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Three Common Issues in Motorcycle Accident and Injury Cases

Legally Reviewed and Edited by: Terry Cochran

Motorcycle accidents can result in devastating injuries and often lead to lengthy recovery times or even permanent disabilities. Medical treatment expenses continue to mount injuries over the long term as an injured rider heals, with the potential for future costs to skyrocket.

As a result, defining fair compensation parameters for injuries over the long term is often a challenge in motorcycle accident and injury cases.

The common issues surrounding this type of case, as opposed to car accident cases, also muddy the water. Together, these complexities can make winning your case more difficult. A confident motorcycle attorney can help you prepare a successful claim.

During a motorcycle accident and injury case, the three most commonly faced issues are complex injuries, jury bias, and appearance factors.

Existence of Complex Injuries

While injuries sustained in a passenger vehicle accident can be serious, those that occur while riding a motorcycle can potentially be more severe. Less protection exposes the rider to additional elements and hazards, often leading to more complex injuries or death, particularly if there was a larger vehicle involved.

Spinal cord injuries, head injuries, neck injuries, and brain injuries are among the most common motorcycle injuries. To receive the compensation needed, your lawyer will need to make and defend complicated calculations.

In Michigan, your insurance company’s coverage determines the amount you receive. However, if there are grounds for personal injury claims, a personal injury attorney will work to get you fair compensation above and beyond that limited amount.

Bias of the Jury

Bias of the Jury

Bias is a prejudice in favor of or against something, either a thing, person or group. Usually, bias results in an unfair judgment.

Jury members often enter their role with preconceived biases, including their beliefs about motorcycles and their riders. These preconceived notions often result from what they’ve seen or encountered.

Movies, television shows, internet videos, and photographs often portray motorcycles and motorcycle riders negatively. These negative portrayals can create biases in others, even though many motorcycle riders do not match their negative stereotypes.

A person’s previous encounters with motorcyclists on the road can also result in bias. If a motorcyclist cut off the juror, they didn’t see one when changing lanes, or witnessed some unsafe behavior by a rider, their perception of all riders may be affected.

Regardless of where the bias originates, it might impact their judgment as jury members.

An experienced motorcycle accident lawyer understands these biases and knows how to address them at trial.

Appearance Factors

Appearances can be deceiving, and can also be a significant issue in motorcycle accident cases. How does the injured driver look? Is the motorcycle involved built for racing? Are there video clips of the accident, or previous ones showing any irresponsible behavior while riding like making a sudden left turn in front of a car? All these can adversely impact a case.

Insurance companies look closely at these images, as do jury members. With the popularity increase of dashcams, video evidence is increasingly common and can significantly damage your case. They may also provide irrefutable proof at times.

Contact an Experienced Motorcycle Accident Attorney for the Best Results

If you or your loved ones were in a motorcycle accident where serious injuries occurred, the attorneys at Cochran, Kroll & Associates, P.C. have the experience to win your case. Led by senior partner Eileen Kroll, a registered nurse and trial attorney, our team understands the factors involved and the type of injuries sustained in a motorcycle accident.

Call us today at 866-MICH-LAW to schedule your free consultation.

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.

Emily is a writer and legal professional with experience as a law firm paralegal and non-profit legal administrator. Prior to her legal career, Emily earned her Bachelor's Degree in International Affairs and worked with a government consulting group out of Washington, D.C. Today she splits her time between the Florida coast and the North Carolina mountains.



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