Motorcycles, symbolizing freedom and excitement, are increasingly becoming a common sight on the vibrant streets of the District of Columbia. As the demand for knowledgeable DC motorcycle accident attorneys grows, understanding the risks and legal avenues post-accident becomes paramount. Despite the freedom motorcycles offer riders, these vehicles also carry substantial risks. When a motorcycle is struck by a larger vehicle, like a car or a truck, the rider can potentially suffer severe injuries. In the aftermath of a motorcycle accident, consulting with a skilled DC motorcycle accident lawyer, known for their adept handling of motorcycle claims and dedication to victims’ rights, at Gelb & Gelb, P.C., becomes crucial.
Motorcycle accidents can result in significant monetary compensation, which can cover the losses you suffered in the crash. A Washington, DC motorcycle accident lawyer can evaluate your claim and let you know the best way to proceed. Let Roger Gelb help you fight your case and get the compensation you deserve.
Motorcycle accidents commonly result in more severe injuries compared to other accidents. This is partly due to the lack of protection motorcycles offer their riders. Unlike cars or trucks, motorcycles lack any form of protection upon impact. When a rider collides with a vehicle or fixed object, they often sustain the brunt of the effects. Our motorcycle accident lawyers understand this.
Injuries in these accidents typically occur in two ways. The first involves a direct impact from another vehicle. When a car or a truck collides with a motorcycle, the immediate effect on the rider can cause devastating injuries. The second way injuries occur is in a motorcycle accident involving a rider who is thrown from their bike. Not only does the rider risk injury from the impact with the ground, but they could also fall into the path of oncoming traffic. Some of the most common injuries resulting from a motorcycle accident include:
Motorcyclists involved in a collision should seek medical care immediately. Not only can a delay in seeking treatment result in serious health consequences, but it can also put a rider’s personal injury claim at risk. After seeking treatment, anyone involved in a motorcycle accident should seek the guidance of a motorcycle accident lawyer.
Some of the most common injuries in DC motorcycle accidents are soft-tissue injuries. For example, when someone has neck or back pain but no broken bones or herniated discs, the injury is typically considered a soft tissue or strain injury. Common types of strains include cervical and lumbar strains affecting the neck and back.
Bone fractures are another common consequence of motorcycle wrecks. When a motorcyclist is struck by a fast-moving automobile or truck, their bones could break if the vehicle strikes their body. Broken bones can also result from a motorcyclist being thrown off their bike and hitting the pavement at high velocity.
Traumatic brain injuries (TBIs) are a major concern when someone experiences a motorcycling accident. Although a helmet can significantly reduce the chances of brain damage, it cannot completely erase the risk. If the rider’s head hits the ground, they may still suffer a severe brain injury even if they wear a helmet. These injuries can lead to lifelong difficulties and require significant treatment. They may need long periods of hospitalization and years of rehabilitation to relearn things that were once second nature, like walking and talking.
Bikers should seek medical assessment immediately after a wreck to check for signs of brain damage. These injuries can worsen over time, and symptoms may not fully manifest until days after the crash.
Certain safety protocols and laws are crucial to preventing severe accidents while motorcycling. Besides protecting yourself, it is also important to follow these rules to avoid traffic infractions and associated fines. Motorcyclists must abide by the same traffic laws as everyone else on the road; a violation could lead to a ticket and jeopardize a civil liability claim in the event of a collision.
Local riders should keep up to date with the motorcycle safety rules in DC. Unfortunately, even the safest rider cannot always account for other motorists’ negligence on the road. When accidents occur, reach out to an experienced attorney like Roger Gelb to discuss your rights and legal options.
In the District of Columbia, the age requirement for a motorcycle operator’s permit is 18. A motorcyclist must pass a specific exam and show that they can safely operate the bike to obtain the permit. They must also have a valid driver’s license. Once they pass the test, they will get an “M” endorsement on their license allowing them to ride or operate a motorcycle in Washington, DC.
In the District of Columbia, motorcyclists must wear a Department of Transportation-approved helmet while operating a motorcycle or riding on one as a passenger, per § 50-1651 of the DC Code. Helmets are crucial for protecting one’s head and preventing brain injuries in motorcycle wrecks. They can also protect the rider from severe neck injuries and potential paralysis.
Additionally, wearing a helmet can be crucial to contesting allegations of partial fault in a motorcycle injury claim. If a motorcyclist was not wearing a helmet when a collision occurred, the other driver could argue that they contributed to their injuries. This could limit their ability to recover full compensation for certain damages, such as a head injury. After an accident, motorcyclists should consult with a skilled lawyer at Gelb & Gelb, P.C., about the potential impact of DC helmet safety laws on their claim.
