Obvious similarities exist between motorcycle and vehicle accidents, including the struggles that inevitably arise with insurance companies. However, their respective claims following accidents contain significant differences.
The first difference relates to the fact that motorcycles are inherently more hazardous, which means a greater risk of severe injuries. According to the National Highway Traffic Safety Administration (NHTSA), it is five times more likely for motorcyclists to be injured in a crash compared to occupants of passenger cars. Not only that, but 98% of motorcyclists who are involved in an accident get injured; car accident injuries are around 20%.
In addition to the greater chance of injury and higher claim amounts, other unique aspects of motorcycle accidents include biases, including those held by insurance companies, against motorcyclists. Finally, many California laws governing motorcycle operation on the roads are quite different than those concerning cars.
The bottom line is that motorcycle accidents are tougher to handle on your own, period. Having an experienced motorcycle attorney on your side who can anticipate these and other complicating factors surrounding motorcycle accidents and claims can make the difference between an OK settlement and one that fully covers all your damages, including medical bills, current and future income, and pain and suffering.
Learn more about our Sacramento Motorcycle Accident Attorney Services.
Complicating Factors of Motorcycle Accidents
Lane Splitting – For vehicle drivers, seeing a motorcycle weave between lanes to position itself at the front of a line of cars stopped at a red light or in stop-and-go traffic on a freeway can be annoying. But it’s legal in California, and it’s called lane splitting. The issue is that while it’s legal, it’s inherently dangerous, and accidents involving lane splitting rarely go smoothly. Among the arguments that insurance companies and opposing drivers make is that recklessness on the part of the motorcyclist was a factor, even though it was a legal maneuver.
Road Hazards – For cars, debris, potholes, or just uneven or bumpy pavement aren’t issues, but they are for motorcycles. This means the city or entity responsible for road maintenance may put up more of a fight when they are being accused of negligence because a motorcyclist lost control and had an accident. Proving liability can get complicated, and having a strong, experienced motorcycle attorney well-versed in investigating motorcycle accidents in your corner is crucial to the outcome of your claim.
Disputed Fault and Comparative Negligence – Disputes over fault are more common in motorcycle accidents than in vehicle accidents. Again, vehicle drivers may claim that the motorcycle was speeding, weaving, or operating its bike unsafely in some other way that made it impossible for them to be seen. Insurance companies may cite comparative negligence to reduce your claim by finding you partially at fault. An experienced motorcycle attorney, especially one who utilizes accident reconstruction experts, can expertly establish the actual cause of the crash and counter comparative negligence claims with evidence.
Severe and Catastrophic Injuries – As mentioned earlier, motorcyclists are far more exposed to catastrophic injury than occupants of cars. Spinal cord and brain injuries, loss of limbs, permanent nerve damage from debilitating road rash are among the most common severe injuries in motorcycle accidents. These high-value claims often include complex medical evidence from multiple sources. Insurance companies are more likely to attack these claims, especially when future earning capacity or lifelong rehabilitation is part of the settlement. A skilled, aggressive motorcycle accident attorney will know precisely how to fight for full compensation that provides all the care you need.
Dealing with Commercial or Government Defendants – Motorcycle accidents involving a commercial vehicle (e.g., a delivery truck) or a government entity (e.g., a malfunctioning traffic light) can become complicated very quickly. More strict deadlines, special filing requirements, and teams of opposing counsel, not just one, are common.
Insurance Company Tactics – It wouldn’t be fair to say that all insurance company representatives use tactics such as stalling, lowballing, making quick offers, or automatically denying claims to keep payouts low. Still, one true thing is that Insurance adjusters are always looking out for their company’s bottom line. An experienced attorney knows these tactics. Your attorney will step in and handle all conversations, not just the complicated ones. They will negotiate aggressively and ensure deadlines are met.
Motorcycle Accident Attorneys: Free Consultation, No Fees Unless You Win
If you need advice or support regarding a claim or case, contact the motorcycle accident attorneys at Eason & Tambornini.
Call (916) 438-1819 today to schedule a free consultation. If we take your case, you will pay nothing unless and until you win a settlement.