Motorcycle and Car Accidents Are Two of the Most Common Personal Injury Claims
What Makes Motorcycle Accident Lawsuits Different Than Car Accident Lawsuits?
No matter what vehicle you’re driving, getting into a car accident can be both dangerous and scary. There are many potential injuries involved in accidents, and they can keep you from getting back to work or returning to a normal life. Recovering from an injury and dealing with insurance claims and medical expenses can be a huge task for just one person to take on.
Motorcycle accidents and car accidents follow a similar structure and their cases are generally handled in pretty similar ways. However, there are three key differences that set these two types of accidents apart. Unfortunately, these types of cases are different because of a bias that exists against motorcyclists. Second, the common jury also doesn’t know much about motorcycle accidents, so these cases can be harder to win. Third, motorcycle accidents often result in more severe injuries, leading to higher medical bills, and more money to fight for in court.
The Bias Against Motorcyclists
Like many groups, motorcyclists are stigmatized because of the actions of a few. In court, motorcyclists are often looked at as reckless. This can be a huge problem, especially if they’re not at-fault for their accident. This bias can make the jury or the judge think the motorcyclist was being reckless in their accident, when they actually weren’t.
An experienced attorney will be able to help navigate this situation and if the bias is to show itself in court, your attorney should be able to dismiss any claims of reckless driving. In this situation, an experienced lawyer should be able to expose any biases being shown by the court, and they should be able to prove that their defendant is not a reckless driver.
Having an Understanding of Motorcycle Accidents
Almost everyone drives a car. Not everyone drives a motorcycle. Because of this, the jury may not understand exactly how the accident happened. For example, when driving a motorcycle, speed creates stability. However, someone who’s unfamiliar with motorcycle mechanics may relate speeding to accidents and recklessness, when that might not actually be the case.
To fully understand the case and make a decision on who was at fault, the judge and jury must have a fundamental understanding of motorcycle mechanics. This is not always possible, so it’s important to have an attorney who can explain these mechanics to the jury. This explanation could help win your case.
Cars vs. Motorcycles: Severity of Injuries
Motorcyclists aren’t as protected as people who drive cars. A motorcycle accident can result in much more severe injuries, depending on the accident. If a motorcyclist is struck by a car, their injuries will likely be worse than those in a regular car accident. Motorcycle accidents can often result in severe or permanent injuries, which often result in higher compensation due to high medical bills.
An experienced attorney will be able to help you get the high compensation you deserve from your case. In this instance, severe injuries or injuries that are especially visible, can help in court. The jury is more susceptible to injuries that are clear and visible, simply because they can see just how bad they are in person.
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Who’s At Fault in a Motorcycle vs. Car Accident?
Determining fault in a motorcycle accident can be a little trickier than a car accident. This is because of a few reasons, but the bias against motorcyclists plays a huge part here. It can be harder to establish a motorcyclist as a victim (not at-fault) because the jury often sees them as reckless. This bias can lead to motorcyclists being wrongfully at-fault for their accidents. This can cause them to get less compensation than they deserve.
One study from the Sun Sentinel found that cars are often the cause of motorcycle accidents . The study also found that a large percentage of motorcycle accidents only involve one vehicle, the motorcycle. Determining fault in a car accident case is usually much more straightforward. While there is some investigation to do in both cases, car accident claims are generally easier to handle in court because there isn’t a bias against motor vehicle drivers.
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Insurance Company Tactics in Motor Vehicle Claims
Unfortunately, insurance companies are also aware of the biases that motorcyclists face. They’ll try to use these biases to their advantage to avoid paying out as much money for compensation. The insurance company may use this information to deny your claim or pay you way less than you deserve. If you’re partially at fault for your accident, they may use that information to deny your claim completely.
To insure you get the compensation you deserve, you’ll want to have an attorney on your team who is experienced in motorcycle accidents. That way they’ll be able to educate the jury on motorcycle mechanics and expose any biases the court or insurance companies may have against you.
If you’ve been injured in a motorcycle accident, contact one of our experienced motorcycle accident attorneys at Sand Law. Contact us online or at 651-291-7263 for more information.
Sand Law, LLC