If you get hurt in a motorcycle accident, you face the risk of head trauma, damage to the spinal cord, and road rash. These injuries can require a long recovery time and incur extensive medical expenses. Often, the only way you can recover your losses from a motorcycle accident is to file a lawsuit against the at-fault driver, but motorcyclists face bias due to stereotypes and preconceptions. Convincing a court that you weren’t somehow at fault for the accident can be challenging.    

If you’ve been injured in a motorcycle accident in Washington, D.C., you need a skilled personal injury lawyer with experience in these cases. Simeone & Miller, LLP has the experience and the network of professional contacts to build a winning case and the determination to negotiate with the insurance company for the money you deserve. Contact Simeone & Miller, LLP today for help with your motorcycle accident personal injury claim.   

Understanding Motorcycle Accident Claims

Motorcycle accidents are not uncommon. According to Vision Zero DC, motorcycle crashes accounted for 18.2 percent of all traffic fatalities in Washington, D.C., between 2016 and 2020. Forty-seven point six percent of all motorcycle accidents result in an injury of some kind.

According to the National Highway Traffic Safety Administration, motorcycle riders are four times as likely to suffer an injury if an accident occurs and 22 times more likely to die. If you’ve survived a motorcycle accident, you are one of the lucky ones. 

Motorcyclists have the same legal rights as any other driver in Washington, D.C., including:

  • The right to file a Personal Injury Protection claim within 60 days of the accident, as long as you have the optional PIP coverage offered by your insurance company, or
  • The right to file a personal injury lawsuit if you do not file a PIP claim. 

Note that filing a PIP claim will bar you from filing a lawsuit under D.C. law unless your medical expenses exceed your PIP coverage or your injuries cause permanent scarring, disfigurement, or a permanent impairment that prevents you from doing your usual daily activities for 180 days. This is a difficult bar to overcome, so most people who intend to file a personal injury lawsuit in Washington, D.C., don’t file a PIP claim first. Deciding not to file a PIP claim is essentially the decision to file a lawsuit instead. 

Although you have the right to file a personal injury lawsuit in Washington, D.C., your chances of winning in court may differ as a motorcycle rider than as a driver of an automobile. That’s because the District of Columbia applies different rules to personal injury cases involving a motorcycle.

In most personal injury cases involving automobile accidents, the District of Columbia uses a rule called “contributory negligence.” Under the contributory negligence rule, you cannot collect any compensation in a personal injury case if your negligence contributed to the accident in any way. Even if the accident was mostly the other driver’s fault, all they need to do is prove that you also made a small mistake that somehow contributed to the accident. If they prove that you are partially responsible, you can collect nothing.

However, the contributory negligence rule doesn’t apply to “vulnerable users” under the D.C. Code, and a motorcycle rider counts as a vulnerable user. That means an injured motorcycle rider can sue under the “comparative negligence” rule, under which you can collect damages as long as you were no more than 50 percent at fault for the accident.

If there were two nearly identical accidents, one involving a car going just a little over the speed limit and one involving a motorcycle doing the same, the motorcycle rider could still sue for personal injury if the other driver was primarily responsible for the accident, but the car’s driver could be barred from collecting any compensation.

This gives you a significant advantage compared to an automobile driver in a personal injury lawsuit. Unfortunately, motorcycle accident claims also face challenges other claims may not face, such as motorcycle bias. This is the stereotype that motorcycle riders are irresponsible, and it sometimes makes people less receptive to motorcycle accident claims. Motorcycle bias can lead to insurance companies, judges, and juries assuming certain things about the accident, such as:

  • That you were speeding, even if there is no evidence you were
  • That the other driver could not be expected to have seen your motorcycle
  • You assumed the risk of serious injuries when you decided to ride a motorcycle and, therefore, deserve no compensation

To overcome these common challenges to your motorcycle accident claim, you must methodically build a case the other side cannot easily challenge. You must gather as much evidence as possible to demonstrate that the other driver was negligent and responsible for the accident. Assuming you are physically capable of doing so, you can begin the process of gathering evidence at the accident scene.

Washington DC, United States - May 25, 2014: Motorbike displaying american flag crosses the Arlington Memorial Bridge during the Rolling Thunder Ride on Memorial Day. Rolling Thunder is an annual motorcycle rally held annually in Washington DC to honor war heroes.

What to Do After a Motorcycle Accident

The outcome of a personal injury case is sometimes decided ahead of time, in the first moments after an accident. Some people decide too quickly that they are not severely injured and neglect to take steps that would have protected their legal rights. Deciding not to go to the emergency room is a decision that can come back to haunt you if you turn out to have a traumatic brain injury or a spinal cord injury you didn’t realize you had.

