Motorcyclists, like all road users, have rights. While shared responsibility is ideal, reality shows a concerning disregard for motorcycle safety.
Motorcycle accidents are different. It’s not just a phrase; it’s a harsh reality. Motorcycles offer little protection compared to cars. This often translates to serious injuries when an accident occurs. But it’s not just the accidents themselves that are different; the legal process for motorcycle accident lawsuits also has its own unique challenges and considerations.
Severity of Injuries
Motorcycle accidents result in far more severe injuries and fatalities compared to car accidents. Motorcyclists lack the protective shell that car occupants have, exposing them to direct impact with other vehicles, road surfaces or obstacles. This often results in:
- Traumatic brain injuries
- Spinal cord damage
- Multiple fractures
- Severe road rash and burns
- Internal injuries
The extensive nature of these injuries can mean higher medical bills, longer recovery times and extensive significant impacts on the survivors’ lives. This translates to potentially larger compensation claims, which insurance companies may fight harder to reduce. Calculating damages in these cases often requires the long-term consequences of injuries.
For example, a traumatic brain injury might require lifelong care and significantly alter a person’s cognitive abilities and personality. A spinal cord injury could cause paralysis, necessitating home modifications, specialized equipment and ongoing personal care. These complex scenarios require a thorough analysis to help ensure all current and future costs are accounted for in the lawsuit.
Bias against motorcyclists
Unfortunately, there’s often an unfair bias against motorcyclists that can affect their lawsuits. Some people, including potential jurors, may hold preconceived notions that motorcyclists are reckless or irresponsible. This bias can make it harder for motorcyclists to prove that they were not at fault and get fair compensation after an accident. Overcoming this bias requires presenting a clear, fact-based argument that demonstrates the motorcyclist’s responsible behavior and the other party’s negligence.
Insurance coverage challenges
Many standard auto insurance policies have lower limits or even exclusions for motorcycle accidents. This can make it more challenging to secure adequate compensation, especially in cases of severe injury. It helps to have a legal knowledge of how insurance policies work and how to negotiate them.
Motorcycle accident lawsuits undoubtedly present unique challenges that an accident survivor may struggle to manage alone. As such, motorcycle accident survivors can benefit from legal guidance to advocate for their rights and provide necessary support.