Motorcycle Accident Lawyer | Minding the rights of Idaho Riders because the only thing worse than being seriously injured in a motorcycle accident is to find out later you were taken advantage of by an insurance company.
Insurance claims adjusters know all the tricks in the book.
Shouldn’t you have a legal team fighting for you?
We believe that it’s better to be prepared than to be lost in a panic. That’s why we are thrilled to have been sponsors of A Crash Course for the Motorcyclist at the Nampa Civic Center. Thank you to everyone who made this course happen! To learn more visit our motorcycle training page.
At Skaug Law, charges are settled at the end of your case. You only pay attorney fees when you win.
When you have been in a motorcycle accident it is more likely than not to find either yourself or your loved ones being pushed around by an insurance company. Too often it ends up being required that you or your loved ones have to be able to push back!
When you are already dealing with injuries or concerns surrounded an injured loved one, nobody is at their best, that’s when it’s important to have the right support doing that pushback for you!
Skaug Law cares about bikers, we care what you experience on and off the road and we know how to successfully navigate the bureaucracy associated with insurance claims when you’re on the unfair end of that battle too. Those are some of the many reasons that as a motorcycle accident law firm we became founding members of the National Academy of Motorcycle Injury Lawyers (NAMIL).
An experienced motorcycle accident lawyer, like those we work with here at Skaug Law, knows how to collect the compensation needed to set things right for you and for your family. This can include filing claims with insurance companies to arbitrate a settlement or taking a case to court in a formal lawsuit when they don’t play fair to your needs.
A motorcycle accident lawyer will represent clients with:
Not everyone thinks of the many vehicles that fall into this category of accident, but scooters and mopeds face many of the same issues motorcycles and motorcyclists face.
In some motorcycle accident cases, we also handle helmet defect claims against the manufacturers so you can cover your medical bills.
If a helmet cracks or falls off when a client is hit, there may be potential for a defective product claim in addition to the lawsuit against a negligent driver.
Are you unsure if your case fits into any of these categories or not? Don’t worry; we’re happy to do a free consultation with you to see how your case fits into our experience and expertise to serve you. We have handled numerous motorcycle-related accidents and will guide you towards clarifying what we can do to help you get the compensation you will need and deserve to have.
Are you unsure about whether or not you should talk to an experienced motorcycle accident attorney about your accident? Many people do not feel like they went through enough to require the help of a lawyer, but it is important to realize that the insurance companies are not on your side in these situations. They will try to push for a fast resolution without any lawyers involved, but lawyers can help you review these agreements to ensure you are getting fair treatment from all involved parties.
Whether or not you believe you will need to pursue a claim, it’s good to get an experienced motorcycle accident lawyer involved in your case as early as possible. They can help you to ensure you gather appropriate documentation and get the compensation you deserve.
Skaug Law attorneys have extensive experience overcoming prejudices against our motorcycle clients. Motorcycle riders are often given more blame than they deserve in situations where the negligence of another driver was a bigger issue.
Generally speaking, drivers have an obligation to operate their vehicles in a safe manner and follow the rules of the road. Any driver who fails to uphold this duty and, as a result, gets into an accident or causes a wrongful death, may be negligent.
A negligence case following a motorcycle accident states a defendant’s poor driving led to a crash and that the defendant is liable to provide fair and necessary compensation.
Our motorcycle accident lawyers help victims win maximum compensation for past and future medical costs and care, lost income, pain and suffering, property damage, as well as other losses.
Individuals involved in motorcycle accidents are likely to be suffering from severe injuries.
It is not uncommon for the victims of these accidents to endure broken bones, head trauma, and severe cuts and scrapes to name a few.
Injured individuals may be able to recover compensation for damages such as:
In addition, victims can recover compensation for any mental trauma they have endured.
A Nampa-area motorcycle accident lawyer can calculate the value of your case and fight to recover its full value.
Often, the defendant will argue that a biker was partially responsible for the accident. The State of Idaho follows the theory of comparative negligence. This means the courts will assign a percentage of responsibility for the accident to each party involved.
If you are found to be more than 50 percent “at fault” for the accident, you may not be able to recover compensation. If you are in this situation and believe it is unfair, or inaccurate and you haven’t already – it is time to reach out to our motorcycle accident law firm and get the team working on your behalf.
