Motorcycle accidents and car accidents share a lot in terms of injury law. However, there are certain significant characteristics that are unique to motorbikes that you should be aware of when determining liability in a motorcycle accident.
People who ride motorcycles face discrimination
One of the most challenging components of a motorcycle accident damage claim is the pervasive and widespread prejudice against motorcycles and their riders. Unfortunately, jurors frequently rule in favor of plaintiffs who ride motorbikes because of a long-standing bias against them.
Although not impossible, it can be challenging to overcome this bias during the trial, and insurance companies are frequently aware of this. Injured motorcycle riders sometimes receive lower settlement offers because insurance adjusters focus their proposals on what the plaintiff might win in court.
The burden of proof falls on the rider as a result, making many motorbike injury lawsuits more difficult than those involving cars.
Motorcycles Have an Inherent Risk
Additionally, compared to driving a car, riding a motorcycle has a higher amount of risk. Accidents involving bicycles frequently result in more severe and extensive injuries since they are smaller, lighter, and offer significantly less safety than cars. Due to their perception that the victim bears some of the fault for riding a motorcycle in the first place, jurors may be reluctant to fully compensate a biker for their injuries. As a result, it might be challenging to overcome the prejudice that motorcyclists encounter. Even yet, there are a number of ways for a hurt motorcycle rider to build a solid case against the car that caused their collision. Therefore, in order to understand how a case might be built and won, we must first look at the structure of a motorcycle accident claim.
Liability for motorbike accidents stems from negligence
Most motorcycle accident lawsuits are resolved on the basis of carelessness. For instance, a claim of negligence in a personal injury lawsuit asserts that the defendant acted carelessly or carelessly caused the plaintiff’s injuries. This defense is raised when a motorcyclist is involved in a car or truck accident. The defendant may have been careless in their actions (such as running a stop sign) or their inactions (such as failing to stop at a stop sign) (such as not using a turn signal before changing lanes).
Parts of a Negligence Claim
To successfully file a negligence lawsuit against another driver for your injuries, you must be able to demonstrate a few crucial facts:
The law required the defendant to use prudence. Because all drivers are required to use caution, this is already a given in any instance involving a vehicle collision.
The defendant acted carelessly. The law compares a defendant’s acts to those of a “reasonable person” in the same circumstance to determine whether they were prudent.
The plaintiff’s injuries were brought on by the defendant’s negligence. It is insufficient to demonstrate how carelessly the defendant behaved. You must prove that the defendant was negligent in order to receive compensation for your injuries.
The claimant suffered harm or suffered a loss. For instance, you would have to present proof of the damages you are claiming in a car accident. This could, among other things, include hospital bills (to determine medical expenditures) or a receipt from a repair shop (to prove the cost of fixing damage to your motorcycle).
What Should You Do If a Motorcycle Accident Occurs?
Medical evaluation and treatment will, of course, come first in the aftermath of an accident. However, the information you gather and record following the occurrence may make the difference between your case succeeding or failing. Here’s how to get crucial information following a collision.
Note everything in your head. As soon as you can, put everything you remember about the accident in writing, including the date and time, the place and what happened, any witnesses, the weather, etc.
-Record any injuries you receive and any property damage. Keep thorough records of all the costs connected with your injuries. Please notify a medical professional about your wounds and note how they were treated. Make a list of any pain, disturbed sleep, or other problems brought on by the accident.
-Use your camera to take images. Imagine the accident scenario as quickly as you can after it happens, if you can. It’s also a good idea to return to the scene and search for any further evidence you might have missed. Don’t forget to take pictures to record your discoveries.
-Get in touch with any witnesses. It would be great if you also made an effort to track down any witnesses as quickly as you could and record their versions of what happened while their memories were still recent.
Complex motorcycle collisions frequently center on the notion of negligence. You must be able to demonstrate that the defendant was negligent and that their acts caused your injuries if you hope to win your case. It could make or break your case in court, so be sure to document everything that happened after the accident, from the injuries sustained to the losses incurred. Call us right away if you or a loved one has been injured in a motorbike accident. Our team of professionals will strive to obtain you the money you deserve while assisting you with the process.