If you decide not to seek medical attention because you don’t think your injuries are too severe, then you may regret that decision later when it becomes clear that you were more badly injured than you thought. At that point, it may be more challenging to prove your injuries resulted from the accident and that the other driver was responsible for them.

That’s why you should take the proper steps to protect your rights as soon as you can:

  • Seek medical attention whether you think you are severely injured or not.
  • Exchange insurance information with the at-fault driver.
  • Tell the investigating officer what happened, sticking strictly to the facts.
  • Photograph your injuries.
  • Photograph any damage to your motorcycle.
  • Photograph the accident scene, especially skid marks or anything else that would make it easier to reconstruct what happened.
  • Get statements from eyewitnesses to the accident.
  • Get copies of all medical records.
  • Get a copy of the police report.
  • Find an expert witness who specializes in your type of injury.

Gathering all this information is a lot of work, especially when you are focused on recovering from your injuries. That’s one reason to hire a personal injury attorney. A law firm that focuses on personal injury cases will have investigators who know how to interview eyewitnesses, request medical records and police reports, find experts who can testify on your behalf, and do everything else needed for a case like yours.

Dealing with Insurance Companies

After a motorcycle accident in Washington, D.C., you must decide whether to file a Personal Insurance Protection benefits claim. PIP is a no-fault form of insurance, so if you file for PIP benefits, you give up the right to sue the other driver except under exceptional circumstances. 

PIP provides coverage for:

  • Medical expenses
  • Rehabilitation expenses
  • Lost income
  • Funeral expenses in fatal accidents

Medical expenses in a motorcycle accident case can easily be much more than what your PIP plan will cover, and basic coverage for medical treatment and rehab may not cover all your losses if you were disfigured or permanently disabled in the accident. If your medical expenses exceed your coverage under your PIP plan or if you suffered a permanent injury, you may still be able to file a claim against the at-fault driver’s auto liability insurance. Talk to a Washington, D.C., personal injury attorney to determine whether you can file. You can also file a claim against the other driver’s auto liability insurance only if you don’t file for PIP benefits within 60 days.

To obtain compensation from the at-fault driver in a motorcycle accident in Washington, D.C., you must file a claim against the at-fault driver’s liability insurance unless they carry no coverage.

The DC Code requires all drivers to carry liability insurance coverage of at least:

  • $25,000 for bodily injury or death to one person
  • $50,000 for bodily injury or death to two or more people
  • $10,000 for property damage

Despite this requirement, some drivers don’t carry auto liability insurance. You would file a claim under your uninsured motorist policy if you purchased that optional coverage.

You are not required to collect only the amount covered by the at-fault driver’s insurance. Washington, D.C., does not cap the damages in personal injury cases. However, collecting from the at-fault driver’s insurance is usually much easier than getting money from the driver directly. The insurance company can access the funds needed to satisfy a settlement agreement or court judgment. The at-fault driver may not have any funds or assets at all and can often avoid personal liability by filing for bankruptcy.  

Once you or your attorney file a claim with the insurance company, you should expect a call from an insurance adjuster to discuss the case. Be wary of the insurance adjuster. You can easily harm your own case by saying the wrong thing. Refer the adjuster to your lawyer.

Tips for Dealing with Insurance Adjusters

Generally, it is better to have your attorney deal with any insurance adjusters involved in your case.  If you do speak with an adjuster, however, be careful. Their insurance adjuster may seem friendly and express concern for your injuries, but don’t forget that they work for the insurance company. They do not want to give away the company’s money unless they have no other choice. You should assume that every friendly word or sympathetic-sounding question from the insurance adjuster is an attempt to gather information the company can use against you.

When talking with an insurance adjuster, your attorney will:

  • Provide only the facts that must be provided. An insurance adjuster will often ask for much information that is not required to evaluate a claim, to make the process of obtaining compensation burdensome for a claimant or to sift through irrelevant information to find something damaging to the claimant.  
  • Be clear that you and the other driver were not at fault for the accident.  Any statement that implies you were partly responsible for what happened will likely cause the insurance adjuster to deny your claim or offer you a smaller settlement.
  • Push and negotiate for a higher offer.  The first offer received will almost certainly be less than what you are entitled to and too little to cover your expenses.

Motorcycle accidents are handled according to the comparative negligence rule, under which you can file suit for compensation if you are 50 percent or less responsible for the accident. However, the insurance company still has every reason to claim that you are at fault for the accident because it will reduce the amount they must pay you. It is essential not to give them any excuse to reduce their settlement offer because they will certainly take that opportunity if they can.

