After a motorcycle accident, you may wonder, “What is the average payout for a motorcycle accident?” While there isn’t a single, definitive answer, national estimates suggest that the average settlement falls between $70,000 and $100,000.
However, this is merely an average estimate. Several key factors can affect your motorcycle accident settlement. In the following sections, we’ll explore these in detail.
If you have any questions or concerns about your case, don’t hesitate to contact the dedicated motorcycle accident lawyers at Wilshire Law Firm.
Understanding the Variables in Motorcycle Accident Settlement Amounts
The thrill of riding on two wheels comes with risks, mainly because motorcycles are less visible to other drivers and offer less protection during a collision. When accidents occur, the physical and financial aftermath can overwhelm the victims and their families.
At Wilshire Law Firm, our experienced and results-driven attorneys have successfully secured billions of dollars in settlements and verdicts for our clients.
However, we don’t use one-size-fits-all answers when calculating payouts for motorcycle accidents. Each case is unique, with many factors influencing the final settlement amount or court award. No matter what, we are committed to fighting relentlessly to recover the maximum compensation you need to move forward with your life.
Factors that Influence Motorcycle Accident Payouts
As mentioned, the average payout for a motorcycle accident can vary depending on several factors. You need a lawyer who understands these factors when seeking compensation for your injuries and damages.
1. Severity of Injuries
The extent and severity of your injuries are among the most significant factors in determining the value of your claim. Motorcycle accidents often result in severe injuries, such as traumatic brain injuries (TBI), spinal cord damage, and multiple fractures.
These types of injuries typically require extensive medical treatment, lengthy rehabilitation, and ongoing care, which can lead to substantial medical expenses. In cases involving catastrophic injuries, the compensation may also include funds for home modifications, adaptive equipment, and long-term care.
2. Fault Determination
California follows a pure comparative negligence rule. This basically means that the money you can get is directly tied to how much of the accident was your fault.
Here’s how it works: Let’s say you’re partially responsible for a motorcycle accident. Under pure comparative negligence, you can still get some money from the other people involved in the accident, but the amount you get will decrease based on how much of the fault was yours.
California doesn’t have a rule that says if you’re more than 50% at fault, you can’t get any money at all. Even if you’re mostly responsible for the accident, you can still recover some compensation from the other parties, although it will be significantly less.
This whole system highlights why you must thoroughly investigate and gather all the evidence possible in motorcycle accident claims. It’s the best way to figure out exactly how much fault belongs to each person involved. It also shows why you need a powerhouse legal team.
An assertive attorney will work to collect evidence that minimizes your fault in the accident while showing the negligence of the other parties. This involves many moving parts to build the most robust case possible to get you the maximum compensation for your motorcycle accident.
3. Insurance Coverage
When it comes to motorcycle accident settlements in California, automobile coverage is a big piece of the puzzle.
The state requires all drivers to have a minimum amount of liability insurance, which breaks down like this:
- $15,000/$30,000 Bodily Injury
- $5,000 Property Damage
- $2,000 Medical Payments
If the person who caused your accident has enough liability insurance, you might get a settlement that maxes out their policy limits. But here’s the thing – motorcycle accidents can lead to some seriously expensive injuries, and the minimum coverage amounts might not cut it when it comes to fully compensating you.
So, what happens if the at-fault driver has barely any insurance or none at all? In California, you can choose to add uninsured/underinsured motorist coverage (UM/UIM) to your own insurance policy. This coverage kicks in when the other driver’s insurance won’t cover your damages.
If you have UM/UIM coverage and the at-fault driver’s insurance falls short, you can file a claim with your own insurance company to get additional money. The amount you can get depends on the limits you picked for your policy.
Another option for automobile coverage in California is something called medical payment coverage. This coverage can help pay for your medical bills after a motorcycle accident, no matter who was at fault. It’s a way to get some immediate financial help while your lawyer is working on getting you compensation from the other driver’s insurance.
To give yourself the best shot at getting fair compensation, go over your insurance policy with a fine-tooth comb and talk through your options with your personal injury lawyer. They can explain all the different insurance sources you can tap into and devise a plan to fight for the maximum amount of money based on your situation.
