Delaware Motorcycle Accident Lawyer

Our Delaware motorcycle accident lawyer has a deep understanding of the unique challenges faced by riders involved in a crash. With extensive knowledge of Delaware's laws and regulations, we are well-equipped to handle a wide range of cases. Whether your crash was caused by a negligent driver, hazardous road conditions, or a defective part, our team has the expertise to build a strong case on your behalf.

When you choose the Law Office of Trapp Nicholl as your legal representation, you can expect:

  • Personalized Attention: We treat every client with the utmost care and attention, taking the time to understand the specifics of your accident and its impact on your life.
  • Thorough Investigation: Our attorneys will conduct a detailed investigation to gather crucial evidence, interview witnesses, and reconstruct the accident scene when necessary to determine liability.
  • Skilled Negotiation: We are skilled negotiators and will work tirelessly to secure a fair settlement with insurance companies. Our goal is to obtain maximum compensation for your medical expenses, lost wages, pain and suffering, and all other applicable damages.
  • Aggressive Representation: If a fair settlement cannot be reached through negotiation, our attorneys are prepared to take your case to court and fight for your rights in front of a judge and jury.

How a Lawyer Can Help After a Motorcycle Accident

After an accident on your bike, you may be dealing with physical injuries, emotional trauma, and financial stress. Hiring an attorney can significantly alleviate the burden and provide essential assistance:

  • Legal Guidance: An experienced attorney will explain your rights and legal options, ensuring you understand the process, potential outcomes and what to expect.
  • Protecting Your Interests: Insurance companies may try to offer you a low settlement or shift blame onto you. We will protect your interests and prevent you from being taken advantage of.
  • Proving Liability: Establishing fault in motorcycle accidents can be challenging. Our team will investigate the crash, gather evidence, and work with scene reconstruction experts if necessary to determine liability and identify all responsible parties.
  • Calculating Damages: We will meticulously assess your damages, taking into account medical expenses, lost wages, property damage, pain and suffering, and any other losses you've incurred.
  • Fighting for Fair Compensation: Our ultimate goal is to secure the maximum compensation you deserve, either through negotiations or in court. We are passionate about standing up for our clients and ensuring their voices are heard.

Delaware Motorcycle Accident Statistics

Understanding the scope and impact of motorcycle accidents in Delaware is crucial to raising awareness and promoting safety measures. According to the latest data from Delaware's 2022 Annual Traffic Statistical Report and Highway Safety Annual Report in the past year alone:

  • Total number of accidents involving a motorcycle in Delaware: 376
  • Number of motorcycle crash injuries: 252
  • Motorcycle fatalities: 21
    • Under the influence of drugs or alcohol: 8
    • Wearing a helmet: 12

Motorcycle crashes result in a 5% fatality rate in Delaware. To put this into perspective, the death rate of motorcyclists is 9.37 per 10,000 registrations, compared to 1.69 for all vehicles registered. This means that bikers statistically have a 554% higher chance of getting in a fatal accident.

Other key statistics:

  • Increasing trend: The number of motorcycle accidents in Delaware has been on a steady increase over the past decade.
  • High-risk groups: Riders aged 20-29 and 50-59 face the highest risk.
  • Prominent causes: Key contributors include speeding, alcohol, and other vehicles failing to yield right of way.

In light of these figures, it becomes all the more important to ensure you have a competent team to represent you. Our team brings in-depth knowledge of Delaware's laws and a firm commitment to assertively represent your interests.

Causes of Motorcycle Accidents in Delaware

Identifying the causes is pivotal to building a strong case:

  • Distracted Driving: Drivers being distracted by mobile phones, passengers, or other distractions, leading to collisions with motorcycles.
  • Unsafe Lane Changes: Motorists failing to check their blind spots and colliding with motorcyclists while changing lanes.
  • Lane Splitting: Even though it is not illegal in Delaware, lane splitting (riding between the lanes), increases the risk of collisions.
  • Speeding: Excessive speed reduces reaction time and increases the severity.
  • Failure to Yield: Drivers not yielding the right of way to motorcycles at intersections or when merging.
  • Driving Under the Influence: Operating a vehicle while impaired by alcohol or drugs significantly increases the risk of accidents.
  • Road Hazards: Potholes, uneven road surfaces, or debris can pose significant dangers.
  • Mechanical Failure: Faulty parts or inadequate maintenance can lead to devastating accidents.

By understanding these common causes, we can better advocate for our clients and hold negligent parties accountable. Our experienced team will thoroughly investigate your case, gather evidence, and work tirelessly to establish liability and seek the compensation you deserve.