It isn’t always easy to talk to an insurance adjuster without making mistakes that could hurt your case. Rather than risking your settlement or award from a lawsuit, it’s almost always better to talk to a personal injury lawyer before talking to the insurance company’s adjuster. A lawyer can handle the conversation with the insurance company for you, protecting you from making a costly mistake.

Motorcycle and helmet on the street after dangerous traffic incident

Understanding Compensations and Damages

In a motorcycle accident case in Washington, D.C., you can collect compensation (called “damages”) for both medical and non-medical expenses. Typical medical expenses from a motorcycle accident include:

  • Rehabilitation for traumatic brain injury 
  • Treatment for road rash and complications such as infection
  • Treatment and rehabilitation for spinal cord injuries
  • Treatment and rehabilitation for fractures and broken bones

Motorcycle accidents often cause permanent disability. Spinal cord injuries can cause paralysis, and traumatic brain injuries can require extensive and costly treatment. However, medical expenses are not the only type of recoverable damage in a motorcycle accident.

Types of Recoverable Damages

Along with medical expenses, other recoverable damages include money for:

  • Property damage
  • Lost wages and income from being forced to take time off work due to your injuries
  • Pain and suffering from your injuries
  • Loss of enjoyment of life if you can no longer engage in activities you once enjoyed

Pain and suffering are much harder to quantify than medical expenses or lost wages. That’s why you need a seasoned motorcycle accident lawyer who can accurately assess the value of your claim.

Calculating the Value of Your Claim

Because Washington, D.C., doesn’t cap compensation in personal injury cases, there is theoretically no ceiling to the potential value of a personal injury claim. It is impossible to accurately calculate the value of your personal injury claim ahead of time. However, your lawyer can take into account all the specific expenses related to your claim and use their experience to assign value to the intangible losses you suffered from the accident. 

A typical personal injury settlement might include money for:

  • Total of medical expenses to date
  • Estimated total of future medical expenses
  • Lost wages and other income to date
  • Estimated total of future lost income
  • Future lost earning potential
  • Property damage
  • Pain and suffering
  • Anxiety
  • Post-traumatic stress disorder
  • Loss of enjoyment of life
  • Loss of consortium

Your lawyer will know the value of cases similar to yours and can calculate the value of your intangible losses like pain and suffering and loss of enjoyment of life. They will total all the expenses with specific dollar amounts associated with your accident. The worse your injuries, the higher the damages. That result will be added to the medical and other out of pocket expenses to arrive at an appropriate value for your claim. There are other methods of assessing your losses. Talk with an experienced personal injury lawyer to learn more.

Why Hire a Washington, D.C. Motorcycle Accident Attorney

If you asked the insurance company, they would probably tell you not to hire a motorcycle accident attorney, as the attorney’s fees will come out of your settlement. Of course, you’re asking the insurance company to pay compensation, so they are not an objective source of information. It would be much easier for the insurance companies if no one ever hired a lawyer, but that doesn’t mean no one should.

Simeone & Miller works on a contingency basis. That means you don’t need to pay any legal fee up front or until they collect compensation for you. When the insurance company finally agrees to a fair and reasonable settlement, or when a jury awards you damages at trial, then your attorney is paid a percentage of your compensation. 

What’s the advantage of hiring a motorcycle accident attorney? The most crucial advantage might be keeping your stress under control while you’re recovering from your injuries. Here are some of the things a motorcycle accident attorney can do for you:

  • Investigate the accident and collect evidence to prove the other driver was at fault
  • Determine the potential value of your claim, which is vital information during negotiations
  • Represent you in all communications with the insurance company
  • Negotiate with the insurance company on your behalf
  • Represent you in court if the case goes to trial

Investigating the accident is a particularly challenging task to attempt on your own, especially when you’re injured. An experienced personal injury lawyer will have a whole team to handle investigations, including everything from photographing the accident scene to interviewing eyewitnesses. When you’re dealing with painful and debilitating injuries, this isn’t something you want to do by yourself.

Negotiating with the insurance company is also likely to be challenging without the help of an attorney. If the insurance company knows you have no legal representation, they may try to lowball you by offering a settlement much lower than your claim requires. If you try to negotiate for a higher settlement offer, they may see you as negotiating from a weak position due to your lack of legal help. Getting the insurance company to take you seriously may be difficult when you’re representing yourself. 

If you hire a motorcycle accident lawyer, you can put the insurance company on notice that you are serious and that they will need to make a serious offer to resolve the case. If they fail to offer you reasonable compensation, they face the risk of having to pay an even bigger award if the case goes to trial and they lose.

Because the possibility of litigation is such a vital element in negotiating with the insurance company, you should make sure your attorney is a real trial lawyer and not just a settlement lawyer. The size of your settlement can depend on your lawyer’s reputation as an attorney who is ready and willing to take the case to trial and upon their skills in both negotiation and litigation.  Simeone & Miller, LLP has over 20 years of experience in personal injury matters and has recovered millions of dollars on behalf of their clients – they know how to get you the best result possible.    

