Accidents are an unfortunate circumstance no matter the vehicle you are driving. Car accidents and motorcycle Accidents have very different implications on the victims, and as such, are handled very differently in terms of compensation for injuries. There are major prejudices that follow a motorcycle crash and an injury attorney can help you overcome these hurdles.
The following are key differences between a motorcycle crash and car collision:
How Are Motorcycle Accidents and Car Accidents Different?
1. Unfair Prejudices Against Bike Riders
As previously stated, many people assume that a bike rider is automatically at fault immediately after an accident. This is because a few bike riders have engaged in reckless driving tactics that have made people develop negative stereotypes about bike riders. Despite a motorcyclist being careful on the road and wearing protective gear while driving, they are labelled daredevils because of the actions of a few.
When a personal injury case involves a bike rider, these prejudices often color the judgement of the jurors who are likely to apply them during deliberations. You will need an experienced lawyer during such a case to expose and eliminate biased jurors during jury selection and show the court that you are a safe motorcyclist.
2. People Involved in the Case Often Have Little Understanding of Motorcycles
People that know how to operate a motorcycle are often the minority, which means that the majority will not understand because they have no experience. Having no experience means that neither the judge nor the jurors understand how a bike rider should react to certain situations on the road. An example would be when a rider needs to add speed to stabilize the bike, which might be interpreted as reckless driving.
Your lawyer should explain some basic motorcycle driving practices so that they can understand why you made the decisions you did. This can help sway the judge and jurors to see things your way.
3. Motorcyclists Get More Severe Injuries in Accidents
Not to minimize the gravity of car accident injuries, but motorcyclists are usually in more danger in a crash because they are exposed due to the openness of their vehicle. All that can protect a motorbike rider is their reactive maneuvers while driving and the protective gear they are wearing which reduces the risk of major injuries or in worst case scenarios, fatalities.
A common injury in motorcycle accidents is road rash, which has been described as more painful than fractures or broken bones. If your attorney is knowledgeable about motorcycle injuries, they can help you get fair compensation during a personal injury claim that will help you with current medical bills and future rehabilitation from injuries like road rash.
4. Underhanded Tactics from Insurance Companies
Even if a motorcyclist is insured, the insurance companies know that in case of an accident, the payout might be high. The same bias that the court system has will unfortunately also exist at the insurance process level, too. They will try to exploit these biases and use them to make sure that they pay the victim as little as they possibly can, which is unfair.
An insurance company will use the fact that you are partially at fault as an excuse not to pay you your dues. That’s why you shouldn’t be talking to insurance companies without having legal representation present–because they can use anything you say against you and deny your claim.
Why You Need a Motorcycle Accident Lawyer
A lawyer who understands the biases towards bike riders can be an asset when trying to get compensation after an accident because they understand the obstacles you might face during the process and they can come up with brilliant strategies that will ensure you win your case.