WERE YOU HURT HURT IN A PROVO/OREM MOTORCYCLE ACCIDENT?
Having been hurt in a Utah motorcycle accident can cause extreme, life-lasting injuries. Hiring the right, experienced Utah personal injury attorney to handle your motorcycle injury case is vital.
When you are involved in a Provo/Orem motorcycle accident, this is how the motorcycle accident lawyers at Howard Lewis & Petersen, PC can help:CONTACT NOW
(1). Head Injuries.
Your Provo/Orem motorcycle injury lawyers need to be ultra-aware that head injuries are common in motorcycle accidents. Due to the nature of motorcycle accidents, the motorcycle rider is more prone to brain injuries, especially if they are not wearing a helmet or as a result of a high speed collision.
Your first move after a Provo/Orem motorcycle accident is to get fully evaluated by the emergency room physicians, or your family practice doctor. After the dust settles from your Utah motorcycle accident, you need to get a thorough head-to-toe examination with a special emphasis on diagnosing all of your injuries.
Your Provo/Orem motorcycle injury attorney also needs to ensure that you see the right type of doctor to adequately diagnose your injuries. Chiropractors are great at diagnosing the spine and neck, but are not good at diagnosing and treating head injuries. Physical therapists are good at knees, shoulders, etc, but head injuries require specialized care and treatment that is generally done by neuropsychologists, or neurologists in combination with your physical therapist.
Insurance companies want to see competent medical professionals assessing your physical injuries after your Provo/Orem motorcycle collision. It makes a difference to the insurance adjuster when a medical doctor, specializing in head injuries, and a neurologist diagnoses your motorcycle head injury, rather than a chiropractic physician.
(2). Motorcycle Passenger Claims.
Often motorcycle riders have passengers on board when the motorcycle accident occurs. These passengers can also be seriously hurt. When you are hurt as a passenger on a motorcycle, you will often have a claim against both the driver who hit your motorcycle that you were riding on, but also against the motorcycle driver. Often both the motorcycle driver and the offending car will share some percentages of fault.
What is Comparative Fault?
You can read more about the principles of comparative fault here.
Comparative fault is an injury law doctrine where the ultimate adjudicator of the facts will determine the percentages of fault attributed to each party involved in the Utah motorcycle accident. If the motorcycle accident involved having the motorcycle being rear-ended, it is highly unlikely that the jury would attribute any fault to the stopped motorcycle driver. If the Utah motorcycle collision involved a passenger on the motorcycle, again, it is highly unlikely the motorcycle passenger did anything wrong and the jury would not attribute any percentages of fault to the motorcycle passenger. If the motorcycle passenger was found to be intentionally tipping back and forth while riding on the back, further increasing the chance of a wreck, the jury could well apportion fault to the passenger in this situation. An example is where a Utah motorcycle intersection collision that the motorcycle driver says he turned on a yellow light, but the oncoming car driver said the light was green for him as the car went through the intersection. Intersection collisions are ripe with comparative fault questions that the jury will ultimately decide who is at-fault and by how much. In Utah, if the party seeking compensation is more than 49 percent at-fault—they recover nothing.
Motorcycle Accident Arbitration?
When the husband injures the wife in a motorcycle accident, sometimes you can use arbitration proceedings to resolve the insurance claim without having to go to court and air the family’s problems. This way, the wife is not forced to sue the husband in open court for injuries sustained in the Provo/Orem motorcycle collision. You can read more about the many types of Utah arbitration here.
(3). Utah Personal Injury Protection Benefits Issues.
Utah motorcycles are not required to have Personal Injury Protection benefits attached to Utah-issued motorcycle liability polices of insurance. Motorcycle accidents, by their nature, tend to be more devastating than car accidents. You should have at least $10,000 in PIP benefits if you ride a motorcycle.
What are Personal Injury Protection Benefits?
Provo/Orem motorcycle accident attorneys will need to immediately see if you property waived your PIP benefits, or whether there are other PIP benefits to trigger. PIP benefits include medical pay benefits, funeral benefits, lost wages and household services, to name a few.
You can read a whole lot more about Personal Injury Protection Benefits HERE.
For example: You are a passenger in a Provo/Orem motorcycle accident. The motorcycle driver declined PIP benefits for the insurance policy covering the motorcycle in question, but you as the passenger have a Utah car insurance policy. Since you have a Utah car insurance policy, you can trigger your PIP benefits attached to your car’s auto insurance to help pay for your medical bills and lost wages. If the motorcycle did have PIP benefits, you can try to stack your car’s PIP benefits after you exhaust the motorcycle’s PIP benefits. Stacking of PIP benefits are insurance benefits that a good Provo/Orem motorcycle accident will be able to understand for your benefit.
(4). Motorcycle Underinsured Coverage Issues.
Underinsured coverage must be specifically waived in writing. Utah courts will strike improperly waived underinsured motorist coverage when not adequately waived. There are published Utah Court of Appeals cases where waivers were defect and a good personal injury attorney realized it and brought the matter to the court’s attention. Therefore, triggering additional insurance coverage for their client’s injuries.
What is Utah Underinsured Motorist Coverage?
Underinsured motorist coverage is where the person who hit you in your Provo/Orem motorcycle accident did not have enough liability insurance coverage to cover all your injuries. When this occurs, you ask your own motorcycle underinsured motorist coverage to pay for your motorcycle accident injuries.
Just like PIP stacking, your Provo/Orem motorcycle accident lawyers will always be looking to trigger additional insurance policies to help pay for your injuries when the at-fault person’s insurance was inadequate.
Utah Motorcycle Resources:
(1). Utah Traffic Code. This is located at Utah Code Ann 41-6A-101. The Utah Traffic Code helps judges, juries and the attorneys determine who is at-fault for your Provo/Orem motorcycle accident. The Utah Traffic Code is extensive.
(2). Utah PIP Statutes. See Utah Code Ann. 31A-22-306-309.
(3). Provo Police Department
8 S. 300 W., Provo, UT 84601
Phone: (801) 852-6210
(4). Orem Police Department
95 Center St., Orem, UT 84057
Phone: (801) 229-7070
(5). Utah Valley Hospital
Address: 1034 N. 500 W., Provo, UT 84604
Phone: (801) 357-7850
(6). Timpanogos Hospital
750 W. 800 N., Orem, UT 84057
Hours: Open today · Open 24 hours · See more hours
Phone: (801) 714-6000
(7). Utah Highway Patrol—Orem District
763 N. 1370 W., Orem, UT 84057
Phone: (801) 234-8285
(8). Provo City Justice Court
75 E. 1700 S., #100, Provo, UT 84606
Phone: (801) 852-6878
(9). Orem City Justice Court
97 Center St., Orem, UT 84057
Phone: (801) 724-3900
(10). Utah County Justice Court
151 S. University Ave., #3300, Provo, UT 84601
Phone: (801) 851-7200
(11). Utah Department of Public Safety
Motorcycle Operator Manual 2017
Good information on safe motorcycle driving habits and Utah motorcycle laws.
(12). Utah Online Driving Record Requests
Having your driving record handy for your Provo/Orem motorcycle injury lawyer is helpful. Your Provo/Orem motorcycle attorney should also be running the at-fault driver’s criminal and driving record.