Legal Challenges Faced by Motorcycle Accident Victims
A serious motorcycle injury accident can change your life in the blink of an eye. The physical, emotional, and financial fallout from such an incident may plague you long into the future. If your motorcycle accident was caused by another individual’s or organization’s negligent or careless actions, you can pursue restitution for your losses.
That said, motorcycle accident victims face a number of unique challenges in successfully resolving insurance claims and lawsuits. The experienced motorcycle accident lawyers at Johnson Attorneys Group are the advocates you need throughout the legal claims process. Our legal team is adept at overcoming the specific obstacles and complex issues associated with motorcycle accident litigation on behalf of our clients.
We believe that California motorcycle accident victims deserve just and full compensation for their pain and suffering. Get the help you need today by calling Johnson Attorneys Group at 1 (800) 208-3583 or fill out our online contact form for a free and confidential case review.
Potential Legal Challenges in Motorcycle Accident Claims and Lawsuits
Motorcycle accidents are often different from car crashes, both in cause and severity of the losses sustained. What’s more, motorcyclists may face challenges to their credibility as well as other issues that are of less concern in other kinds of personal injury accidents.
Public bias against motorcyclists
Proving fault and negligence after a motorcycle accident is a key step in gaining fair compensation for what happened. Unfortunately, in some instances, accident victims face a cultural bias portraying motorcycle riders as reckless or irresponsible. It is not uncommon for such perceptions to unjustly impact a valid claim.
Even when the evidence is clearly laid out, you may need to go to added lengths to win your case. Many people – including insurance adjusters, law enforcement officers, and even the general public – tend to assume that motorcyclists take unnecessary risks.
Additionally, many jurors have never ridden a motorcycle themselves. Believing that motorcycles are more dangerous than cars, they may side with the negligent driver in spite of a sound argument in your favor.
An experienced motorcycle accident lawyer can help you counteract these assumptions and ensure that you are not taken advantage of by the other party.
Complex liability issues in motorcycle accident cases
Unlike automobile accidents, where liability is often determined based solely on driver negligence, motorcycle accidents can involve additional factors that disproportionately affect riders.
Poorly maintained roads, loose gravel, and debris can be minor inconveniences for passenger vehicles but significant hazards for motorcyclists. Simply hitting a small pothole wrong can result in a severe or even catastrophic motorcycle crash. In some cases, municipalities or other entities responsible for road maintenance may be held liable for failing to keep roadways safe for all motorists.
In car accidents, passenger vehicles have extensive safety features, including seat belts, airbags, and roll bars to protect the occupants. Due to the lack of protection, motorcycle accidents more often result in severe or fatal injuries to the rider or passengers. The long-term consequences of such injuries often lead to complex settlement negotiations.
Insurance company tactics in motorcycle accident claims
As stated, motorcycle accidents tend to lead to more severe injuries than car crashes due to the exposed position of the rider. Such serious injuries increase medical costs, result in longer recovery periods, and raise the stakes in legal claims for restitution.
Oftentimes, an injured motorcyclist is eligible for a larger insurance settlement or court judgment for his or her pain and suffering. Knowing this, many insurance companies will aggressively pressure motorcycle accident victims into accepting a low-ball settlement that will not sufficiently meet their long-term financial needs. The insurer’s goal is to close the claim before you understand the overall impact your injuries will have on your quality of life.
In some instances, insurance companies may delay the claims process to pressure accident victims to settle for less. Insurance companies are big businesses – always focusing on their own bottom line.
The insurance company may stall investigations, request extensive documentation, or repeatedly shift the claim between different adjusters. Such tactics are designed to wear you down so that you accept a lower settlement offer just to get on with your life.
Insurers may also attempt to devalue your claim through medical disputes. Adjusters may argue that a rider’s injuries are not as severe as claimed or that they were pre-existing conditions rather than caused by the accident.
Motorcycle accident claims can result in high-value settlements. It is inadvisable to negotiate with the insurance company on your own. A knowledgeable motorcycle accident lawyer can go to bat for you. He or she will ensure all avenues for fair restitution are pursued and that you are not pressured into a hasty or inadequate compensation agreement.
Product liability claims in motorcycle cases
If a motorcycle defect causes your accident, you may be able to hold the manufacturer, distributor, or others accountable through a product liability claim. Such defects may be flaws in the design, manufacturing, or components of a motorcycle that pose safety risks or otherwise compromise the bike.
Common motorcycle defects seen in product liability claims include:
- Engine defects
- Brake malfunctions
- Tire defects
- Electrical system defects
Additionally, you may have a claim if the manufacturer, distributor, or seller fails to warn or give adequate instructions about the proper use of the motorcycle and any potential risks associated with its use.
Product liability claims are rarely straightforward. A well-practiced personal injury lawyer can help establish the facts of your case and guide you through each step of the claims process.
Protect Your Rights With the Help of Johnson Attorneys Group
After a devastating motorcycle accident, you may be facing a lengthy recovery as well as a legal battle. Such situations can bring untold worry and stress. This is no time to go it alone.
The motorcycle accident lawyers at Johnson Attorneys Group are ready to help you during this difficult period. We understand that motorcycle accident claims are not just another type of personal injury claim – they require an in-depth understanding of the risks motorcyclists face and the unique challenges in proving liability.
Our legal team has extensive experience in helping motorcycle accident victims get the justice they deserve. We have a proven process for building robust motorcycle accident cases and recovering maximum compensation for our clients. What’s more, we work on a contingency fee basis – meaning you don’t owe us anything until we win your case.
Motorcycle accident victims have the same rights as anyone else. Seek the help you need to protect your rights. Call Johnson Attorneys Group at 1 (800) 208-3583 or fill out our online contact form for a free consultation. We want to hear your story.
