UTAH MOTORCYCLE ACCIDENT CLAIMS
Gosdis Law is Utah’s premier motorcycle law firm. It represents riders across Utah under the MotoLaw brand and has collected millions and millions of dollars in compensation for clients. If you have been injured in a motorcycle accident in Salt Lake City or anywhere throughout Utah, immediately call or text us for a free consultation at 385-429-9960.
HOW IS A MOTORCYCLE ACCIDENT DIFFERENT FROM A CAR ACCIDENT?
Motorcycle accidents claims are often very similar to car accident claims. That said, motorcycle accidents often result in more severe injuries, in turn resulting in high case values. This fact can make insurance companies much more likely to fight a motorcycle accident claim, as they have more of an incentive to do so. As a result, it’s critical that victims retain an experienced attorney to represent them.
In addition, it’s important to consider that there may be a difference in the way that people perceive motorcycle accidents. Some people have a prejudice against motorcyclists and assume that they are risk-takers and at least partially at fault for their accidents. Some of those people sit on juries. It is important to have all your ducks in a row after a motorcycle accident.
You must hire an attorney that has experience with representing people who have been in a motorcycle accident. You need a legal team that understands the difference in insurance policies motorcycle riders must carry. And the law firm that you hire must have a strategy for motorcycle passenger claims under Utah law. At Gosdis Law, we have the motorcycle expertise you need.
WHAT SHOULD I DO AFTER A MOTORCYCLE ACCIDENT?
To build a strong case, you will need as many facts in your favor as possible. It all begins when the injury occurs. It will be necessary for you to gather evidence, describe your injuries and damages, and tell your story repeatedly to insurance companies, your lawyer, and a jury or court. Here are some essential tips for pursuing a motorcycle accident claim.
Check for Injuries and Call 911
The driver involved in an accident in Utah must call 911 as soon as they are able. They must remain at the scene until first responders arrive. Provide important information to the 911 operator. Among these details are the location of the accident, information about the vehicles involved, the type of injuries sustained, and any hazards that the emergency vehicles need to know about, such as fuel leaks or overturned cars.
Begin Collecting Evidence
If you can, speak to the other driver. Ask for their information. Please make sure you get their name, phone number, license plate number, and insurance information. Check out the other vehicles. Determine the make, model, color, year, and VIN of each vehicle.
Following an accident, it may be helpful to draw the positions of the vehicle and their directions of travel. Document how people acted and any admissions of guilt would be more accessible by taking pictures and videos of the vehicles and crash site. Taking photos and videos helps build and argue your case more effectively. Photographs and videos tell your story to the insurance company and the jury during negotiations and trials.
Learn who the driver’s passengers are. Get names, addresses, birth dates, phone numbers, and other contact information. Passengers of the other driver are not required to speak to you. If the passengers do not provide any information, take good notes on the number of witnesses and what they said at the scene.
Notify the Insurance Company
The insurance company may raise your premiums, refuse to renew your policy, or even cancel your policy if you fail to notify them of an accident. You must notify your insurer when you are involved in an accident and cooperate with their investigation.
Submit an Accident Report
Any driver involved in a motor vehicle accident in Utah must complete a written accident report. If the driver is not the owner of the vehicle, the owner has 15 days from the date of the accident to submit the necessary documents.
Call Gosdis Law
After you and your passengers have been treated for injuries, contact Gosdis Law. Our lawyers are among the best in the industry. With us, you get results. Our firm has recovered millions and millions of dollars for clients over the past two decades. Feel free to contact us for a free consultation.
HOW MUCH IS A MOTORCYCLE ACCIDENT CASE WORTH IN UTAH?
The amount of damages you can recover in a personal injury case depends on what you prove. In a motorcycle accident, the plaintiff must show fault and damages.
Your attorney can help you determine the value of your claim. The insurance company’s job is to settle allegations that its insured are at fault for the least amount of money possible. Negotiating with the insurance company alone is not the best course of action.
Be wary of an insurance company’s first and final offer. The other driver’s insurance company is not here to advocate for you. It would help if you had someone on your team. Hiring a good personal injury attorney is your best next step.
Gosdis Law focuses heavily on motorcycle accidents in Salt Lake City and throughout Utah. We are dedicated to protecting our clients from greedy insurance companies that wish to shortchange injured people. We treat a case with expertise, professionalism, and empathy whenever we take on a case. As a result, we have won millions of dollars for our clients. We are here to help you put your life back together after a motorcycle accident. Call Gosdis Law if you have been in a motorcycle accident in Murray, Utah.
WHAT ARE TYPICAL DAMAGES IN A UTAH MOTORCYCLE ACCIDENT?
