Filing a claim for compensation after a motorcycle collision is fairly similar to filing one after a car wreck, but five key differences make pursuing compensation after a motorcycle wreck more challenging. Understanding some of the difficulties can help ease your mind during the claims process.
An experienced Atlanta motorcycle accident attorney can pursue the compensation you’re entitled to and will know how to handle the problems a complicated motorcycle accident case can present, such as:
Injuries Are Often Catastrophic
Motorcycle riders lack the protective metal shell that encloses the occupants of a car or truck, so when they’re hit by another vehicle, the injuries are more likely to be severe. A car driver may have a few bruises, while the motorcycle operator may have a few broken bones.
The seriousness of a motorcycle rider’s injuries means they may be unable to complete vital steps right after a crash, like giving a statement to the police, gathering witness information, taking pictures or a video, or even exchanging information with the other motorist.
Motorcycle Accident Losses Are Often Higher
All the ways you suffered harm in a collision are “losses.” These losses include your financial harm, like medical bills or missed time at work, and intangible harm, like loss of quality of life and the pain and suffering you experience. Because a motorcyclist is more likely to have serious injuries, their financial losses are often higher because they have higher medical bills.
Insurance companies know that the cost of settling a claim for a catastrophically injured motorcycle driver is higher than other vehicle claims and may try to lowball the victim, taking advantage of the fact that they’re injured and desperate for money.
Motorcycle Rider Bias
Although riding a motorcycle carries less of a stigma than it has in the past, there are still several biases people carry against a motorcycle operator, like:
- They take unnecessary risks
- They speed or otherwise drive recklessly
- They engage in illegal behavior, like being in a criminal gang or doing drugs
- They’re more likely to have caused the accident
If an insurance adjuster or jury has these biases, it’s more difficult to change that bias to achieve full and fair funds to compensate you.
Motorcycle Insurance Policy Limits
Because the value of your motorcycle claim will be high if you suffered catastrophic injuries in the crash, the at-fault party’s insurance policy limits may not be sufficient for you to obtain the full compensation you deserve. Your attorney might suggest filing a lawsuit against the at-fault party to pursue the full value of your claim. Alternatively, if you opted for underinsured motorist (UM) coverage on your own insurance policy, you might be able to make up the difference between the at-fault party’s coverage and your actual losses by using your UM coverage.
The Defendant May Not Be Another Driver
Sometimes, the party responsible for your wreck isn’t another driver on the road. Instead, an outside factor caused the wreck, which means that the defendant would be an entity that may not have even been present at the time you crashed.
Poor road conditions pose a greater danger to a motorcyclist than to other road users. Uneven surfaces and potholes or bridge grates can cause you to lose control and crash. In these cases, the municipality responsible for maintaining the roads could be at fault.
If your motorcycle has a design or manufacturing flaw or wasn’t serviced or repaired properly, it may be fundamentally unsafe to drive. The manufacturer or mechanic could be the at-fault party in this case.
Experienced Atlanta Motorcycle Accident Lawyers Can Help in Complex Cases
If you’ve been injured in a motorcycle collision that wasn’t your fault, you can benefit from the advice of a motorcycle accident attorney familiar with the complexities of these types of crashes. Contact W. Winston Briggs Law Firm today at (404) 522-1500 for a free consultation about your case.