Motorcycle accidents and other personal injury claims share similarities, especially those arising from car crashes. They can result in both injuries and significant property losses. They can also be grounds for filing a case against the alleged at-fault party to recover compensation for being injured in the said accident. However, despite those similarities, motorcycle accidents and personal injury claims are different in several ways.
So, keep reading this article to learn how motorcycle accidents differ from other personal injury claims.
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1. The Injuries Involved In Motorcycle Accidents Are More Severe
Generally, the costs of injuries associated with motorcycle accidents are much higher than those arising from other types of accidents. Since motorcycle riders don’t have the protective features of an enclosed vehicle, including seatbelts, airbags, and steel frames, they’re more likely to suffer severe injuries like traumatic head injury, spinal cord injury, and broken bones.
That being said, the stakes are much higher when you get involved in a motorcycle accident. Depending on the extent and severity of the injury, you might have to stop working to give yourself time to heal.
Unfortunately, you and your family will more likely incur huge financial expenses to ensure recovery. This is where filing a motorcycle accident claim against the at-fault party comes into play. This claim is designed to seek the right amount of compensation for the injuries you’ve sustained due to someone else’s negligent behavior. As such, you might need a knowledgeable attorney to help you handle it. Given the presumption that injuries associated with motorcycle accidents are more catastrophic than other accidents, your lawyer might have to work harder to prove the connection between the accident and the injuries you’ve suffered.
2. Fault Determination In Motorcycle Accidents Vary Depending On Your State
The manner of determining fault for a motorcycle accident may depend on whether you’re living in a no-fault or at-fault state. For instance, if you’ve had an accident in a no-fault state, your personal insurance will cover the losses, regardless of who is at fault. On the other hand, if you’re involved in a motorcycle accident in an at-fault state, the at-fault party’s insurance will be held liable for the damages you’ve sustained. Also, if it’s found that you’re partially responsible for the accident, you may be unable to recover damages for the injuries.
On the other hand, other personal injury cases don’t adhere to specific fault considerations as discussed above. For example, most injury cases arising from medical negligence hold the at-fault party fully liable for the injured victim’s losses as long as all the elements of medical malpractice are proven.
3. Insurance Companies Are More Likely To Deny Or Diminish Claims Filed By Motorcyclists
Injury cases arising from motorcycle accidents can be more complicated than other types of claims. Insurance companies tend to carry out some tactics that would diminish or reject the claims filed by motorcyclists.
Aside from higher injury costs associated with motorcycle accidents, insurance adjusters are also aware of the public’s stereotype and prejudice of motorcycle bikers as hot-tempered and reckless individuals. This makes it much easier for them to force or pressure victims to accept a lower settlement for their insurance claims.
4. Motorcycle Accidents Can Be Worth Thousands Of Money In A Personal Injury Case
Unlike other types of injury cases, motorcycle accidents can be worth thousands of money in damages. Apart from filing a claim against the at-fault driver for the injuries you’ve sustained, you may also seek legal action against the bike maker, the distributor of the motorcycle part, or the person who repaired it.
Motorcycle accidents also happen due to manufacturing and repair defects in some cases. In this case, you can pursue a product liability case if a manufacturing or repair defect is proven to have contributed to the accident. This is one reason why motorcycle accidents are different from other injury claims.
Final Thoughts
Dealing with a motorcycle accident can be complicated and confusing. Without proper knowledge about these cases, you can’t get the compensation you deserve for being injured. Although you don’t always need to hire an attorney for your case, it’s highly advisable to have one on your side to navigate the complexity of motorcycle accident claims.
By keeping the information mentioned above in mind, you’ll understand that the difference between motorcycle accidents from other personal injury cases warrants the assistance of a legal professional to obtain a more favorable outcome. They specialize in personal injury laws, so they know precisely how to handle the differences and use them to your advantage.
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