Motorcycle Accident Lawyer in Bozeman & Missoula
Motorcycles do not have the weight or size of a car, truck, or SUV, and yet other drivers tend to act carelessly around them. They may try to tailgate the bike, stop suddenly, or make a turn into the vehicle.
And the worst part of all: the motorcyclist is blamed for the accident. But that is hardly the case.
If you have been injured due to the recklessness or negligence of other drivers on the road, reach out to a Bozeman motorcycle accident lawyer.
At Western Justice Associates, we have helped accident victims seek compensation for their medical bills, lost wages, and other out-of-pocket expenses. As a motorcyclist, you have every right to remain safe on the road. When someone crashes into your bike, you are entitled to pursue compensation for your case.
Causes of Motorcycle Accidents
When a motorcyclist is involved in a crash, the results can be devastating. Many times, the rider is left with debilitating injuries. In the worst-case scenarios, their family searches for answers after an untimely death.
During this time, it is important to know the cause of the accident to determine fault. With that, the legal team can hold liable parties accountable for damages.
Unfortunately, many drivers just don’t see motorcycle riders on the road. Often, these vehicles sit low to the ground and end up in the other driver’s blind spots.
However, that is not an excuse for hitting a motorcyclist. All drivers have a duty of care to watch out for other drivers on the road, whether in a car, an SUV, or on a motorcycle.
Some of the most common causes of these accidents include:
- Other drivers: These vehicles might suddenly stop, speed through a light, take an unexpected turn, or even tailgate the motorcyclist.
- Design and manufacturing defects:Sometimes, a problem with a part of the vehicle could lead to an accident. Other times, the repair shop may have used faulty components on the vehicle. Liability can even extend to the helmet manufacturers if the helmet does not protect the driver during the crash.
- Governmental entities: Local, state, and federal government agencies are responsible for ensuring the road remains safe. These parties could be liable for any accidents if there are excessive potholes, dangerous lane configurations, or other poor conditions.
Motorcycle Accident Injuries
Motorcycle accidents can be extremely dangerous. Due to a motorcycle’s lack of protection, riders are at an increased risk of suffering severe injuries during an accident. The injuries that motorcyclists suffer during an accident can be life-altering, affecting their quality of life significantly.
One of the most common types of injuries that motorcyclists suffer during an accident is contusions. These deep bruises are caused by blunt force trauma to the body. Other injuries may include:
- Concussions occur when the brain is jolted inside the skull, resulting in a loss of consciousness, confusion, and other symptoms.
- Traumatic brain injuries (TBIs) are also a danger for motorcyclists involved in an accident. TBIs can cause permanent damage to the brain and can result in long-term disability or death.
- Permanent nerve damage results in chronic pain, numbness, and tingling sensations in various body parts.
- Road rash occurs when the skin is scraped or torn off due to contact with the road, often resulting in scarring and disfigurement.
- Facial lacerations lead to permanent scarring and require extensive reconstructive surgery.
- Bone fractures and joint damage can be excruciating and can take a long time to heal.
In the most extreme situations, disfigurement and amputation are also common injuries. With all the moving parts of the bike near the rider, their limbs can become entangled, often requiring amputation.
What To Do if You’re Involved in an Accident
Being involved in an accident can be stressful and scary. You will want to:
- Check for injuries and seek medical help: If anyone needs medical attention, make sure to call 911. Even if you don’t need immediate assistance, go to a doctor or hospital for a complete examination. Sometimes, injuries will not appear until a few days after the accident.
- Contact law enforcement and get a police report: Whether it is a minor accident or a major crash, you need to contact the police. A police report can help build the foundation for a motorcycle accident claim.
- Exchange information and document the scene: You always want to collect the other driver’s data, such as their name, address, phone number, insurance information, and license plates. You can also take a few photos with your phone to show the damage or potential fault for the accident.
- Reach out to an injury attorney: After all that, contact a qualified motorcycle accident attorney. They can help you take those next steps in the case. Additionally, they can assist with collecting evidence, negotiating with the insurance company, and even pursuing litigation on your behalf.
Find the Right Bozeman or Missoula Motorcycle Accident Lawyer for Your Case
Motorcycle accidents are serious matters in Montana. If you have been involved in one, you can pursue compensation for medical bills, rehabilitation costs, lost wages, and even pain and suffering.
But you need to take the next steps and contact a Bozeman or Missoula motorcycle accident lawyer.
At Western Justice Associates, we can help with your legal options. Schedule your consultation to find out the best option for you.
Motorcycle Accident FAQs
Why are motorcyclists more vulnerable in accidents?
Motorcyclists lack the protective structure of cars. When other drivers act carelessly motorcyclists often suffer the serious consequences.
What are common causes of motorcycle accidents?
Crashes frequently result from other drivers’ negligence—such as tailgating, changing lanes without checking blind spots, sudden stops, or speeding. Design and manufacturing defects in motorcycle parts or helmets, and hazardous road conditions maintained by government entities, can also cause accidents.
