Motorcycle Accident Lawyer in Warwick

Motorcyclists are vulnerable road users. They travel with limited protection and often face severe injuries when involved in an accident. Even after filing a claim, motorcyclists may face bias that affects fair compensation.

Sadly, stereotypes follow bikers, and this perception can affect their ability to secure fair compensation. A motorcycle accident lawyer in Warwick can help prevent this from happening. 

Gemma Law has been committed to helping injured Rhode Islanders in Warwick and West Warwick for over 45 years. If you need representation for a motorcycle accident claim, connect with a Warwick personal injury lawyer from our firm. We are on your side from the start, and you can count on our team to fight for the justice you deserve.

Common Motorcycle-Accident Injuries 

Motorcycle accident victims can sustain injuries that change their physical abilities, affect their emotional well-being, and damage their financial health.

These injuries may compromise mobility or cognition, lead to depression and isolation, change relationships and roles within a family, and prevent victims from working and supporting themselves and their families. Potential injuries include:

• Road burns, which can lead to dangerous infections
• Broken bones, and though some may heal fully with surgery, time, and rehabilitation, others leave permanent damage
• Traumatic brain injuries
• Spinal cord injuries
• Damage to the nerves, muscles, tendons, or other soft tissue can leave victims in chronic pain or with permanent mobility issues
• Internal organ damage
• Damage to the eyes

A Warwick motorcycle accident lawyer can help you sue for compensation and explain how fault is determined in a motorcycle accident claim.

To successfully establish fault and recover compensation for your injuries, be sure to keep all documentation of your medical bills, test results, treatment plans, medications, and more. These are all important forms of evidence that will be vital for your claim.

Devastating Effects of Motorcycle Accidents

The dangerous realities motorcyclists face are evident in crash statistics. According to the National Safety Council (NSC), motorcycles comprise only 3% of registered vehicles and 0.75% of all vehicle miles traveled (VMT) nationwide.

However, they accounted for 14.6% of all motor vehicle crash fatalities and 3.5% of all injuries during the most recent year of data collection.

Over the recent decade, fatalities increased by 32%, and the fatality rate per 100 million VMT increased by 13%. For the most recent year, there were 6,218 deaths, representing 26.26 fatalities per 100 million VMT.

According to the National Highway Traffic Safety Administration (NHTSA), this is the highest number of deaths seen since 1975, as motorcycle safety has continued to decline. 

The NSC also carries state-by-state motorcycle data. For the same year, it lists Rhode Island as one of four states (plus Washington, D.C.) that saw fewer than 20 motorcycle accident fatalities, with a total of 10 deaths. Despite this low number, motorcycle riders are still dying or sustaining devastating injuries from motorcycle accidents.

Helmet and Safety Laws for Motorcyclists in Rhode Island

Riders lack significant protection upon collision. Motorcycle helmet laws in Rhode Island only mandate helmet use for riders under age 21, for those holding a license for less than a year, and for passengers. Though helmets provide much-needed protection, there are some crashes they simply cannot stand up against.

Helmet laws are not the only laws motorcyclists must follow in Warwick and West Warwick. To ensure safety, motorcycle laws in Rhode Island stipulate that motorcyclists are prohibited from engaging in lane splitting, and passengers must meet age and equipment requirements. Motorcyclists must also be of legal age and properly licensed to operate a motorcycle. 

Motorcycle drivers must also regularly maintain their bikes.  This includes making sure there is no damage or mechanical errors that would render it unfit.

Rhode Island also requires motorcycle inspections every year. Motorcycles must also be outfitted with all the necessary safety equipment, such as brake lights, turn signals, and so on.  

Injured Motorcyclists Can Hold Negligent Drivers Accountable

An experienced attorney knows how and why the burden of proof matters in an injury claim and, with early access, can investigate the accident and collect extensive evidence to meet that burden. They will use this information to demonstrate the other driver’s negligence and their role in injuring you so you can recover much-needed compensation. 

As such, a lawyer will establish the driver’s negligence by establishing the duty of care they owed you, and contrasting that with their careless disregard of safety. They will then connect the driver’s actions to the accident that also resulted in your motorcycle injuries and other losses. 

This establishes the at–fault driver’s liability for your losses. They must make restitution by paying for your expenses and suffering and offset the pain and suffering they caused. Your lawyer will guide you through this process and negotiate your compensation so you can be confident you are getting the most favorable outcome. 

Shared Fault is Considered When Evaluating Liability in a Motorcycle Accident Case in Warwick and West Warwick

Under Rhode Island’s pure comparative negligence fault system (RI. Gen. Laws § 9-20-04), victims can hold at-fault parties accountable for compensating them (the victims) for damages sustained in the accident. However, victims must demonstrate that the at-fault party’s negligence caused the accident and the injuries and damages.

In Rhode Island’s comparative negligence system, a victim’s compensation is reduced by their percentage of fault. For example, if a motorcycle rider was speeding or committed another road violation that contributed to the accident, they may be assigned 20% of the blame and receive 80% of their total calculated compensation amount. A lawyer can help reduce liability, minimizing damages. 

What Damages Can Be Recovered for Motorcycle Accident Losses

The compensation motorcyclists can recover varies from case to case. The value of a settlement depends on the specific losses sustained and their severity. The amount recovered is intended to offset these losses and meet the individual needs of victims.

Some common losses that are recovered in these types of cases include:

• Ongoing medical expenses
• Loss of income
• Damage to your motorcycle
• Funeral and burial costs
• Pain and suffering
• PTSD
• Reduction in quality of life
• Loss of consortium

To recover these damages, you must file your claim with the court within the three–year statute of limitations established in RI Gen. Laws § 9-1-14.

Failing to meet this deadline could prevent you from getting justice–but even if you are afraid that too much time has passed, some cases allow for exceptions, so you should still reach out to Gemma Law for a free case review.

A Warwick Motorcycle Accident Attorney Can Make a Major Difference in Your Case

Connecting with an attorney in Warwick or West Warwick as soon as possible after your accident can make a significant, positive difference to your case outcome. They can fight for you and protect your rights throughout the entirety of your case so you can secure a favorable outcome. A skilled lawyer can also challenge unfair claims of fault and prevent a decrease in much-needed compensation. 

Trust Gemma Law to manage your case the right way. We want justice for you and will pursue it ethically and aggressively. When you suffer life-changing injuries because of someone else’s negligence, you need substantial compensation to help you adjust to those changes and provide you with the highest quality of life possible. 

Our skilled negotiators will meet with the at-fault party’s representatives and present convincing evidence to support a fair settlement demand.

Those negotiators are also exceptional trial attorneys, ready to fight for you in court if the other side refuses to cooperate. Wherever your case leads, you can trust us to work diligently to bring you the best possible result. 

Gemma Law Helps You Navigate the Aftermath of a Motorcycle Accident

Gemma Law fights for you after a motorcycle accident to ensure that you have the right resources to help you recover quickly and regain control of your life. 

We provide high-quality service that delivers results and offers support when you need it most. Contact us today to schedule a free consultation with a motorcycle accident attorney in Warwick and discuss your case.