How a Motorcycle Accident Differs from a Car Crash
Legally Reviewed and Edited by: Terry Cochran
Personal injury claims following a motorcycle accident are surprisingly different from standard car crash cases. Although drivers and motorcyclists are held to the same rules and guidelines when on the road, cases will be viewed and held differently. Everything from filing the claim and initial discussions about the payout to possible trials in court could become more difficult compared to a standard case, just because you drive a motorcycle.
Having an experienced auto accident lawyer who specializes in incidents with motorcycles is an absolutely vital resource to accompany you through the process of building a strong case. Even though it is technically possible to represent yourself during the claims process or in a court of law, it is not advisable. The smallest mistakes could be fatal to your case, leaving you injured and financially unable to care for yourself.
More severe injuries, resulting in a need for a higher settlement amount
Motorcycle injuries end in life-threatening situations more often, compared to other modes of transportation. If the motorcyclist does survive the crash, they are more likely to have lasting health complications directly resulting from the accident.
Common injuries include:
- Road rash, which can actually be more painful than multiple fractures
- Spinal cord injuries
- Severe fractures
- Lost limbs
- Traumatic brain injuries
Depending on the severity and type of injury, your injuries may not be immediately visible to the standard passerby. Many injuries involved with motorcycle crashes end with invisible injuries, like traumatic brain trauma, that could leave your body and mind in a negative condition for the rest of your life.
The top personal injury lawyers in your area will realize the grave danger involved in motorcycle accidents and can incorporate different persuasive techniques to bump the settlement to an amount you deserve.
Widespread prejudices against motorcyclists
In the American court system, your case will be presented to a jury, and they will ultimately have the final decision when it comes to your settlement. Sadly, many jurors have unfair prejudices against motorcycles and their riders, which can negatively affect their final decisions.
Common prejudices include that all motorcyclists are reckless and cause more accidents than standard drivers. Another misconception is that drivers are just reckless when driving fast, but those familiar with motorcycles know that speed is necessary for stability and control of the motorcycle.
An experienced motorcycle accident attorney can work to overturn the jury’s harmful opinions by educating them, resulting in a more favorable decision at the end of the hearings. Since jurors may be unfamiliar with motorcycles, they will have an extremely hard time identifying with the motorcyclist since they have no common experiences. This leads them to take the driver’s side since have probably driven a car and know how the car works and how accidents can be avoided. However, a deeper understanding of motorcycles and how they operate could change this and leave jurors sympathizing with the motorcyclist.
In the case of a public hearing, your attorney will also provide information about your driving techniques on the motorcycle and convince the jury that you did everything in your power to keep yourself, and surrounding drivers safe. This is necessary for facilitating sympathy on your behalf – if the jury believes the accident is your fault and you did nothing to try to avoid it, they will not be motivated to give you a good settlement!
I was involved in a motorcycle accident – what should I do now?
If you or a loved one was involved in an automobile crash with a motorcycle, contact Cochran, Kroll, & Associates, P.C. immediately on 866-MICH-LAW. Within our team of experienced auto accident lawyers, we have many motorcycle accident attorneys ready to fight for you. We offer all new clients a free consultation, during which you will receive valuable information regarding your case and how we can help.
After your free consultation, start to collect all definite evidence you have regarding the crash. This includes pictures, videos, and witness statements you were able to collect the day of the crash. Concrete evidence can help you and your lawyer build a successful claim while having the necessary means to participate in a court trial at a later point, should that be necessary.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.