Our attorneys can use evidence and witness testimony to further demonstrate and convince a court that the defendant was indeed partially or even, entirely to blame for the collision if that is the case.
Unlike with a car accident, even relatively minor motorcycle accidents often result in serious harm. This makes it especially important to make sure that you seek medical attention as soon as possible after your accident. Sometimes the injuries from an accident can be obvious, but sometimes they don’t become apparent until later. If you don’t have a record of seeking medical attention for your injuries immediately, it can be difficult to prove that they were caused by your accident.
After arranging for medical attention, there are also a few other things you should try to do as soon as possible. They may not all be possible if you have suffered severe injuries, but they can help support your claim.
You will also want to contact a Motorcycle Injury Attorney as soon as possible. They will be able to help you to investigate to find and preserve evidence of your accident as well as handle the details of negotiating with your insurance while you focus on your recovery.
The time allowed for filing a suit for injuries stemming from a motorcycle accident, called the Statute of Limitations, is two (2) years from the date of the accident. After this period, it is likely that any attempts to file a claim for your injuries will be rejected by a court. It is important to remember that this is the time allowed to file a suit, not a requirement for its completion. Once your suit has been properly filed, the legal process will continue until a conclusion has been reached.
Because insurance companies know this, they will often stall negotiations in hopes of pressuring you into accepting a lowball offer or missing your opportunity to file a suit at all. This is one of the reasons why it is important to get in touch with an experienced Motorcycle Accident Attorney as soon as possible after your accident. They have the experience dealing with these sorts of situations and will be able to help you navigate the process, including taking the issue to court if necessary.
Part of dealing with motorcycle accidents is knowing what the common causes are so that you can avoid them. While aiming for a full recovery is something that we try to do, it’s always best to be equipped to avoid an accident as best as possible in the first place.
While it’s impossible to control how other people drive, staying alert is the best thing you can do to avoid accidents. Try to avoid riding while tired, as it can slow your reaction time and make it harder to clearly notice potential hazards, and definitely pass on riding if you’ve had any drinks. Even if you think you’ll probably be okay, a large percentage of fatal motorcycle accidents have involved a rider or other motorist who had been drinking.
The specific details of what your insurance may cover tend to differ based on the degrees of optional insurance you may have. At the basic, legally mandatory level of insurance, your insurance will only cover liability for damages that you cause in an accident. In other words, if you yourself are injured, you’ll have to go through the other party’s insurance while proving that they are at fault for an accident.
Because motorcycle accidents tend to result in more severe injuries than other types of accidents, it’s generally a good idea to get more than the bare minimum. It’s also usually a good idea to look for Underinsured or Uninsured Motorist Coverage. If the other party is uninsured, or their insurance coverage isn’t enough to cover for your injuries, you could find it difficult to get all of your medical bills covered. These kinds of additional coverage help to cover your expenses while you recover if the other party is incapable of meeting the requirements.
Insurance companies know that when you’ve been in an accident, you’re likely to be off-balance and vulnerable. This is why they will often reach out to you shortly after advice looking for statements about the accident, or pushing you for details that they might be able to use to weaken your case. You are not obligated to answer them. It is usually safer to let a Motorcycle Accident lawyer handle those conversations, as they will be more familiar with these and other tricks insurance companies pull, such as
Insurance companies have had years of experience arguing why they shouldn’t have to properly compensate people for their injuries, so it is also important to make sure you have someone with similar levels of experience fighting for your rights.
For people under the age of 18 – and this includes both riders and passengers – if you’re riding on a motorcycle, motorbike, or on a utility type vehicle or all-terrain vehicle, a helmet is required. The helmet must also meet the standards established by the Director of Motor Vehicles. This restriction doesn’t apply when riding on private property.
However, even if it is not legally required for adults to wear a helmet, it’s still a really good idea to do so anyway. According to studies from the National Highway Traffic Safety Administration, helmets reduce the risk of dying in a crash by 37%, and riders with helmets are only one third as likely to suffer traumatic brain injuries in the event of a crash. Something as simple as strapping on a helmet could save your life.
To understand how fault works for motorcycle accidents in Idaho, there are two important things to know. The first is that Idaho is an At-Fault State, and the second is that they measure fault with a method known as Comparative Negligence.
The limit for receiving compensation even if you were partially at fault is 50%. As long as you are found to be less than 50% at fault for an accident, you will still be able to receive compensation, though it will be reduced according to your portion of fault for an accident. If you were found to be only 20% at fault for an accident, for example, and the damages were considered to be $20,000, you would be able to receive up to $16,000, or 80% of your damages after your fault was deducted.
