection from any blunt force during an accident. Depending on the severity of the crash and the circumstances, they can suffer from chronic, life-threatening injuries, such as complete body paralysis.
Here are some of the most common injuries in a motorcycle accident:
• Head and traumatic brain injuries
• Spinal cord injury
• Internal and external bleeding
• Road rash
• Broken bones
When involved in a motorcycle crash, the injuries you can sustain as a motorcycle rider are far more severe than those of a driver or passenger in a standard vehicle. As a result, the damages can be much greater than in a typical car accident. As a victim, you should seek compensation for the following economic damages:
• Medical treatment (past and future)
• Loss of income (past and future)
• Vehicle damage
• Lost earning capacity
Injured individuals may also seek compensation for the following non-economic damages:
• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Loss of consortium
Our Idaho motorcycle injury attorneys can help you calculate the compensation of your claims, especially if the victim doesn’t have legal experience. Working with a Parker & McConkie motorcycle crash attorney is essential when claiming the full and rightful value of your damages. We can assess the damages you are legally entitled to and then take action by constructing a comprehensive case.
The burden of proof is on the victim’s shoulder. Fortunately, with the help of your attorney, you can pinpoint the person/s liable for the accidents.
The following are the most common responsible parties in a motorcycle accident:
1. Another passenger
2. A truck or car driver
3. The entity in charge of road maintenance
4. The defective parts’ manufacturers
5. The mechanic who worked on your motorcycle
A motorcycle accident claim will likely result in serious injuries or even wrongful death, especially when larger vehicles are involved. Here’s what makes a motorcycle accident unique:
• More possible hazards. Certain dangers that may not affect a car or truck can be fatal to a motorcyclist. For instance, road defects may be detrimental to bikers. In such cases, the city or government agency responsible for the road maintenance may be liable for the accident.
• Possible biases. In some cases, insurance assessors and juries may be prejudiced against motorcyclists. For example, a motorist who is found not wearing a helmet is less likely to gain higher compensation from the insurance company. They are also more likely to assume the biker was driving recklessly or speeding.
• Different common causes. Driver’s distraction and lack of concentration are common causes of motorcycle collisions involving other vehicles. Since motorcycles are way smaller in size, other riders may overlook oncoming bikers, leading to fatal accidents. According to the CDC, drunk driving is one of the major causes of motorcycle accident injuries and deaths.
• Higher verdicts and settlements. Because a motorcycle rider’s injuries are more severe and damages are usually high, motorcycle accident claims may be higher than other claims.
Idaho is a comparative negligence state. Generally, this rule provides that a plaintiff’s compensation is reduced in proportion to their degree of fault in causing the damage. However, a plaintiff cannot be found to be more than 49 percent to blame for their injuries. If the victim is 50% or more at fault for the accident, then no recovery can be granted to them. They will lose all right to seek compensation from another person if they bear half or more of the blame for an accident. When there is 49 percent or minor comparative negligence, the courts will reduce the award by the percentage of fault. Suppose the court finds you 30% at fault in the collision and the defendant was 70% at fault. Your damages of $100,000 will be reduced by 30% due to your own negligence. Thus, your recovery of damages is $70,000.
Let’s find out below the steps you must take after being involved in a motorcycle accident.
• You must call the police. If you get into an accident, it is best to call the authority immediately. They cannot only give you advice on how to handle yourself legally, but they can also provide first aid help, especially when the ambulance has not arrived yet.
• Seek medical treatment. Whenever you find yourself in a motorcycle accident, it is essential to seek medical attention right away. Even if you think you only have a few scratches, you need to look for medical professionals to assess your overall health.
• Gather as much evidence. It is also essential to gather as much evidence as possible, especially if there are no witnesses. The evidence will serve as your ticket to your financial claims. The evidence you can gather will allow you to get compensation for the claiming damages.
• Consult a personal injury attorney. Seeking guidance from a lawyer will surely ease your suffering from the traumatic event. Consulting an attorney will provide you with a clear idea of the things you will do. It will ensure you get proper orientation regarding your financial claims, especially since the insurance company is notorious for trying to get away from paying claims.
Our Idaho personal injury law firm can assist you in your motorcycle accident claims. Here are the following reasons why you should hire Parker & McConkie lawyers:
1. We will inform you about your legal options.
2. We will suggest a plan of action.
3. We have more than 40 years of experience as motorcycle accident lawyers.
4. We will make every effort to achieve an advantageous outcome in your situation.
5. We provide a free consultation and will not charge anything unless we win your case.
6. We have a very successful track record.
7. We are available anytime.
8. We can obtain medical assistance for you.
9. We will negotiate with insurance firms on your behalf.
Our Idaho motorcycle accident lawyers are highly competitive, and we assure you that we will do our best to help relieve you from any stress caused by accident.
Lane splitting is not considered a legal practice in Idaho, which means that the motorcyclist found out to be at fault for the motorcycle accident is illegible to seek financial compensation from the other drivers.
Yes. You can still recover damages even if you are partially at fault. However, the courts will reduce your settlement or jury verdict by the degree of your fault. You should hire Parker & McConkie motorcycle accident lawyers to ensure that the at-fault cannot blame you for the accident.
Every case is unique; therefore, it is impossible to name an exact amount without proper assessment. In general, the compensation you will receive depends on many factors, such as the severity of your injuries and how the accident will affect your life. Seek help from an Idaho motorcycle accident attorney; they can help you assess your case and properly estimate your compensatory damages.
Per Idaho Code § 5-219, you have two years from the accident date to file a motorcycle accident lawsuit. Meanwhile, if you file for a property claim, you will have up to three years from the accident date.
Most motorcycle accident claims will take to settle from six months to one year. Some are resolved within a few months unless some factors make the case more complicated or you end up going to trial.
Yes. As a motorcycle passenger injured in a motorcycle accident, you can recover personal injury damages against the driver of the motorcycle, the other driver, or both depending upon the situation. You may also bring a product liability claim against the motorcycle manufacturer if a defective motorcycle caused the accident.
We always advise our clients not to accept a first settlement offer from an insurance company because:
Even if you discover additional injuries or damages, you cannot demand more money in the future.
Should you find yourself in a motorcycle accident, feel free to contact Parker & McConkie’s attorneys. We are sure to give you the best legal service. We have aggressive and dedicated Idaho Motorcycle Accident Lawyers who can help you guarantee success in your claim.
Our experienced Idaho motorcycle accident attorney will free motorcycle victims from worrying about medical bills and other medical expenses. We will provide complete legal representation to ensure your damage recovery.
Our Idaho motorcycle accident lawyer is dedicated to assisting injured clients who have been dealing with physical and emotional suffering from a motorcycle accident. You can reach us at (385) 220-0383 for a free consultation.
Call 801-845-0440 to get in touch with a member of our firm after your accident. We can review your case for free!