Remember that insurance companies, even your own, might lowball you or deny your claim altogether. A seasoned motorcycle accident lawyer can make a huge difference when negotiating with insurance companies and fighting for the compensation you deserve.
4. Property Damage
In addition to bodily injuries, your motorcycle accident claim will also consider the cost of repairing or replacing your damaged motorcycle and any personal property involved in the crash.
This may include helmets, protective gear, clothing, and other belongings. The extent of the property damage can affect the overall value of your claim. Document all damaged property, obtain repair estimates or replacement costs, and keep receipts for any expenses incurred.
By doing so, your attorney can work in compensation for your property losses and bodily injury damages.
5. Lost Income and Future Earning Capacity
When it comes to motorcycle accident settlements, one of the most significant factors to consider is the loss of income. This aspect of compensation addresses the financial blow that victims face when their injuries prevent them from working and earning a paycheck.
After a crash, if you miss a lot of time from your job, or if your injuries are so severe that you can’t go back to your old gig at all, you must maximize this part of the settlement.
When your legal team calculates your lost income, they’re not just looking at the wages or salary you would have earned if the accident had never happened. They’re also considering all the other perks and benefits you’re missing out on, like bonuses, commissions, and any money you would have been putting away for retirement.
And if your injuries have left you with a long-term or permanent disability, then the concept of loss of future earning capacity comes into play. This is all about estimating how much money you’re likely to lose throughout your lifetime because of the limitations caused by the accident.
Figuring out this number means considering factors like your age, the path your career took, your skills, and any promotions or raises you might have been eligible for if the accident hadn’t derailed things.
Coming up with an accurate figure for loss of income and future earning capacity is no walk in the park. So, make sure you have a legal team that calculates these damages accurately and fights for every penny you deserve. Your financial future depends on it.
6. Pain and Suffering
Pain and suffering refers to all the non-economic ways your life is impacted after an accident. This includes the physical pain you endure, the emotional distress that comes with the trauma, the loss of enjoyment in your daily life, and the psychological scars that can linger long after the incident.
Unlike economic damages, such as hospital bills and lost wages, pain and suffering varies greatly from person to person. The amount of compensation you receive for pain and suffering in a settlement depends on factors like the severity and permanence of your injuries, the extent of your physical pain, and the emotional and psychological toll the accident has taken on you.
For instance, if your injuries result in chronic pain, significant lifestyle changes, or long-term mental health issues like PTSD, anxiety, or depression, you may recover more compensation for pain and suffering.
Determining the appropriate amount for pain and suffering often requires legal and medical experts. They assess the impact of your injuries on your daily life, relationships, and overall quality of life.
Lawyers may use various methods to calculate these damages, but the ultimate goal is to arrive at a figure that fairly compensates you for the intangible, yet profound, effects of the accident.
This compensation acknowledges that the repercussions of a motorcycle accident go beyond financial losses, addressing the significant personal and emotional challenges victims face after a crash.
What Is the Average Payout Settlement for a Motorcycle Accident: Final Verdict
Every case differs, so giving a single average payout amount wouldn’t help. Settlements can vary widely, ranging from thousands to millions of dollars, depending on the severity of the injury and other factors mentioned earlier.
Typically, minor injuries with minimal work disruption lead to lower payouts. On the other hand, serious injuries that cause significant lost income and decrease your quality of life can result in much higher settlements or court awards.
Why You Need an Experienced Motorcycle Accident Lawyer
By understanding the factors above and how they can affect your payout, you can make smart decisions and go after the compensation you deserve. That’s where working with a top-notch personal injury attorney comes in.
Your attorney can build a strong case and work hard to get you a fair settlement that covers all your damages and sets you up for a solid recovery.
Get Justice, Get Paid With Wilshire Law Firm
While it’s difficult to determine an average settlement for motorcycle accidents, A lawyer who can explain the key factors that influence compensation can give you a better idea of what to expect from your claim.
At Wilshire Law Firm, our dedicated legal team is committed to providing personalized legal support to motorcycle accident victims. We’ll be by your side every step of the way, confidently handling the claims process and securing the compensation you need to heal and move forward with your life.
Give us a call or fill out our online form for your free consultation and discuss your options. Remember, with Wilshire Law Firm, you have a powerhouse team in your corner, fighting for your rights and the compensation you deserve.
