There’s much confusion and fear when you’re faced with a motorcycle accident, especially if you don’t already have a trusted lawyer you know you can call. An experienced motorcycle accident and injury lawyer will help you file a proper motorcycle wreck injury claim so you can get proper compensation, medical treatment, as well as bike repair and gear replacement.
It’s important to note what the differences are between filing a claim for motorcycle wrecks vs. car wrecks, and why it’s important you should have a motorcycle injury and accident attorney.
How are Motorcycle Accidents Different from Car Accidents?
In many ways, motorcycle accidents are more complicated than car crashes.
To begin with, there are very different injury and fatality rates between motorcycle wrecks and car wrecks due to the nature of the vehicles. Being thrown from a motorcycle is much more likely, as there are no seat belts or shoulder harnesses. This means that if there’s a motorcycle accident, there’s normally an injury, so injury claims are normally expected along with motorcycle accident claims at a higher percentage than expected with car wrecks.
Since motorcycles are smaller, less visible, and involve more defensive driving than your typical car, biking is considered high-risk driving.
Thus, making sure you understand the ramifications of an accident and how filing a claim specifically for a motorcycle is something to do well before it ever becomes an issue.
Who to Contact First in a Motorcycle Accident
When you’ve been in a motorcycle accident, the last thing you want to do is scramble to find legal representation. You’ll be stressed, pressed for time, and – in some cases – injured and not in the best place to make these kinds of decisions.
This is why the first person you contact should be a legal firm who has your best interests in mind. Ideally, this is a motorcycle accident attorney who you already have a relationship with, so there’s no question you have the right person or team for the job. They will collect all the information needed to build your case as strongly as possible, they will work with you step-by-step to stand up to your insurance company if they try to underpay you, and they’ll refer you to trusted medical professionals who will take care of you and even defer payment for your treatment.
Ultimately, a motorcycle accident attorney will be vested in getting you the results you need from the moment an accident happens – so make sure they know about the situation first.
6 Differences in Filing a Claim for Motorcycle Wrecks.
When you and your legal team go to file a claim for motorcycle wrecks, here’s what you’ll face differently than you would for a car wreck:
1. Bias against motorcycle riders: Judges, jurors, and insurance companies have had historically unfavorable attitudes toward motorcycle riders in crashes. And while it’s unfair to think every biker irresponsible, the stereotype of outlaws, gang members, and bikers disrupting normal traffic is an unfortunate reality. Thus, it can be harder for a plaintiff to get a proper outcome on their injury accident claim.
2. Insurance Company Denial Risk: Regardless of your vehicle type, insurance companies will generally start with lowball offers to settle as soon as possible. However, with motorcycle accidents, they can use the biases against biking to offer far lower offers and leverage legal loopholes if you don’t have proper representation to counter these tactics.
3. Compliance Enforcement: Due to the higher risk involved in motorcycle riding, it is much harder for motorcyclists to prove that they were not at fault for an accident. In turn, this makes it easier to pin the fault on you if you don’t have proper representation.
4. Negligence: Similar to adhering to state safety compliance laws to prevent being at fault, a motorcycle rider must also prove they were not guilty of any negligence. This evidence is often much more stringently examined than in a car accident. Ultimately, this means the collection and presentation of these things should be done through professional experts.
5. Road Condition Considerations: Often, it will not be another driver at fault for a motorcycle accident, but poor road conditions. This is amplified because roads are often designed with cars in mind, meaning small issues such as potholes or poor visibility can be significantly more dangerous to motorcyclists. At that point, a government entity is accountable for the crash, meaning a claim would be filed against them instead. However, these are very challenging to file without an experienced motorcycle accident attorney taking your case.
6. Manufacturer or Gear Defects: Just like road conditions, manufacturing, repair, or gear defects can be the cause of an accident. However, many riders are not aware of this and are eager to repair their bike and gear immediately after a crash. In doing so, they might accidentally negate the ability to prove fault from these defects. This is why we always recommend speaking with your motorcycle accident attorney first before making any other decisions regarding your crash.
Due to these differences as well as the complicated nature of motorcycle accident law, you should have a strong motorcycle injury lawyer lined up as soon as possible. Don’t wait until it’s too late and settle for worse representation – it could mean a difference of thousands of dollars and loss of necessary medical treatment.
Get the Best Motorcycle Legal Representation with Law Tigers
At Law Tigers, we have decades of experience helping motorcyclists file legal claims for accidents. Many of us are riders just like you, and we protect our own in any way we can. Ride stress-free knowing you’ve got the right team behind you.
If you’ve been in a motorcycle accident or want to protect yourself from any in the future, now is the time to join team Law Tigers. Reach out to us for a free consultation today.