Motorcycle accidents often involve significant injuries and extensive property damage. Below are some of the usual types of damages that motorcycle accident victims suffer. Of course, this is not exhaustive, but accident victims typically suffer these types of injuries:
- Spinal cord damage
- Scarring and disfigurement
- Broken bones and/or fractures
- Road rash
- Traumatic brain injury
- Burns and bruises
- Scrapes and cuts
In addition to the physical injuries you may sustain from a motorcycle accident, you may have some other quantifiable damages of monetary value. These damages include:
- Lost wages
- Lost earning capacity
- Property damage
- Medical bills
- Funeral expenses
- Pre-death medical expenses
- Loss of financial benefits that the deceased family member provided
- Loss of services, support, and consortium
WHAT TYPE OF INUSRANCE DO I NEED AS A UTAH MOTORCYCLE RIDER?
Under U.C.A. § 31A-22-302, every Utah driver is required to carry a minimum amount of auto liability insurance of $25,000.00 and, unless they waive them in writing, all drivers must have uninsured motorist coverage, and underinsured motorist coverage.
You must have motorcycle insurance in Utah. You must carry at least liability insurance. Liability insurance covers other drivers’ injuries if you cause them harm.
Personal injury protection (PIP) is an example of no-fault insurance. Utah requires all drivers to carry a minimum of $3,000 in no-fault insurance pursuant to U.C.A. § 31A-22-309, but PIP does not cover motorcycle riders in Utah under U.C.A. § 31A-22-302(4)(b). Instead, you should purchase “med-pay” insurance if you are motorcycle rider in Utah. It is usually sold in increments of $5,000.00. Med-pay insurance covers medical costs associated with your motorcycle accident.
ADDITIONAL PROTECTIONS THAT MOTORCYCLE INSURANCE CAN PROVIDE
Motorcycle insurance and auto insurance are similar, but a motorcyclist may need to consider getting insurance coverage that will cover events that are particular to motorcycles. To help cover your motorcycle even more, you can purchase add-ons for your insurance policy. Some insurance policy add-ons include:
- Collision insurance is not required by law, but it may be beneficial to have collision coverage because it covers property damage to your motorcycle after you pay your deductible.
- Comprehensive insurance covers you if your motorcycle is stolen or there is some property damage that is not your fault.
- Coverage for custom motorcycle parts. You can add this coverage to your motorcycle insurance policy to cover your custom parts like saddlebags and other parts for motorcycles.
- Personal item coverage. You do not have the same protection for your property on a motorcycle you would have inside a car. However, you will still need to carry important items from time to time. Suppose you add personal item coverage to your motorcycle insurance policy. In that case, you can rest assured that you can replace expensive items if they get damaged while you are traveling.
- Roadside assistance coverage can be purchased to cover you if you are stranded on the side of the road. If you have roadside assistance coverage, you can call a tow truck if your bike breaks down.
- Guest passenger liability insurance. A significant difference between motorcycle and auto insurance is the need to seek liability insurance that extends explicitly to passengers. Since it is less likely that a motorcyclist will have a passenger, standard motorcycle insurance policies do not include liability insurance coverage that extends to passengers. For more peace of mind on the road, you may want to consider adding this coverage.
WHAT ARE THE PENALITES IF I DO NOT HAVE INSURANCE IN UTAH?
Every person who owns a vehicle in Utah must have no-fault insurance, even if they are not a Utah resident. Non-residents must carry no-fault insurance for each vehicle they own that is physically present in Utah for more than 90 days.
If you do not carry the minimum insurance required in Utah, it is a Class B misdemeanor, punishable by a $400 fine. A second violation carries a $1,000 fine. You will also lose your license if you do not have insurance, and your license will not be reinstated until you show proof of insurance.
HOW DOES COMPARATIVE NEGLIGENCE AFFECT MY UTAH MOTORCYLE ACCIDENT CASE?
Utah has a comparative negligence law. Comparative negligence is used in civil litigation when the plaintiff and defendant are partially at fault. The court or jury will decide whether the plaintiff or defendant is partially at fault. An accident might be attributed 40% to the plaintiff and 60% to the defendant in certain circumstances. A plaintiff who sues in a comparative negligence jurisdiction can only recover 60% of their claim. A plaintiff’s recovery is reduced by 40% if they contributed to the accident.
Comparative negligence defenses by insurance companies are complex and require a significant amount of legal resources to defeat. We have experience fighting insurance companies on comparative negligence claims as they relate to motorcycle accident claims. They run the gamut from blaming the motorcycle driver for driving too fast to blaming him or her for allegedly running a red light to blaming him or her for allegedly driving recklessly. You get the point. Under principles of comparative negligence, the insurance company will do everything within their power to blame the motorcycle accident on you, the motorcycle driver.
Gosdis Law has Salt Lake City personal injury lawyers that are knowledgeable about comparative negligence. They can stand up to the insurance defense lawyers when they argue you are more than 50% at fault. You can trust us to advocate for you. It would be best if you had a strong team in your corner. Contact Gosdis Law today for a free consultation.
HOW MUCH SHOULD I SETTLE FOR AFTER A MOTORCYCLE ACCIDENT?
A Salt Lake City motorcycle lawyer can maximize your recovery by building your case through medical treatments, bills, lost wages, and property damage, among other things. Remember a few of the following tips relating to your motorcycle accident treatments and claims.
