Riding a motorcycle can be thrilling and liberating. However, motorcycle riders lack the protection of a car or truck and are much more vulnerable on the road. When motorcycle accidents occur, the results are often catastrophic in terms of injuries sustained. Additionally, motorcycle damage claims can present unique complexities. This article provides an overview of special considerations related to motorcycle accident injury claims and motorcycle property damage claims.
Injury Claims – Proving Liability and Overcoming Contributory Negligence Defenses
Unlike other motor vehicle crashes, liability for causing motorcycle accidents is not always clear-cut. Insurance companies may aggressively contest fault, claim the motorcyclist contributed to the collision through improper riding techniques, or argue the assumption of risk in riding the motorcycle in the first place.
To overcome these defenses, the burden is on the motorcyclist and his/her attorney to prove the other driver’s negligence directly led to the accident through actions like failure to yield, improper turning, distracted driving, etc. Witness statements, accident reconstruction analysis, and skid mark measurements become critical. Demonstrating the motorcyclist’s riding history and skill level also helps overcome accusations around contributory fault based on how the motorcycle itself was operated.
Securing eyewitness statements early is crucial in a motorcycle accident investigation. Due to significant injuries often sustained, the motorcyclist may be incapable of providing a statement immediately following the crash. Witnesses who saw the collision first-hand can speak the facts while events remain fresh. An attorney beginning timely canvassing and official reporting around eyewitness accounts limits the ability of insurance companies to later alter narratives in their favor.
Documenting Injuries and Future Impairment
The types and severity of injuries sustained in a motorcycle crash can be extensive due to lack of protection. This includes things like traumatic brain injuries (TBIs), spinal cord damage, orthopedic fractures, disfigurement/scarring, amputation of limbs, and more. Diagnostic testing, specialty physician consults, rehabilitation programs, and treatment may be lengthy and substantial.
Thorough injury documentation and effective presentation of medical evidence is key to ensuring fair and full compensation for all accident-related losses; both immediate and long term. Establishing future disability, loss of enjoyment of life, loss of earnings capacity, and needs like home or vehicle modifications can rely heavily on medical proof and expert testimony.
Too often motorcycle riders initially underestimate or underreport injury severity due to shock immediately after an accident. Having counsel able to facilitate detailed injury evaluations from specialty physicians soon following a crash helps properly document the full extent of trauma sustained. Identifying treatment needs upfront leads to optimal care and recovery results long term.
Recovering Adequate Compensation for Severe Injuries and Death
Given extreme crash forces, motorcycle accident cases too often result in permanent impairment or even wrongful death. Securing sufficient compensation to cover extensive care needs, loss of financial support, pre-death pain and suffering, and emotional grief can be complicated.
Navigating complex state laws around medical malpractice caps, statutory beneficiary rights, and allowable damages demands experienced legal counsel. With proper representation and case workup, multi-million dollar recoveries for the most serious motorcycle injury claims are often obtained. An aggressive claim posture is required, though a victim-focused and ethical approach typically garners the most favorable results.
Property Damage Considerations
Unlike passenger vehicles, motorcycle damage doesn’t follow standardized repair cost estimating. Bike customization, rare parts sourcing, and complex repair methodologies make documenting and recouping full motorcycle repair/replacement value difficult.
Too often “total loss” valuations fail to account for a motorcycle owner’s personal investments and current market realities around procuring a similar replacement bike. Counsel able to distinguish aftermarket accessories, recognize specialty bike attributes, directly source seller prices to replace to pre-accident condition, and compel proper payment is key.
In addition, while property damage losses are not life-changing, they do disrupt daily transportation and work needs. Having counsel able to facilitate rental bike access and negotiate an immediate settlement on vehicle damage helps offset these disruptions while medical claim aspects progress.
Choose Your Motorcycle Accident Attorney Carefully
Given the unique aspects of motorcycle injury and property damage claims, having an experienced motorcycle accident lawyer from Mama Justice – MW Law Firm on your side is essential. Overly general practice attorneys often miss case aspects unique to bike incidents.
You can visit our offices at the addresses below:
- 2005 West Main St. Tupelo, MS 38801
- 406 Galleria Dr., Suite 7 Oxford, MS 38655
- 1671 Lelia Dr., Suite B, Jackson, MS 39216
- 5100 Poplar Ave., Suite 2700 Memphis, TN 38137
Call us today for a free consultation on (888) 484-1476.
