Three Ways Motorcycle Accident Claims Are More Complicated
Being in a motorcycle accident can change your life in the blink of an eye. And when it’s time to get the compensation you deserve, you might find yourself tangled in a web of legal challenges. But what makes motorcycle accidents so different from car accidents when it comes to legal claims?
In this blog post, the Culpeper motorcycle accident attorneys at Davies, Barrell, Will, Lewellyn & Edwards, PLC delve into three main factors that complicate motorcycle accident claims.
1: More Severe Injuries
Motorcyclists often face severe injuries in accidents because they have less protection than people in cars. These injuries aren’t just painful; they also add hurdles to your personal injury claim.
Severe injuries mean a mountain of medical records. The more extensive the injury, the more paperwork you’ll need to support your claim, making the process more complex.
Future Medical Costs
Unlike less severe injuries, victims of motorcycle accidents often have long-term medical costs. This makes calculating an accurate claim amount more difficult, as you’ll need to account for ongoing care and provide a present value calculation.
Liability and Fault
More significant injuries often result in closer scrutiny from insurance companies. They may question your actions during the accident while vigorously arguing that their insured was not at fault.
2: Bias Against Motorcyclists
There’s a stereotype that motorcyclists are thrill-seekers who love to bend the rules. Even though our attorneys know this isn’t true, this misperception can bleed into the legal process and complicate your personal injury claim.
Firstly, the bias against motorcyclists can result in prejudiced assumptions from insurance adjusters and even jurors if your claim goes to court. This bias might make them more likely to assume you share some fault in the accident, which can prevent you from getting the compensation you deserve.
Because of these biases, you might have to go the extra mile to prove you were not at fault. This often means collecting more evidence, like time and distance analysis, eyewitness accounts and video footage, to counteract any preconceived notions that could work against you.
The perception of motorcyclists as “risk-takers” can also make legal disputes more complicated. You might experience more rigorous depositions and tougher questions on cross-examination. Our attorneys protect against this by properly preparing clients for depositions, and court if that become necessary.
3: More Potentially Liable Parties
In a typical car accident claim, it’s often just one driver pointing the finger at another. But in motorcycle accidents, the number of potentially liable parties can expand, making your claim more intricate.
Beyond Other Drivers
Sure, the other driver might be at fault, but what about other entities? Parts manufacturers could be liable if a faulty component contributed to the accident. Local government agencies might bear some responsibility if poor road conditions or inadequate signage played a role. Even construction companies could be implicated if they incorrectly marked or maintained work zones.
When there are multiple parties involved, the investigation process becomes more convoluted if your attorney doesn’t have the proper experience. Each liable party may have its own insurance company and legal team, adding additional layers of red tape and negotiations to your claim.
The presence of additional liable parties often leads to divided accountability. When the fault is spread out, each party’s insurance may be responsible for only a portion of your claim. It is essential to accurately identify all potentially liable entities to ensure you receive full compensation.
Our Culpeper Motorcycle Accident Lawyers Can Protect Your Rights
Unraveling the complex legal issues in a motorcycle accident claim can feel overwhelming, especially when you’re dealing with severe injuries. This is where an attorney becomes a priceless ally. With their in-depth understanding of the legal landscape, an attorney can handle the heavy lifting, from gathering comprehensive medical records to identifying all potentially liable parties, allowing you to focus on your recovery.
Don’t let these complications hinder your quest for the compensation you deserve. Take action today by scheduling a consultation with Davies, Barrell, Will, Lewellyn & Edwards, PLC. Complete our contact form or call (540) 825-6000 to get started.