Discuss your injuries honestly with your doctor. Don’t become stoic in the face of pain. Don’t exaggerate but be honest about how you’re feeling. The doctor’s notes will reflect what you say during the appointment, and they will be added to your medical record. Your lawyer will review your medical records and use the details in them to make an argument to increase your compensation.
Your total medical bills will also add value to your injury case. During the discovery phase of a personal injury lawsuit, insurance companies and attorneys for the opposing party will ask for your medical bills. Opposing parties tend to undervalue injured people. Insurers will be more likely to increase a settlement offer if your medical bills detail the treatment you need. If there is no settlement, then having itemized medical bills to the jury will show what happened during the accident.
Keep a record of lost wages. Save your paystubs. Keep track of how many days you’ve missed due to the accident. Likewise, you will need to document which job duties you cannot perform because of the accident. By documenting your injuries, you can prove that you have suffered.
The value of the motorcycle and the damage will add value to the overall statement. Most personal injury attorneys will include property damage in their complaints.
You should only settle after getting the advice of an attorney. The Salt Lake City personal injury attorneys at Gosdis Law have the experience you need to ensure your maximum recovery. Contact Gosdis Law today for a free consultation.
ADDITIONAL INFORMAITON ABOUT UTAH MOTORCYCLE ACCIDENT CLAIMS.
How Does the Statute of Limitations Work?
If you wish to file a claim for a car accident, you must first determine the statute of limitations. A claim or lawsuit for damages must be settled or filed within the statute of limitations. The statute of limitations differs depending on the type of claim. The statute of limitations for a car accident claim varies from state to state. Utah has a four-year statute of limitations for a plaintiff to resolve their claim by settling with the insurance company or filing a lawsuit. If you have a car accident claim, you have four years from the date of the accident to settle or sue.
If you miss the deadline to settle or file, you are forever barred from recovering. Statutes of limitations are used to expedite litigation. The statute of limitations also prevents defendants from being on the hook for negligence forever.
The statute of limitations ensures that the case is pursued steadily so that the court system is not clogged with stagnant cases. Setting a deadline helps to preserve evidence. An accident that occurs too long before a lawsuit is filed may result in lost evidence. After too much time has passed, witnesses may no longer be available. As a result, your case may be less persuasive to an insurance company or a jury. Furthermore, if you lack access to proper health care, your physical condition can deteriorate. To keep the case moving, both parties need a clear deadline.
There are only a few exceptions to the statute of limitations. Discovery Rule is a narrow exception to the statute of limitations. The statute of limitations for a claim does not begin to run until the plaintiff discovers their injury. Those who suffer “hidden” injuries will benefit from this exception.
If a person suffers a brain injury, they may not notice any changes. A person close to an accident victim will often see symptoms of a brain injury, such as memory loss, emotional instability, and changes in speech patterns. The statute of limitations does not begin to run until the victim is aware that they have been injured in an exceptional case like that. From the date of discovery, they have four years to settle the claim or sue.
What is My Utah Motorcycle Accident Worth?
Your attorney can help you determine how much your motorcycle claim is worth in Utah. The insurance company’s job is to settle allegations that its insured are at fault for the smallest amount of money possible. That is why negotiating solely with the insurance company alone is not the best route to take. Be wary of an insurance company’s first and final offer. The other driver’s insurance company is not here to advocate for you. You need someone on your team. Hiring a good personal injury attorney is your best next step.
Gosdis Law is a Salt Lake City personal injury attorney that only focuses on motorcycle accidents. We are passionate about protecting our riders from greedy insurance companies that want to shortchange injured people. At Gosdis Law, we approach every motorcycle case with expertise, professionalism, and empathy. That is why we have won millions and millions of dollars for our clients. We want to help you put your life back together after you experience a car crash. If you have been in an accident in Murray, Utah, call the best Murray personal injury lawyers at Gosdis Law.
Police Accident Investigations
When you are involved in an accident that causes injury or property damage, you must call the police and an ambulance. Until the investigation is completed, you must cooperate with the police and other investigators. You may receive phone calls and letters from the insurance company during the inquiry.
Police in Utah should always respond to car accidents involving injury or property damage. Depending on your location, the police may not have the resources to respond to the scene if you live in a densely populated area. That is why it is so important that you take good notes if you are in an accident. You will have to submit an accident report with the state. In that report, you must state who was involved in the accident and what the property damage is.
Additionally, having the details of your accident will help you when you are meeting attorneys and making your case.
CONTACT GOSDIS LAW TODAY TO SPEAK WITH A UTAH MOTORCYCLE ACCIDENT ATTORNEY
Gosdis Law is a Salt Lake City’s top motorcycle injury law firm. Getting justice for each of our clients is our top priority, and we believe it is critical to put your life back together in a thorough and timely manner.
Our personal injury attorneys have the skill, knowledge, and legal tactics to get you what you deserve. Call or text us today at 385-429-9960 to for a free consultation regarding your motorcycle accident.