Salem Motorcycle Accident Attorneys

Why Are Motorcycle Accidents So Dangerous?

According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are also nearly 28 times more likely to die in a crash than occupants of passenger cars, and approximately 5 times more likely to be injured in a crash than car occupants.

Unlike cars or trucks, helmets and protective gear are the only defense for motorcyclists during a crash. Because motorcycles are much smaller and less visible than other vehicles, other motorists often fail to see them until it’s too late.

Our lawyers understand the unique considerations involved in motorcycle accident lawsuits to uphold your rights at each stage of the process, from gathering evidence and establishing liability to negotiating with insurers and representing you at trial if needed. 

Can I Recover Damages in a Motorcycle Accident Claim if I Wasn’t Wearing a Helmet?

If you weren’t wearing a helmet during a crash, recovering damages is still possible, but the total amount of compensation may be reduced by your share of the liability. Oregon follows a modified comparative negligence system with a 51% bar, meaning an injured party can recover damages if they are 50% or less at fault.

Unfortunately, many insurance companies will place undue blame on victims to evade just payouts. They may argue that not wearing a helmet contributed to the severity of your injuries in an effort to reduce the value of your claim, making it crucial to work with our aggressive advocates. 

Our attorneys have a deep understanding of modified comparative negligence laws to push back against unfair allegations, present compelling evidence of liability, and advocate for a full settlement that reflects the true extent of your losses. 

Proving Liability in a Motorcycle Accident Claim

Before you can recover compensation in a motorcycle accident claim, you must first establish liability by a preponderance of the evidence, meaning the defendant’s negligence “more likely than not” caused your injuries to occur. 

To prove liability, you must demonstrate four key elements: 

1. Duty of care. The at-fault party owed you a duty of care, such as yielding the right of way and obeying traffic signs. 
2. Breach of duty. The defendant breached their duty by acting negligently, such as failing to check for motorcyclists before pulling into traffic.
3. Causation. If not for the defendant’s actions, the resulting accident and injuries would not have occurred. 
4. Damages. You suffered actual losses as a result of the defendant’s breach.

Standing up to powerful insurance companies can be daunting, but you don’t have to do it alone. Our lawyers are well-versed in these legal nuances to help you present clear evidence of liability and prepare a robust, evidence-backed case. 

My Loved One Was Killed in a Motorcycle Accident. Can I Seek Justice on Their Behalf?

If your loved one was killed in a motorcycle accident as a result of someone else’s negligence, you may be eligible to seek justice on their behalf in a wrongful death lawsuit. While no amount of money can bring your loved one back, our lawyers can help you explore legal remedies to achieve closure, accountability, and compensation for burial costs, funeral expenses, and other losses. We can guide you through the legal intricacies of filing a claim, gathering supporting evidence, and fighting for a fair outcome while your family focuses on grieving during this challenging time. 

How We Protect Your Rights Against Greedy Insurance Companies

Insurance companies usually have massive departments and legal teams working to protect their bottom lines. Our firm is committed to leveling the playing field for motorcycle accident victims by fighting for full accountability and forcing the defense to the negotiating table. 

Below are some strategic ways that we work to protect your rights: 

• Challenging fault assumptions. We push back when insurers try to stereotype motorcyclists or shift blame without solid evidence. 
• Preserving crash evidence. We work to secure police reports, scene photos, surveillance footage, and witness statements before they are lost or altered. 
• Documenting the true impact of injuries. We develop clear records of treatment, recovery timelines, and limitations so insurers can’t minimize them. 
• Countering low settlement tactics. We evaluate medical costs, lost income, and future needs to respond to undervalued offers with fact-based demands. 
• Preparing every case as if it may proceed to trial. We remain ready for litigation to negotiate from a position of strength.

If you were harmed by a negligent motorist, we can help you take the first step toward justice. Contact us online to discuss your case. Se habla español.