The average motorcycle accident settlement encompasses the victim’s total losses and attempts to make them whole again. While individual results vary, it’s common for victims with successful claims to receive money to cover their physical injuries, property damage, and lost wages. Likewise, victims may qualify for a financial award to address their pain, suffering, and other noneconomic losses.
At The Snyder Law Group, our experienced Maryland motorcycle accident attorneys have an unparalleled dedication to victims of crashes. We aren’t afraid to go up against the faceless insurance companies and bad actors who make mistakes that hurt others.
What Is the Average Motorcycle Accident Settlement in Maryland?
It’s important to understand that every motorcycle accident is specific to the situation at hand, which means that every settlement is unique. For that reason, there is no set monetary package a victim receives in a particular case. That said, cases that involve more serious or life-altering injuries may result in higher settlements or awards.
But victims may qualify for common types of compensation, even if they ultimately receive different amounts. For example, the three categories of damages are economic, noneconomic, and punitive. In a settlement package, economic damages are the things the people have receipts for, such as property repairs, healthcare costs, and lost wages. In contrast, noneconomic damages compensate people for the pain, suffering, disfigurement, and inconvenience they suffer because of the incident.
Finally, punitive damages are appropriate in rare cases where the court believes the at-fault party deserves to be punished. A judge may make this decision if, for example, the at-fault driver acted maliciously or intentionally.
It’s also important to note that – unlike many other states – Maryland imposes a cap on compensation related to noneconomic damages in many personal injury cases. The cap increases by $15,000 each year and is based on when the claim arose. Maryland law doesn’t limit the amount of compensation someone can receive for economic losses, including property damage, medical expenses, and lost income.
What Types of Damages Are Typically Included in Motorcycle Accident Settlements?
Average motorcycle accident settlements address a wide range of damages experienced by the victim. While individual cases vary, there are common categories of loss. These include:
- Money to repair your motorcycle,
- Medical expenses,
- Lost income and (in some cases) lost earning capacity, and
- Pain and suffering.
The exact amount a victim receives depends on many factors, such as if they bring their claim before the statute of limitations expires. Victims can help to boost their claim’s success by taking swift action, saving all receipts, keeping a pain log, and working with a personal injury lawyer.
Bike Repairs
If you’re injured in an accident, your motorcycle may require serious repairs – if it isn’t totaled. Your settlement may include funds to reimburse you for repairing or replacing your bike.
Medical Expenses
Even a relatively minor motorcycle accident can cause serious injuries that lead to expensive medical treatment. Common examples include:
- Emergency medical services and transportation,
- Surgical and hospitalization care and aftercare,
- Medical procedures, tests, and treatments,
- Physical and occupational therapy,
- Prescription medications,
- Home health care, and
- Adaptive medical devices.
If your injuries develop complications or lead to secondary health concerns, the losses you experience in this category can be ongoing. Ideally, your settlement should address your past, present, and future medical costs related to the incident.
Lost Income and Loss of Future Earnings
Recovering from the physical injuries you experience in a motorcycle accident can leave you off the job, which translates to lost wages. Further, a severe injury can cause you to earn less money before the incident, such as if you experience a disabling condition. Your settlement might address your lost wages and ongoing reductions in your earning capacity.
Physical and Emotional Pain and Suffering
In addition to your financial losses, it’s essential to address the psychological and emotional fallout of the accident. These include things like your physical and emotional pain and suffering. Many victims of violent motorcycle accidents experience symptoms such as:
- Severe mood swings or lack of emotion,
- Sleep problems,
- Increased anxiety or depression,
- Difficulty concentrating,
- Difficulty connecting with others, and
- Memory issues.
Victims may also endure flashbacks of the accident or what happened in the moments after the crash. While the exact amount may vary, victims may receive compensation that addresses these invisible losses.
What Factors Affect the Amount of a Motorcycle Accident Settlement?
Many factors can influence the amount of someone’s motorcycle accident claim. For example, to be eligible to bring your case, you must meet all the legal requirements (such as proving negligence). Likewise, you should have the evidence to support your allegations and your requested compensation. Finally, if punitive damages are appropriate, this can impact the amount of your overall settlement.
The Elements of Your Claim
The success of your lawsuit largely depends on your ability to show that the other party harmed you and that you are legally entitled to compensation. In many motorcycle claims, this means establishing the elements of negligence, which include duty of care, lapsed (or breach of) responsibility, causation, and injury.
Duty of Care Owed
The at-fault motorist must have owed you a duty of care, which can mean they were responsible for acting reasonably when operating their vehicle. Generally, every driver accepts this responsibility when they get behind the wheel.
Lapsed Responsibility
The at-fault motorist must have failed to follow the duty of care they owed you. In most situations, this might mean the driver didn’t obey the traffic laws. Common examples include the following:
- Excessive speed,
- Distracted driving,
- Operating a vehicle while fatigued,
- Failure to obey the rules of the road, and
- Aggressive driving.