How do defective motorcycle parts contribute to accidents?
If motorcycle components or helmets have design or manufacturing defects, riders may lose control or suffer greater injuries. These cases fall under product liability law and may involve manufacturers and distributors.
Can poor road conditions cause motorcycle crashes?
Yes. Potholes, gravel, uneven pavement, and unmarked hazards can cause riders to lose control. Government entities responsible for road maintenance may be liable.
What injuries are common in motorcycle accidents?
Riders often suffer contusions, concussions, traumatic brain injuries, permanent nerve damage, road rash, facial lacerations, fractures, disfigurement, or amputation.
What should I do immediately after a motorcycle accident?
Check for injuries, call law enforcement and emergency services, exchange contact and insurance information, document the scene with photos and witness statements, and contact an injury attorney.
Why is it important to seek medical attention after a motorcycle crash?
Even if injuries are not immediately apparent, medical evaluation can detect internal injuries and create documentation for your claim.
Can I sue for injuries caused by defective motorcycle parts?
Yes. Product‑liability laws allow injured riders to pursue manufacturers, suppliers, distributors, and retailers when defects contribute to crashes.
What compensation is available for motorcycle accident injuries?
Compensation may cover medical bills, rehabilitation, lost wages, property damage, pain and suffering, and, in rare cases, punitive damages.
How does negligence apply to motorcycle accidents?
To recover damages, you must show that the other party owed a duty of care, breached it, and caused your injuries. Evidence may include police reports, witness statements, and photos.
How can I prove another driver was at fault?
Documenting the scene, obtaining witness statements, and demonstrating that the driver violated traffic laws or engaged in reckless behavior helps establish liability.
What if the motorcyclist is blamed for the accident?
Motorcyclists are often unfairly blamed. An attorney can investigate and gather evidence to show that other drivers’ negligence caused the crash.
What is road rash, and why is it serious?
Road rash occurs when skin is scraped along asphalt or gravel, causing painful abrasions that may lead to infection or permanent scarring.
What long‑term impacts can motorcycle accidents have?
Severe crashes may cause permanent nerve damage, traumatic brain injuries, amputations, and disfigurement, leading to lifelong disability and emotional trauma.
How do defective helmets contribute to injuries?
Helmets with design or manufacturing defects may fail during crashes, resulting in head injuries. Victims can pursue claims against the manufacturer.
When should I report the accident to my insurance company?
Notify your insurer soon after the crash, but avoid detailed statements until you consult an attorney.
Should I speak to the other driver’s insurer after a motorcycle accident?
It is best to decline interviews or recorded statements until you have legal representation. Insurers aim to minimize payouts.
How should I document the scene of a motorcycle accident?
Take photos of vehicles, road conditions, debris, and injuries; collect witness contacts and make note of weather and lighting.
How do I recover lost wages after a motorcycle accident?
Keep records of missed work and pay stubs. Lost wages are a recoverable economic damage.
Can I sue for pain and suffering?
Yes. Compensation may cover physical pain, emotional distress, and loss of enjoyment of life.
Are punitive damages available in motorcycle accident cases?
Punitive damages may be awarded when the defendant’s conduct was particularly egregious.
What if the at‑fault driver is uninsured or underinsured?
You may seek benefits under your own uninsured/underinsured motorist coverage.
How does Montana’s comparative negligence rule apply to motorcycle accidents?
If a rider is partially at fault, damages will be reduced by their percentage of fault. Recovery is barred if they are more than 50 percent at fault.
What should be included in a demand letter to the insurance company?
An attorney will include accident details, medical bills, evidence of fault, and a demand for fair compensation.
How can a product‑liability attorney assist motorcyclists injured by defective parts?
Lawyers pursue claims against manufacturers and distributors for design, manufacturing, or warning defects, seeking compensation for medical costs, lost wages, and pain and suffering.
How soon should I contact a motorcycle accident lawyer?
Reach out as soon as possible after the crash so your attorney can preserve evidence, handle insurer communications, and meet legal deadlines.
Can I recover damages if a family member dies in a motorcycle accident?
Yes. Surviving family members may pursue a wrongful‑death claim to recover funeral costs, lost income, and other damages.
What responsibilities do government agencies have for road maintenance affecting motorcyclists?
Governments must keep roads reasonably safe. Failure to fix hazards like potholes or uneven pavement can lead to liability when those hazards cause motorcycle crashes.
Does wearing protective gear affect my claim?
While wearing helmets and other gear can reduce injuries, failure to wear protective equipment does not bar recovery.
How do lawyers negotiate motorcycle accident settlements?
Attorneys gather evidence, calculate economic and non‑economic damages, draft a demand letter, and negotiate with the insurer. If a fair settlement isn’t offered, they are prepared to litigate.