Motorcycle Accidents vs. Car Accidents: Why These Claims Are Different
At first glance, a motorcycle accident and a car accident may seem similar because both can involve another driver’s negligence, insurance companies, medical bills, property damage, and fault. However, the circumstances in motorcycle accident claims often differ significantly from those in a typical car accident. Because motorcyclists have less physical protection than people inside passenger vehicles, their injuries can be much more serious. Keep reading to learn why claims differ between motorcycle accidents and car accidents.
Motorcyclists Have Less Protection
A clear difference between a motorcycle and a passenger car is the level of protection offered to the rider. The person in a car enjoys the benefits of the vehicle’s structure, the seat belts, the airbags and all the other safety devices. In contrast, a motorcyclist has no physical barriers separating them from the road, another vehicle, or an object involved in a collision. It is for this reason that motorcycle accidents can result in serious injuries even if the motorcycle itself seems to have only minor damage.
Injuries May Be More Severe
Motorcycle accidents can lead to a variety of injuries such as broken bones, road rash, spinal injuries, traumatic brain injuries, and other serious or permanent injuries. It can be difficult to assess the long-term effects of an injury right after the accident. In some cases, extensive treatment, rehabilitation, or time off work will be necessary. Because of this, it may be necessary to do more than just total up the initial medical bills in order to fully understand the damages suffered by an injured motorcyclist.
Fault Can Be More Complicated
Establishing fault is important in any personal injury claim. In a motorcycle accident, investigators generally have to examine the circumstances leading up to the collision in great detail. For instance, investigators may need to consider visibility, lane position, traffic conditions, road conditions, speed, weather, and each driver’s actions right up to the moment of the crash. Photographs, traffic-camera footage, witness statements, vehicle damage, motorcycle damage, and accident reports can all help clarify what occurred.
Motorcycle Accident Claims Can Involve Bias
Motorcyclists are sometimes assumed to have been driving carelessly just because they were on a motorcycle, which is why evidence matters. When making a motorcycle accident claim, it should be based on what the evidence indicates rather than assumptions about the type of vehicle involved. Determining the facts of the collision can help separate what actually happened from speculation about the rider.
Insurance Issues May Be Different
Motorcycle accident cases can also become more complicated. Available coverage depends on the policies owned by the motorcyclist and the other drivers involved in the collision, the circumstances of the accident, and the relevant state law. Issues might also arise concerning uninsured or underinsured motorist coverage, medical payments coverage, or other relevant policies. Because insurance policies and laws differ by location, an injured motorcyclist should not assume the first settlement offer reflects the full value of the claim.
Property Damage Is Only One Part of the Claim
After a motorcycle accident, it’s natural to focus on repairing or replacing the motorcycle. Yet property damage is only one possible element of a personal injury claim; in some cases, damages can also cover medical bills, lost income, future medical treatment, rehabilitation, and other accident-related losses. The effects of an injury can go well beyond the first emergency room visit or the initial motorcycle repair estimate.
Evidence Can Make a Difference
Evidence matters most when there is a dispute about the circumstances surrounding a motorcycle accident. Photographs of the scene and vehicles, along with medical records, witness statements, video recordings, and other documents, can help show what happened and how the accident affected the injured person. Moreover, getting the right medical care after an accident matters because some injuries may not be apparent at first, and medical records can document treatment and recovery.
Every Motorcycle Accident Is Different
No single formula determines the value or outcome of a motorcycle accident claim. The circumstances of the crash, injuries sustained, available insurance coverage, evidence, and applicable laws can all affect your claim. While motorcycle and car accident claims share similarities, key differences can significantly affect how a claim proceeds.
If you or a loved one has been injured in a motorcycle accident, understanding your rights and the factors that may affect your claim can be an important first step. An experienced personal injury attorney can help you understand your legal options and guide you through the claims process.
The Law Offices of Reginald Keith Davis understands the unique concerns motorcyclists may face after an accident. We are here to help you navigate each step of the process and pursue the compensation available for your injuries and losses.
Contact us today for a confidential consultation.
Website: kcklawyer.com
Phone: (913)299-8790