The idea is that the other driver made a mistake that led to the crash. You can prove this element by gathering evidence, such as traffic or dash cam footage or police reports.
The At-Fault Driver Caused the Accident
The other driver’s behavior must have caused the accident and your injuries. For example, if a speeding motorist plows into you at a stop sign, their conduct may be the cause of the accident. You must also show a connection between the at-fault driver’s behavior (e.g., running a red light) and your injuries.
Legal Damages
You also need to prove that you suffered actual harm, which can be physical, financial, or (in some cases) psychological. Common types of injuries include property damage, medical expenses, lost earnings, and pain and suffering.
Evidence
A critical component of bringing a successful motorcycle accident claim is gathering evidence to support it. Proving each of the above elements comes down to evidence, which may include the following:
- The testimony of eyewitnesses at the scene and expert witnesses,
- Photos and videos taken at the scene,
- Your medical bills and records,
- Accident recreation models, and
- The police report.
Likewise, you can testify about how the accident happened and its impact on your life.
You may also ask people who know you well to discuss their impressions of how the crash has affected you. Once you establish the other motorist’s fault in the matter, you’ll also need to demonstrate the extent of your losses, which guides the settlement amount you receive.
The Matter of Punitive Damages
Punitive damages are available in rare cases where the court finds it necessary or appropriate to impose a penalty on the other driver. For example, the judge may take this action if the other driver intended to harm you. Punitive damages punish the other driver for their actions. Judges use these penalties to deter others from engaging in similarly wanton driving practices.
Injuries Common to Motorcycle Accidents
When you ride, you’re vulnerable to various severe injuries and permanent impairment. Conditions experienced by victims include traumatic brain injuries, soft tissue damage, cuts and burns, and broken bones. Likewise, because motorcyclists don’t have a metal frame to protect them, they are also susceptible to spinal cord damage and limb loss. Any of these conditions can be life-altering and lead to cascading physical, financial, and emotional fallout.
Traumatic Brain Injuries
Traumatic brain injuries, or TBIs, affect the brain, which makes them one of the most dangerous and unpredictable injuries you can suffer. A severe brain injury can leave the victim feeling disconnected from their former sense of self. Likewise, they may be unable to do tasks (e.g., talk, think, eat, or walk) like they could before the incident. Victims may also experience concussions or whiplash, which can cause them to endure things like headaches, sleep disturbances, and neck pain.
Spinal Cord Injuries
Spinal cord injuries can result in severe and chronic pain and considerable loss of range of motion. When damage to this region is significant, it can result in permanent, life-altering paralysis that may require a lifetime of care.
Internal Organ Damage
Because cyclists do not have the protection of a vehicle frame, even seemingly minor collisions can injure the person’s vital organs. Internal organ damage often goes undiagnosed until the health consequences become far more pronounced and difficult to treat.
Serious Cuts and Burns
During a motorcycle accident, it’s not uncommon to be dragged across the pavement. As a result, the victim may experience deep cuts and abrasions (known as road rash). Unfortunately, these injuries are prone to dangerous infections and scarring.
Serious burns are also a concern, which can be exceptionally painful and lead to dangerous complications. Burns can be permanently disfiguring when on or near the face, which carries a strong emotional component.
Broken Bones
Breaks, sprains, and fractures are common in motorcycle crashes and can carry many complications. The more complex the break, the more serious the consequences may be. When a fracture doesn’t heal correctly, the victim can experience significant pain and a decreased range of motion.
Limb Loss and Injuries that Require Amputation
Victims of motorcycle crashes may lose limbs during the collision or have injuries that are so great they require an amputation to treat them. Because of this loss, the victim may need to participate in special physical and occupational therapy. Likewise, they may need ongoing care or maintenance (such as prosthesis repair or replacement).
The Snyder Law Group: Our Experienced Maryland Motorcycle Accident Attorneys Can Help You
Going through a motorcycle crash can be a life-altering event, possibly setting in motion days, weeks, months, or even years of recovery. If someone else caused the collision and your injuries, Maryland law may entitle you to hold them accountable for their actions. Because handling a claim alone can jeopardize your healing process, consider working with a knowledgeable team of attorneys who can help.
The distinguished Maryland motorcycle accident attorneys at Snyder Law Group fiercely advocate for victims’ rights. We understand the tactics that insurance companies and at-fault drivers use to attempt to wear victims down and get them to accept settlements that are far below the claim’s actual value. With over 20 years of experience, Michael B. Snyder has helped dozens of clients recover vital compensation so they can begin to rebuild their lives after a serious crash.
If you were in a motorcycle accident and have questions about your settlement, contact us today by calling 410-755-5829 to schedule a consultation. We welcome the chance to discuss what you are going through and how we can help.