Between 2018 and 2022, Maine reported 2,866 motorcycle crashes, ranging from minor to severe. While it is possible to suffer only minor injuries in a motorcycle accident, these crashes, more often than not, end in severe injury or even death.
The lack of physical safety protections motorcycles offer means even a slow-speed and low-impact collision can be deadly. The financial losses stemming from a motorcycle accident can mount quickly.
A question attorneys often hear from victims considering pursuing a claim is, What is the average payout for a motorcycle accident? While we wish we could provide you with a precise dollar amount, it is unrealistic and unprofessional to do so.
Every case is unique, with its own set of facts and circumstances. However, there are several factors that we can consider when discussing the average motorcycle accident settlement or award. Let’s take a closer look.
Calculating an average motorcycle accident payout is challenging because each case is unique, and most settlements have no public reporting. As a result, they cannot be factored into the equation to determine an average.
While it is difficult to confidently say what you might receive for your motorcycle accident claim, these catastrophic claims often result in six and seven-figure payouts. There are several factors that insurance companies and courts will utilize when determining the value of your specific claim. These include:
As you might imagine, the more severe the injuries and damage, the higher the payout. However, it can vary even among victims with similar injuries because one individual may heal physically, emotionally, and mentally at a different rate and degree than someone else with similar injuries.
The most efficient and accurate way to determine your possible damages is to discuss your accident with a Maine motorcycle accident lawyer.
Let’s examine some factors that will influence your Maine motorcycle accident settlement or award more closely.
The applicable insurance policy coverage is one of the most important factors influencing your motorcycle accident claim. Maine is a fault-based state, meaning the negligent driver (i.e., the driver who caused the crash) is financially liable for injuries and damages. Every motorist is required to maintain a minimum amount of motor vehicle insurance.
All motor vehicles, including motorcycles, must have coverage of at least:
What does this mean? You are generally limited to collecting the negligent driver’s insurance policy maximum. In other words, if the driver has a $100,000 policy, you are typically limited to collecting $100,000 and not more.
However, as a motorcycle accident victim, your damages can quickly exceed those policy limits. It is imperative to have a sharp legal team on your side to advocate on your behalf. Our Maine motorcycle accident lawyers are here to help ensure you receive adequate compensation for your injuries.
As a motorcycle crash victim and plaintiff, you must prove your case. To successfully do this, you need high-quality evidence. The defendant’s insurance company will look for ways to deny or decrease the value of your claim. You want strong evidence to leave little room for doubt about your injuries and damages.
Commonly used evidence in motorcycle claims includes the following:
If you are reading this list and think you do not have most of this information, don’t worry. We can help you gather this information and evidence even at a much later date. Remember, sometimes, having a few strong, credible pieces of evidence is better than having many less credible sources.
Importantly, all motorcycle accident victims must file their claims before the statute of limitations deadline. In Maine, you generally have six years from the accident date to file a civil lawsuit for damages.
This is a generous amount of time to bring your claim compared to other states. However, it is essential to be mindful of certain exceptions that may shorten this time frame.
Even though you likely have six years to file your case, we strongly encourage accident victims to pursue their claims while the events are fresh in their and potential witnesses’ minds.
Maine uses a modified comparative negligence system. Under this system, a plaintiff can recover damages if they are not found to be equally or more at fault than the defendant.
Practically, this means that if the motorcycle rider is 51% at fault for the crash, they are barred from recovering damages. However, if the rider is 49% or less at fault for the wreck, they can still pursue compensation. Our attorneys will assess your case to determine fault and liability.
If you or a loved one sustained an injury in a motorcycle accident in Maine, you need an attorney to help you hold those responsible accountable and rebuild your life. At Mann Law, the National Trial Lawyers Association named us to the Top 100 Trial Lawyers.
We prioritize providing a personalized, compassionate approach to our cases, clients, and their families. Contact us today for a no-cost, no-obligation consultation.