Washington DC skyline and monumnets seen from an observation deck in Arlington, Virginia. U.S. Capitol dome is at left, tall Washington Monument is at right.

The Claims Process Explained

Filing an insurance claim is not usually a complicated process. However, completing the process effectively can be more involved than you would expect. When you’re filing a claim, you want to set yourself up to negotiate successfully and receive the full compensation you deserve. 

After you hire an attorney, they will lead you through the process for filing a claim:

  • Investigate the accident by interviewing eyewitnesses, requesting the police report, requesting copies of all medical records, photographing the accident scene, and documenting every relevant detail.
  • Contact the appropriate insurance companies and set up the proper type of claim.  Your lawyer should handle all communication with the insurer so you can focus on recovery and also not inadvertently damage your case.
  • Draft and send a settlement demand and then negotiate with the insurance company for fair and complete compensation.
  • If the insurance company makes a reasonable settlement offer, you may decide to take the offer. If they do not, then your lawyer can file a lawsuit.
  • Your lawyer will represent you in court if no settlement can be reached.

Navigating Settlement Negotiations

For the best results in settlement negotiations, your attorney will:

  • Gather all the evidence you can to demonstrate the negligence of the at-fault driver and the extent of your own injuries and expenses.
  • Calculate your losses, including intangible losses such as pain and suffering.
  • Remember that negotiation is a back-and-forth process. The insurance company will make the lowest offer they think they can get away with. You should refuse any offer that doesn’t cover your expenses and counter with a demand for fair compensation.
  • Stay patient and calm throughout the process.
  • Consider Alternative Dispute Resolution methods such as arbitration or mediation. The decision of an arbitrator is binding on both parties, while mediators assist the parties in finding a mutually acceptable solution.
  • Be ready to file a lawsuit if the insurance company will not agree to a settlement you consider fair.

Negotiating a fair settlement is not something most people have any experience with, but the insurance company does have plenty of experience in denying and minimizing claims. An experienced motorcycle accident lawyer can increase your chances of prevailing in negotiations with the insurance company.

Statute of Limitations After a Motorcycle Accident

The statute of limitations sets a legal deadline for filing a lawsuit. Normally, you would only need to consider the statute of limitations for the state in which you plan to file suit, but the situation in Washington, D.C., is a little more complicated. Many people in the Washington, D.C. area do not live in Washington, D.C., and accidents in the area do not always happen in the District of Columbia itself.  

Because the District of Columbia is much smaller than a state and is bordered by the states of Maryland and Virginia, you might need to be aware of three different statutes of limitations depending on which court has jurisdiction in the case.

The Washington, D.C., statute of limitations allows three years to file a lawsuit. The Maryland statute of limitations also allows three years. However, the Virginia statute of limitations only allows two years to file a lawsuit to pursue compensation. If the accident took place in Virginia, then you have less time to file before the statutory period runs out.

How can you determine jurisdiction for a personal injury case in the Washington, D.C., area? There may be more than one court in which you can file your case, and you are entitled to file in the jurisdiction that is best for your case.  An experienced attorney, like Simeone & Miller, can lead you through the process of selecting the best court for your case, and removing any confusion.   

What are the consequences if you don’t file suit before the deadline? If you fail to file your lawsuit within the period established by the statute of limitations, the court may throw out your case. It may seem like three years is more than enough time to file, but the time will pass quicker than you realize. Moreover, many things need to be done at or soon after an accident to make sure you have a strong case.  Don’t miss your opportunity to hold the at-fault driver accountable in court and get fair compensation for your injuries and expenses. Contact a Washington, D.C., motorcycle accident attorney right away.

Contact a Washington, D.C., Motorcycle Accident Attorney at Simeone & Miller LLP

Every personal injury claim is unique, but they all have one thing in common. Behind every claim is an injured person trying to get their life back on track. We’re here to help you do that.

Simeone & Miller, LLP is distinguished by our focus on professionalism, competence, and results. We work with a network of investigators, medical experts, and accident reconstruction specialists who help us build cases that win. Our track record includes many substantial settlements and jury awards.

We are members of the Multi-Million Dollar Advocates Forum and 500 Leading Plaintiff Lawyers in the United States. We’ve also been named to the Washington, D.C., Super Lawyers list and hold an A.V. Preeminent rating from Martindale-Hubbell.

If you’ve been injured in a motorcycle accident in Washington, D.C., you need a personal injury law firm with a history of winning. Contact Simeone & Miller, LLP for your free consultation today.