Common Injuries Resulting from Motorcycle Accidents

The injuries sustained in these crashes can be severe and life-changing due to the lack of protection compared to other vehicles. Some common injuries include:

  • Road Rash
  • Broken Bones
  • Head and Brain Injuries
  • Spinal Cord Injuries
  • Internal Organ Injuries
  • Soft Tissue Injuries

Seeking immediate medical attention after a crash is crucial, even if injuries appear minor. Some injuries may have delayed symptoms, and early treatment can prevent complications. Prompt medical care can help document injuries and establish their connection to the accident for legal purposes.

Who is Liable for the Accidents?

Establishing liability can be a complex process due to various factors, including:

  • Other Motorists: Frequently, the negligence of other drivers, such as failing to see the rider, leads to accidents.
  • Local Government Bodies: If poor road conditions, like potholes or inadequate signage, contribute to the accident, government entities may be at fault.
  • Manufacturer Liability: If a defect in your bike or any of its parts contributed to the accident, the manufacturer could be held liable.

What if I'm Blamed for the Crash?

We understand the harsh reality of victim-blaming in motorcycle crashes. The stereotype of reckless riders often precedes the factual investigation, unfairly placing the blame on the rider.

In Delaware, the Modified Comparative Negligence Rule applies. This means that even if you are partially at fault, you can still recover damages. However, your compensation will be reduced by your percentage of fault.

For example, if you are awarded $100,000 in damages but found to be 20% at fault, your compensation will be reduced to $80,000 ($100,000 - 20% = $80,000). Your experienced attorney will work diligently to ensure that your level of fault is accurately determined, allowing you to receive the maximum compensation you deserve under Delaware's comparative negligence laws.

An initial blame doesn't mean a final verdict. Our team will conduct a thorough investigation into the circumstances surrounding the incident, gathering evidence, and interviewing witnesses to build a strong defense on your behalf. We'll work diligently to challenge any unfounded accusations and strive to demonstrate that you were not at fault for the collision.

Compensation for Motorcycle Accidents in Delaware.

Motorcycle accidents can result in significant physical, emotional, and financial hardships for victims. You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, disability and impairment, and off of enjoyment of life if you're no longer able to ride. 

Delaware law doesn't have a cap on damages in personal injury cases. This means the potential compensation can cover the full extent of your losses.

Statute of Limitations in Delaware

In Delaware, there is a two-year statute of limitations for personal injury cases, including motorcycle accidents. This means that victims have two years from the date of the accident to file a lawsuit against the party at fault, otherwise, you may lose your right to seek compensation.

It's important not to delay in taking legal action. Initiating the legal process early allows your attorney to gather evidence, interview witnesses, and build a strong case on your behalf. If you or a loved one have been injured in a motorcycle accident in Delaware, don't wait to contact an attorney to protect your rights and ensure your claim is filed within the statute of limitations.

Discuss Your Case with a Motorcycle Accident Attorney in Delaware

After an accident, you may be facing physical injuries, emotional distress, and mounting medical bills. At the Law Office of Trapp Nicholl, our experienced Delaware motorcycle accident lawyer is here to ease your burden and provide personalized legal representation.

When you entrust your case with our team, we will:

  • Listen to Your Story: We'll take the time to understand the details of your accident, the injuries you've sustained, and the impact it has had on your life.
  • Assess Your Claim: Our attorneys will thoroughly evaluate your case, gathering evidence, and determining the best course of action to pursue fair compensation.
  • Handle Communication: We'll handle all communication with insurance companies and other parties involved, protecting you from unfair tactics and ensuring your rights are upheld.
  • Fight for Your Rights: Our goal is to secure the maximum compensation you deserve, including coverage for medical expenses, lost wages, pain, suffering, and other damages.

At the Law Office of Trapp Nicholl, we are committed to providing compassionate, results-driven legal representation for bikers in Delaware. We understand the complexities of these types of cases and will guide you through the process with professionalism and care.

Don't face the aftermath of an accident alone. Contact our Delaware motorcycle accident lawyer for a free consultation, and let us stand by your side to fight for your rights and the justice you deserve.

The Law Office of Trapp Nicholl Is Here for You

At The Law Office of Trapp Nicholl, we focus on Personal Injury, Workers' Compensation, and Estate Planning and we are here to listen to you and help you navigate the legal system.

Contact Us Today

The Law Office of Trapp Nicholl is committed to answering your questions about Personal Injury, Workers' Compensation, and Estate Planning law issues in Delaware. We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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