Murray Utah Motorcycle Accident Attorney

Determining fault in a motorcycle accident is crucial for your claim. Utah operates under a “modified comparative fault” system (also known as the “50% rule”). This means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. However, if you are determined to be 50% or more at fault, you generally cannot recover any damages from the other party. Our attorneys meticulously gather evidence, including police reports, witness statements, traffic camera footage, accident reconstruction data, and vehicle damage reports, to establish the other driver’s negligence and minimize any potential fault attributed to the motorcyclist.

Motorcycle accidents often result in severe injuries, leading to significant damage. You may be entitled to recover compensation for:

• Economic Damages: These are measurable financial losses, including past and future medical expenses (hospital stays, surgeries, rehabilitation, medications, long-term care), lost wages (for time missed from work and reduced earning capacity), property damage (motorcycle repair or replacement, damaged gear like helmets and leathers), and other out-of-pocket expenses.
• Non-Economic Damages: These compensate for subjective, non-monetary losses, such as intense physical pain and suffering, emotional distress, mental anguish, scarring or disfigurement, loss of enjoyment of life (inability to ride or participate in hobbies), and permanent impairment.
• Punitive Damages: In rare cases of extreme negligence or malicious conduct by the at-fault driver (e.g., severe drunk driving), punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.

An experienced attorney will help evaluate the full extent of your damages, including future impacts, to ensure you seek maximum compensation.

Motorcycle accident claims can be more complex due to several factors:

• Severe Injuries: Motorcyclists lack external protection, leading to more severe and often catastrophic injuries, which means higher medical bills, longer recovery times, and more complex long-term care needs.
• Bias: Unfortunately, a common bias exists against motorcyclists, with some people (including adjusters or even jurors) quick to assume the rider was acting recklessly. This bias needs to be actively countered with substantial evidence.
• Visibility Issues: As noted, drivers often claim they “didn’t see” the motorcycle, making it critical to prove their negligence in failing to look properly or yield.
• Complex Damages: Quantifying the full extent of long-term economic and non-economic damages from severe injuries requires specialized knowledge.

A skilled motorcycle accident attorney is crucial for overcoming these complexities and advocating effectively on your behalf.

In Utah, the statute of limitations for most personal injury claims stemming from a motorcycle accident is generally four years from the date of the accident. This means you have four years to either reach a settlement or file a formal lawsuit in civil court. While this may seem like a generous timeframe, it is crucial to act promptly. Evidence can degrade, witnesses’ memories fade, and delaying can harm your case. Furthermore, if a government entity is involved (e.g., due to poor road conditions), the notice period for filing a claim against them is often much shorter, sometimes as little as one year. Consulting an attorney promptly ensures all deadlines are met.

Many accidents involving motorcycles occur because other drivers harbor common misperceptions or biases, often unintentionally:

• The “Invisible” Motorcycle: Drivers literally “don’t see” motorcycles because their brains are trained to look for larger vehicles. This leads to drivers pulling out in front of motorcycles or changing lanes into them.
• Misjudging Speed and Distance: Due to their smaller profile, it’s harder for drivers to accurately gauge a motorcycle’s speed and distance, causing them to miscalculate gaps in traffic or turning times.
• Assuming Recklessness: There’s an unfair stereotype that all motorcyclists are reckless thrill-seekers. This can lead drivers (and even insurance adjusters) to prematurely assume the motorcyclist was at fault, even when evidence proves otherwise.
• Lack of Rider Training Awareness: Drivers may not realize that many motorcyclists undergo advanced training far beyond what is required for a standard driver’s license, often making them highly skilled and safe operators.

An attorney can help dispel these misperceptions by presenting clear evidence of the other driver’s negligence and the motorcyclist’s adherence to traffic laws.