Motorcyclists are a unique breed among American motorists. However, they are faced with specific difficulties when being involved in accidents that other vehicle operators do not experience. Even the most minor accident can result in very serious injury, including both external and internal injuries. They are also often not even noticed by those driving a standard vehicle or truck, including oversize trucks and big-rigs. Indeed, the many advantages of riding a bike can become disadvantages when accidents occur.
Unraveling a motorcycle accident can be complicated when competing versions of events become part of the official accident record. It is common for multiple vehicles to be involved in a motorcycle crash, and drivers often do not agree with what transpired. Injured riders can also be denied any damages in 50-50 two-vehicle accidents in some states where modified comparative negligence law is in effect. It’s likely that in these kinds of accidents, each legal representative will always be attempting to deflect blame to the motorcyclist.
Stereotypes Still Matter
Motorcyclists are clearly stereotyped in American culture, and it has a way of being included in a motorcycle accident injury case. Insurance company defense lawyers make sure this happens, and even the safest of operators can still be accused of unsafe riding practices regardless of accident details. The actions of each driver in any accident case are always evaluated when comparative negligence is being determined, and claims of other drivers can hurt a case value when stereotypes are being applied as case fact.
Claims are Strongly Defended
Injury claims stemming from motorcycle accidents are typically high-value claims even when the injured rider is wearing significant protective clothing and is in compliance with all motorcycle regulations. Issues such as headlight and blinker maintenance can matter when accidents happen at night, as a common claim from an opposing driver is that they did not see the motorcycle before accident. All claims attorneys will hammer away at the comparative negligence component of an accident because it can help reduce or even deny a claim against their client.
Seriousness of Injury
Serious motorcycle accidents often result in permanent disability or fatalities. It is an established fact that death rates are highest in motorcycle accidents. Serious injuries always result in values for pain-and-suffering elements of a claim, which is also the part of a settlement that defending attorneys work hardest to avoid or reduce when they apply. Receiving a truly equitable settlement can be a challenge even in a valid claim where maximum damages are appropriate. Injured motorcyclists should never handle a claim personally, and they should always retain a motorcycle accident lawyer who is specifically experienced in representing motorcycle accident claims.
If you are a motorcyclist who was involved in an accident, odds are all other parties will try to blame you. You only have one chance at financial recovery, and it is best to maximize the settlement with solid representation who can assist in your case while you focus on healing.
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