Personal injury settlements, in theory, are meant to “balance the scales” by compensating victims for what they’ve lost. Since motorcycle crash victims often have serious injuries and large medical bills, you would think the average settlement amount is high.
While it’s true that motorcycle accident settlements can reach six or seven figures when circumstances allow, riders often face significant obstacles to achieving a truly fair settlement. Lack of insurance coverage and anti-rider bias from the insurance company or jury are common concerns.
At Crosley Law, we focus our practice on complex, difficult cases. We’ve obtained $1 million or more for motorcycle riders on several occasions, and our average motor vehicle accident settlement is roughly $250,000. While there’s no such thing as an “average” motorcycle accident settlement (since circumstances vary widely), our attorneys have a lot of experience evaluating and handling these claims. We often can provide crash victims with a realistic range of possible settlement outcomes during their free initial case review.
In this blog, we’ll break down five key factors that drive settlement amounts in a typical motorcycle accident case, and how a great motorcycle accident lawyer can help you get the best value for your claim.
Factor #1: Economic damages
Economic damages include any losses that have a direct, calculable price tag. Examples include medical expenses, lost wages, long-term care costs, and the cost of household services.
Because motorcycles offer riders almost no protection, motorcycle accident injuries often result in significant medical costs, lost income earning capacity, and even long-term disability. So economic damages tend to be higher than they are for a typical car accident claim.
If you’ve been badly hurt, it’s crucial that you wait until the long-term impact of your injuries is known before you accept any settlement offer. Your settlement needs to provide for any future surgeries, medical treatment, and income replacement you will likely need. Our legal team works closely with doctors, life care planners, and other experts to carefully document and estimate your economic damages so you leave nothing on the table.
Factor #2: Non-economic damages
Non-economic damages cover all the losses that don’t come with a specific price tag. For example:
- Physical pain and suffering
- Emotional trauma
- Physical disfigurement or scarring
- Loss of relationship benefits
- Loss of quality of life
Generally, non-economic damages tend to “scale” alongside economic damages. A common example of how this works in many (though certainly not all) cases is called the “multiplier method.”
First, you add up all the economic damages in the case. Next, you multiply that number by a factor—usually between 1 and 5—to estimate the non-economic damages. The more severe or permanent your injuries, the higher the factor used.
Again, because motorcycle crash injuries tend to be severe and more likely to cause permanent scarring and disfigurement, non-economic damages can be significant. But because non-economic damages are subjective by their nature, insurance companies have a strong financial incentive to try to downplay your injuries. Working with an experienced motorcycle accident lawyer who knows how to tell your story and aggressively negotiate can result in significantly higher settlement offers.
RELATED: What is an average settlement for pain and suffering after a car accident? | Crosley Law
Factor #3: Liability
Texas is a fault state that uses modified comparative negligence rules. Here’s a quick rundown of what that means:
- If you get hurt in a motorcycle crash that was caused by someone else’s negligence (e.g., they ran a red light or pulled out right in front of you), the at-fault parties are responsible to pay for your damages.
- Multiple parties can share fault. For example, if a car pulled out in front of you without checking for traffic but you were also speeding, a jury trial might assign 60% of the blame to the other driver and 40% to you.
- In Texas, you can only get compensation in a personal injury claim if you’re 50% or less at fault. Furthermore, if you are partly responsible, your damages will be reduced by your percentage of fault. In other words, if you had $100,000 in damages, but were 40% at fault, a jury would only award you $60,000.
Although it makes sense on paper, this is one area where motorcycle riders are often the victim of anti-rider bias.
For example, eyewitnesses often believe a motorcyclist was speeding, even when they weren’t. The fact that motorcycles are loud and accelerate quickly can make people overestimate their rate of speed. Unfairly stereotyping all riders as reckless thrill seekers doesn’t help, either.
When the facts aren’t clear or disputed, insurance companies and juries may be less likely to give a motorcyclist the benefit of the doubt. The rider might not be able to advocate for themselves, either, if they were killed or lost consciousness and have no memory of the crash.
At Crosley Law, we know the deck is stacked against riders. It can take a lot of evidence to overcome anti-rider bias. Our team works hard to collect the evidence you need and often works with crash reconstruction experts and other professionals to overcome misleading accusations and unfair blame.
Factor #4: Insurance coverage
In most motor vehicle crashes, the total amount of money you can recover is limited by the amount of insurance coverage from all available policies.
The first source of insurance coverage comes from the at-fault driver, via their liability coverage. However, Texas drivers can carry as little as $30,000 in personal injury and wrongful death liability coverage per person (and $60,000 per accident). If you suffered even moderate injuries, that won’t be nearly enough.
Of course, the at-fault driver could be carrying a much larger policy. Or they could be covered by their employer (if they were working at the time). But ask yourself this: do you really want to rely on whether somebody else bought enough insurance to determine if you can get the fair settlement you deserve?
We strongly urge all motorcycle riders to purchase a sizeable amount of uninsured and underinsured motorist (UM/UIM) coverage as a part of their own motorcycle insurance policy. This coverage kicks in when the at-fault driver’s liability insurance runs out. You should also consider purchasing personal injury protection (PIP) and/or medical payments coverage (MedPay), which can pay for medical bills right away regardless of who was at fault.
Factor #5: Aggravating facts
Jurors are supposed to be impartial, but they’re also human beings. In our experience, juries tend to award more damages in cases where the injury victim is likeable and the at-fault driver does something that really ticks them off. On the other hand, if the at-fault driver simply made an “innocent mistake,” verdicts tend to be lower.
Insurance companies know as well as we do that juries tend to act this way, so aggravating factors also influence the size of their settlement offers.
This, unfortunately, is another area where anti-rider bias can become a problem. If members of a potential jury think of riders as reckless thrill seekers, they may have less sympathy for injured riders and award lower verdicts.
Our motorcycle accident lawyers understand the importance of presenting our clients in the best possible light. We want the insurance company (and a potential jury) to see and feel the full impact of what’s been taken from you. We might interview dozens of family members and friends and conduct focus group tests to ensure we can tell your story in a way that resonates with a potential jury.
Crosley Law motorcycle accident case studies
Our team has successfully settled several significant motorcycle accident cases over the years. Here are a couple notable examples:
$1.5 Million Settlement. Two motorcyclists were stopped on the freeway due to traffic congestion when they were struck from behind by a distracted teenaged driver going 50 miles per hour. We filed a motorcycle accident lawsuit and obtained the distracted driver’s cell phone records, which revealed he was texting at the time of the crash. The case settled for the maximum insurance policy coverage available. Read More.
$1.3 Million Settlement. Our client was seriously injured when a pickup truck just ahead of him made a sudden, illegal right turn from the left lane. The pickup driver lied about what happened and the insurance company refused to admit responsibility. Crosley Law worked with an accident reconstruction expert who was able to show that our client was telling the truth, not speeding, and had no time to avoid the crash. Read More.
Car Crash? Call Crosley
If you or someone you love has been hurt in a motorcycle wreck, the best time to contact a personal injury lawyer is always as soon as possible. Evidence can disappear quickly, and the insurance company is not on your side.
Our team has obtained more than 50 total personal injury settlements or verdicts of $1 million or more, and we represent riders aggressively. Call us today at (310) 529-3000 for a free consultation to discuss your motorcycle accident claim.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