A motor scooter that goes over 30 miles per hour must be registered as a standard type of vehicle. Operators require a special license and must follow the same regulations as other standard vehicles. While a motor scooter that travels under 30 miles an hour must be registered and inspected, the operator does not need a special license. Motor scooter riders should take the same safety precautions as motorcyclists in DC to avoid accidents and severe injuries. If a crash occurs, the biker’s adherence to safety laws could impact their ability to recover compensation for their losses.
Washington, DC, like all 50 states, sets a deadline to file a personal injury lawsuit after a motorcycle accident. This deadline–known as the statute of limitations–expires after a set time following the accident’s date. According to D.C. Code 12-301(8), a plaintiff injured in a motorcycle accident has three years from the date of the motorcycle crash to file suit.
The failure to comply with this statute can have steep consequences. With rare exceptions, the courts dismiss injury claims after the deadline expires. Many injury victims believe their insurance claim will settle long before the statute of limitations expires. However, the claims process can be long and drawn out.
Given the risks of delaying an injury claim, seeking counsel from a motorcycle accident lawyer immediately after a crash is vital. Not only could an attorney assist with managing the statute of limitations, but they could also assist in the insurance claims process.
There are countless motorcycle accident lawyers in Washington, D.C. Differentiating who might be the best lawyer for your case can be intimidating. Further, navigating the aftermath of a motorcycle crash requires expertise in general personal injury law and specific knowledge of DC’s motorcycle laws. Our attorneys are well-versed in the nuances that differentiate motorcycle cases from other vehicular accidents. Here, we will discuss the most critical factors to look out for when hiring a motorcycle accident lawyer.
Boasting over 70 years of experience, our dedicated DC motorcycle injury lawyers have navigated the complex legal landscape, ensuring justice for motorcyclists. Experience is essential, no matter what type of business you are in. There is a tremendous learning curve in law that newer law firms may still be catching up on. For motorcycle accidents, especially in the District, there are specific deadlines that attorneys need to be aware of. Having practiced in the area for most of a century, we are familiar with all the quirks that D.C. law offers.
Another benefit of experience is efficiency. On top of a newer firm needing to familiarize itself with deadlines, it will likely be slower in handling your case. It’s essential to be efficient in handling your case. The sooner we can resolve your case, the sooner you get the compensation you deserve. Of course, some elements of any case are out of our hands. Even the best motorcycle accident lawyer cannot expedite certain parts of the process.
At Gelb & Gelb, P.C., our client-centric approach means prioritizing your needs and ensuring transparent communication throughout your DC motorcycle accident claim process. While this may seem obvious, it is not valid in all firms. When you call our firm with a question during your case, you can contact your attorney seven days a week. We understand how important it is to communicate during your case. If you have a legal question, you will have an attorney assisting you. While we do have excellent paralegals, unlike at many other firms, you will not have your legal questions answered by them.
In addition to prompt and thorough communication, we take the time to investigate every pertinent detail of your case. In particular, compensation’s pain and suffering element requires a deep dive to ensure each detail is accounted for. Some law firms may gloss over this bit and cover the general pain from your injury. However, we go the extra step. For example, you have a right to compensation if you break your hand and can no longer play the piano during your eight weeks of treatment for your injury. This is one element that sets us apart in a legal team.
When a firm has hundreds of cases, some firms get overwhelmed with their work. They may need help paying sufficient attention to each case in those situations. This is a big mistake. Aggressive legal pursuit is necessary to ensure the best chances of securing maximum compensation. Insurance companies are in business to pay as little money as possible. That is at the core of their business model. Without aggressive legal pursuit, insurance companies will evade a plaintiff for as long as possible. Leave your case to an experienced DC motorcycle accident lawyer who will aggressively pursue the defendant to win you compensation.
PIP coverage, short for personal injury protection or no-fault coverage, compensates a victim in a car accident regardless of who is at fault. PIP is a complicated area of insurance law. In 1989, the District of Columbia Court of Appeals held that a motorcyclist must not be insured as a precondition to recover statutory PIP benefits. However, that same monumental case coincides with that first rule, stating that the motorcyclist may recover only from the adverse driver, not their automobile policy. Coleman v. Cumis Ins. Soc., Inc., 558 A.2d 1169 (D.C. 1989).
If the negligence of another motorist resulted in your motorcycle accident, you could have a claim for damages. You might be entitled to substantial compensation depending on the severity of your injuries. Our seasoned motorcycle accident legal team in DC meticulously evaluates your case to estimate the compensation you deserve, factoring in medical expenses, lost wages, and pain and suffering, guided by DC’s specific legal standards. To be clear, a personal injury lawyer cannot give you a precise estimate.
It would be unethical to do so. However, an attorney can still evaluate, in his estimation, what the claim is worth. This is valuable for negotiating a settlement with defense counsel. They have evaluation techniques that differ from those of a plaintiff’s lawyer. Thus, evaluating a fair monetary value independent of what the insurance company offers is imperative. An attorney does this best after years of courtroom experience.
