Sunny days are perfect for riding. The wind rushing across your face. Many motorcyclists love the freedom and rush of zipping around on their bikes.
But when the worst happens, it can be overwhelming to navigate the legal and safety consequences. You may not be a legal expert, but there are a few things all riders need to know about motorcycle accidents, including the factors we’ll discuss that could affect your case.
A Quick Look at the Numbers
You can best handle your motorcycle accident case when you’re well-informed. These stats may help you have a better grasp of the issue:
- In 2022, 82,687 motorcycle injuries were reported in the US.
- Motorcyclists are four times more likely to be injured in an accident than individuals in a car.
- In a 2018 safety report, 64% of motorcycle accidents involving other vehicles were considered to be the fault of the other driver.
- The average settlement for a motorcycle accident case is $73,700 if it goes to trial with insurance claims, although it can vary.
Why Do Motorcycle Accident Cases Fail?
There are a lot of factors that can play into the outcome of cases involving motorcycle accidents. Here are just a few that you should be aware of:
Nature of Injuries
Because motorcyclists are less protected than vehicle drivers (even with proper safety gear), they often experience more severe injuries in collisions. More intense medical care means higher insurance payouts, something insurance companies love to avoid. Providers will often fight back harder when they are responsible for more compensation, making winning harder.
Severe injuries from motorcycle accidents also take longer to heal, and cases sometimes can’t be completed until the motorcyclist has received all necessary treatment, prolonging the case and making it more difficult to win in the end.
Insurance companies may also claim that necessary medical attention wasn’t sought soon enough or injuries are pre-existing conditions. Because of this, it’s important to get care as soon as possible after an accident, even if your injuries seem minor at first—they could worsen or you could discover new complications later.
To avoid problems with pre-existing conditions, don’t sign release forms from insurance companies without first talking to a trustworthy injury lawyer.
Cause of Accident
Winning a case has everything to do with the cause of the collision. For multi-vehicle motorcycle accidents, an individual must prove they weren’t responsible for the crash to receive compensation. Some states allow the fault to be divided between multiple people but the percentage of fault for each party must be a certain amount to qualify for a settlement.
Clearly establishing the facts and providing solid proof of the cause of the accident is crucial to getting a just outcome in a motorcycle accident case.
Failure to Signal
It can be tempting to dodge between, in, and out of lanes or make a quick turn without signaling, but these habits put bikers at a high risk of being involved in motorcycle accidents (not to mention traffic violations).
Failure to signal on the part of the motorcyclist can quickly place responsibility for the accident on their shoulders, so always follow safety guidelines and use blinkers properly.
Road Conditions
Because motorcycles are smaller and less stable than cars, they are more susceptible to poor road conditions. Inclement weather can lower visibility and control for bikers, making it a difficult time to ride. A lack of maintenance can also create unsafe road conditions for motorcyclists, including wet leaves, slick oil, uncleared debris, and poor signage or lane markings.
Determining liability for motorcycle accidents that occur due to inadequate road care can be challenging, and without a responsible party, receiving compensation is difficult.
Motorcycle Bias
Unfortunately, motorcycle bias is still alive and well in the legal industry. While we consciously know that most motorcyclists aren’t actually reckless show-offs with no regard for traffic laws, underlying biases can lead insurance companies, judges, and juries to rule against the motorcycle driver in unclear cases.
Working with a reliable injury law firm can help you create a strong case with the right evidence, decreasing the risk of unfair motorcycle bias and leading to a result based on the actual facts of the accident.
Secure Your Win with PMHP
At PMHP, we’re invested in you and your case—we want you to receive full and fair compensation for anything you may have lost in motorcycle accidents.
If you are seriously injured, are experiencing significant financial losses, or feel you’re being treated unfairly by insurance companies or the other drivers involved, it’s time to get in touch with PMHP. We’ll help you get the peace and compensation you deserve.