Motorcycle riders have the same rights to the road as all other drivers. Sadly, in the event of a crash, motorcycle accidents often lead to more severe injuries and fatalities than car accidents.
What might be a minor collision between two passenger cars could easily become a catastrophic accident when a motorcycle is involved. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are nearly 24 times more likely to die in traffic crashes than passenger vehicle occupants.
Simply put, the long-term consequences of a motorcycle accident are oftentimes more severe than those of a car crash. What’s more, insurance companies and jurors sometimes have an unfair bias against motorcycle riders. Thus, the litigation process can vary significantly between motorcycle and car accidents.
Below, we will take a closer look into how motorcycle accidents differ from car accidents, as well as how a motorcycle accident lawyer can help bolster your claim.
How motorcycle accidents occur (versus car accidents) is often quite different. Many motorcycle crashes are caused by other drivers, not by the riders themselves. Further, road conditions that cause little problem for passenger car occupants can have brutal consequences for motorcycle riders.
Accidents involving motorcyclists are frequently caused by:
While a number of these factors also pose a risk to passenger vehicles, motorcycle riders tend to suffer greater trauma when an accident occurs.
Frequently seen causes of car accidents include:
Most car accidents are caused by driver error of one or more persons involved in the crash. When a motorcycle is involved in an accident, it is often found that other drivers fail to see the rider on the road. Failure to see a motorcycle can result in a driver cutting off, side-swiping, or rear-ending the rider.
Due to the lack of protection, motorcycle accidents more often result in severe or fatal injuries to the rider. In car accidents, passenger vehicles have extensive safety features, including seat belts, airbags, and roll bars to protect the occupants. A motorcycle rider is much more vulnerable to the hazards of the open road.
Injuries seen more frequently in motorcycle accidents than car accidents include:
Merely hitting a small pothole wrong can result in a motorcycle crash leading to catastrophic injuries. Even when the rider is wearing a helmet and other protective gear, this is by no means a guarantee against serious injuries. What’s more, motorcycle crashes frequently result in fatal injury to the rider’s passengers.
After a motorcycle accident, it is advisable to seek medical attention as soon as possible. Doing so may improve your long-term prognosis, as well as support your personal injury claim later on.
Operating a motorcycle requires a different skill set and additional training compared to driving a passenger vehicle. Additionally, the motorcycle’s small size, in comparison to most other vehicles, makes it more vulnerable to collisions with larger cars and trucks.
Particular challenges motorcycle riders face include:
Given these and other challenges you may face as a motorcyclist, a motorcycle accident attorney is the advocate you need when a traffic accident occurs. He or she can explain your legal rights and protect you from being taken advantage of by the other side.
As stated, motorcycle accidents tend to lead to more severe injuries than car crashes due to the exposed position of the rider. Such serious injuries increase medical costs, result in longer recovery periods, and raise the stakes in legal claims for compensation.
Oftentimes, an injured motorcyclist is eligible for a larger insurance settlement or court judgment for his or her pain and suffering. Knowing this, many insurance companies will aggressively pressure motorcycle accident victims into accepting a low-ball settlement that will not sufficiently meet their long-term financial needs. The insurer’s goal is to close the claim before you understand the overall impact your injuries will have on your quality of life.
After a serious motorcycle accident, you may be able to gain compensation for such things as:
Complex injury claims can result in high-value settlements. With that in mind, you need a qualified legal professional on your side.
A knowledgeable motorcycle accident lawyer can ensure that all avenues for fair restitution are pursued and that you are not pressured into a hasty or inadequate compensation agreement.
Proving fault and negligence can be more difficult in motorcycle accidents compared to car accidents. In some cases, this is due to a cultural bias that often portrays motorcycle riders as reckless or irresponsible. Unfortunately, such perceptions can unjustly influence a valid case.
Even when the facts are clear, you may need to go to additional lengths to win your case. Insurers will argue that you engaged in risky behavior, and many jurors have never ridden a motorcycle themselves. Believing that motorcycles are more dangerous than cars, they may side with the driver in spite of a sound argument in your favor.
Overcoming certain prejudices may require hiring a car accident reconstruction specialist or other industry professionals to highlight exactly what occurred. Photographs and video evidence from the scene of the accident, as well as eyewitness statements, can prove especially valuable in highly contested car and motorcycle accidents.
Additionally, if the injured motorcyclist was not wearing a helmet, motorcycle boots, and other protective clothing – or was engaged in lane splitting at the time of the accident – he or she could be viewed as partly responsible for the injuries sustained. That said, Arkansas law does not require riders to use certain protective gear, and helmets are not required for those 21 and over.
A well-practiced lawyer knows the laws pertaining to motorcyclists and will ensure they are not abused in your case.
Personal injury attorneys specializing in car and motorcycle accidents are well-versed in the unique challenges of such cases. They are especially capable of navigating the complexities of serious injury claims resulting from motorcycle crashes.
After an accident, your lawyer’s role is to protect your legal rights so you can focus on your treatment and recovery.
A motorcycle accident lawyer can assist you in a number of key ways:
Hiring a motorcycle accident attorney in the event of serious injury is in your best interest. A skilled lawyer understands that the causes of motorcycle accidents and motorcycle accident injuries can be significantly different from the average collision between passenger cars.
Taking all the facts and variables into account, your injury attorney will fight tirelessly for you to receive maximum compensation for what you have gone through.
Serious motorcycle accidents can leave you suffering physically, reeling emotionally, and broken financially. Under such stressful circumstances, attempting to navigate the insurance and legal system can be an aggravating and exhausting experience. This is no time to go it alone.
The motorcycle accident lawyers of Minton Law Firm can help you through this difficult period.
Our legal team well understands the particular challenges associated with motorcycle accident claims and is dedicated to fighting for the rights of injured riders.
We believe that every accident victim deserves strong legal representation and adjust our legal approach to the individual needs of each client.
As a former insurance adjuster himself, attorney Justin Minton knows the insurance industry through and through. If the insurance company denies your motorcycle claim, he is uniquely equipped to challenge their decision and has made sure his legal team members are also ready to handle any similar complications.
As an injured motorcyclist, please don’t hesitate to get the help you need and deserve. Call us today at 855-Xadjuster or complete our contact form to schedule a free case review. A member of our legal team is standing by to take your call.
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