When it comes to calculating the damages for motorcycle accidents, it can usually be broken down into four main categories.
This includes both your medical expenses from the accident so far, as well as predicted medical expenses for completing your treatment. The goal here is to get you as close as possible to your original condition. This could include hospital bills, physical therapy, surgeries, or medication required for your recovery, among other things.
This covers the wages you could have earned during the time you were recovering from your accident, as well as potential future earnings that were lost. If your leg was mangled in an accident, preventing you from working in your field in the future, this would cover that as well.
This most frequently includes damage to your motorcycle. This could be the cost of getting your motorcycle repaired, if possible, or compensation for its value according to the Kelley Blue Book value for your motorcycle, which may include depreciation for its age and condition.
Being in a motorcycle accident can be traumatizing, and the law accounts for that. Suffering from PTSD related to the accident, damage to the injured person’s relationships with their family or spouse (“loss of consortium”), or compensation for a family’s primary provider being unable to work might all be involved here.
While there may sometimes be other types of damages specific to your case, and an attorney will be better able to help you go over the details, these are the basic types of damages typically compensated for in an accident.
As long as they have their own, regular, permanently attached seat. Many motorcycles are not designed for multiple passengers, and for those motorcycles, you can’t legally take a passenger with you. This is for the protection of both the rider and the passengers. If someone isn’t able to be properly seated, they’re more likely to throw off the balance of the motorcycle and potentially cause an accident.
If your motorcycle’s seat was designed for carrying two people, that’s another story, and they can ride along with you just fine. You’re also good to go if your motorcycle has a second permanent, regular attached seat firmly attached to the rear or side of the vehicle, so for those of you who are looking forward to riding double – maybe even have your older kids ride along with you – that’s something to look into when deciding on your bike.
The ‘Red Light’ law is a law in Idaho that says that if (and only if) you’re stopped at a red light controlled by a triggered traffic-control signal using a vehicle-detection device, and it doesn’t change for a full cycle of the light – for example, because the sensors didn’t pick up your motorcycle – that you can then proceed as if it had been a stop sign. This law is a little tricky, and a little dangerous, as other vehicles may not expect you to behave in this way, and unpredictable behavior is a frequent cause of accidents.
This does not apply to intersections not controlled by those sensors, so be sure to come to a complete stop when coming to a red light at an intersection and make sure to wait for a full cycle of the lights. Claiming that you believed it to be a sensor-triggered light when it was not generally isn’t accepted as a defense, so as always, proceed with caution.
The best motorcycle accident lawyer is going to be the lawyer who can look at your case in a fair, objective way to ensure they are able to find the best way to move forward with your case.
Motorcycle accident lawyers with experience dealing with issues like shared fault and driver negligence will be able to apply these problems to your case, and they are the most likely to be able to succeed in arguing your case.
Here at Skaug Law, we have a team of lawyers dedicated to helping those involved in motorcycle accidents to get the compensation they deserve. Contact us for more information and a free consultation about your accident at any time.
You can win maximum money for your injury and losses with the right motorcycle accident lawyer on your side. A skilled attorney will guide you through every step and will find every available insurance source to pay for your damages.
Motorcycle accidents are life-changing events; from injuries to medical bills, there are many aspects of the damages caused by these accidents that insurance companies might try to brush over.
Our Nampa-based Idaho motorcycle accident law firm, Skaug Law can help you demonstrate that another driver was negligent and that this negligence caused your injuries.
Our attorneys will work not only to prove another party was at fault but also to pursue your case for all possible compensation.
You pay nothing upfront and only when you win your case, so you do not need to worry about whether or not our services are affordable for you or not.
Our firm was established in 1992 with the sole purpose of seeking justice for injury victims and the families of fatal accident victims. There is no cost to speak to a Skaug Law attorney to get advice on your case and understand your legal options.
You can call our firm 24 hours a day, seven days a week. Call today to schedule a consultation.Get Your Free Injury Case Review
Don’t get pushed around by the insurance company. Push back! An insider’s peek into the insurance industry.
> Insurance tweaks you should make right now.
> Mistakes that ruin your case.
> How to win 3.5 times more money.
> …and many more tips to get the maximum for your injury.
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