While you can technically handle a motorcycle accident case pro se, it is inadvisable. But a Washington, DC motorcycle accident lawyer can assist you at trial. The trial process can be complex, from filing the suit and drafting the complaint to finding the appropriate expert witnesses and creating a line of questioning. Of course, this must consider the numerous motions, evidentiary rules, and civil procedures in a motorcycle accident case.
Due to the complex nature of nearly every stage of litigation, including the potential for a lengthy appeals process from either side, it is better to keep the case simple. Given that personal injury cases are all we handle, we are familiar with the entire process. We can speak with your medical providers and request the necessary bills and records on your behalf. In addition to increasing the likelihood of your recovery, you are also making the process on the front end easier for yourself.
In addition to communicating with your medical providers, we will keep track of your lost wage claim. This requires careful documentation from a doctor excusing you from work. Too often, clients try to skip work on their own accord because they are in pain. While the injury may warrant time off from work, and a medically excused absence from work entitles you to a lost wage claim as part of your compensation, it must be done through the proper channels. This is where our simplification of the process benefits you.
In general, insurance behaves much the same way in a motorcycle accident as it does in a car or truck accident. In part, the law on DC motorcycle insurance is dictated by Coleman v. Cumis Insurance Society, Inc. and Dairyland Insurance Co., (D.C. Ct. App. 1989). That case is important because DC’s highest local court ruled that motorcycles are excluded from the statutory definition of “motor vehicle” in the 1982 Act, so they are not required to carry no-fault insurance. However, motorcyclists can still recover PIP benefits, as seen in that case, if they did not waive their right to PIP under a motorcycle policy. The twist here is that DC PIP is bad for plaintiffs. If your injuries are minor, you probably do not want to make a PIP claim anyway.
Only when your injuries are significant should you consider making a PIP claim. Otherwise, you may bar yourself from also making a bodily injury claim. In DC, you have only 60 days from the date of the accident to decide whether you will make a PIP claim (§ 31-2405 of the DC Code). Other insurance quirks in DC for motorcycle accidents is that
When valuing your motorcycle accident, there are a few categories we must consider to maximize your recovery. First is your objective, economic damages. These are precise, quantifiable, and should be fully compensable. Non-economic damages, or general damages, are imprecise, more subjective, and can depend on the judge or jury’s decision. Naturally, this varies from case to case and depends on the venue we file suit in and even the judge we get in that particular courthouse.
These are also known as economic damages. They are quantifiable in that they cover precisely what you are billed. You may receive the bill from a medical provider or a mechanic. The two most common forms of special damages are medical expenses and lost wages. A third form of special damage is property damage. You must prove the injury to recover these damages in a motorcycle accident. Then, you must demonstrate that the damage you incur relates to your injury. These are the basics of motorcycle safety laws in DC.
Special damages are compensable. This means, unlike other damages, you get precisely the amount you pay as an expense. Legal defense teams try to discount special damages, saying the amount of medical treatment you receive is unreasonable. However, there is generally no basis for this, and the law does not support their supposition. They do this typically as a negotiating tactic. This discounting and manipulating the law is an important reason to hire a DC motorcycle lawyer to assist you with your case.
General damages are less quantifiable than special damages, but are still vital for DC motorcycle accident compensation. The basis for general damages is that you suffer pain when you are injured. Especially if you break a bone or have a harrowing injury like a burn, you may have a lot of pain. The law places a monetary value on your pain and suffering. Although it is more arbitrary than special damages, we do have a basis for what a jury will give you in each county in Maryland or Washington, D.C.
This form of damage is worth highlighting simply for the potential monetary value if you can successfully prove it in your case. We calculate punitive damages by taking a multiple of the compensatory damages, general damages, plus special damages. This multiple is anywhere from one to nine. The more egregious the conduct by the defendant, the higher the multiple will be. However, punitive damages in Washington, D.C., require a malice standard. In the case of a D.C. motorcycle accident, the defendant likely needs to act intentionally in hitting you. In theory, this can drastically increase the value of your case.
However, insurance rarely covers intentional conduct, only negligence. Thus, there may not be a viable source of recovery despite your case being worth a large sum. If this plays out to fruition, we can sue the defendant, secure a large judgment, then spend years and exorbitant fees collecting against a defendant who has no assets. While we may be able to garnish wages, the juice is rarely worth the squeeze in these instances due to the cost associated. Thus, your best avenue to success is to recover through an applicable insurance policy.
A Washington, DC motorcycle accident lawyer can advise you on the strength of your case and prepare you for the litigation process. Embark on your journey towards justice and compensation with DC’s premier motorcycle accident legal team.
Contact Gelb & Gelb, P.C. today for a personalized consultation tailored to your unique case.
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