A motorcycle is an expression of freedom. A monster on two wheels, motorcycles symbolize the free will of the individual and their ability to go wherever they want with no one to stop them.
As exciting as all that sounds, there are some grave dangers related to motorcycles. A Forbes report states that 82,528 motorcyclists suffered some kind of injury in 2020. These aren’t small numbers, particularly when you consider the number of motorcycle users in the US. Motorcyclists who’ve been injured in an accident must fight for their rights and acquire the compensation they deserve.
But certain challenges arise that prevent victims from winning a motorcycle accident claim. This article talks about them.
Challenge 1: Anti-motorcycle Bias
This is more common when motorcycle claims move to court. A majority of people in the US are car owners. They have never owned a motorcycle, nor do they know one who does. As a result, they have no idea about the complications involved in operating a motorcycle or how they’re among the most vulnerable parties on the road.
The solution to this challenge depends on the party that is biased.
If it’s a member of the jury, your motorcycle lawyer can call them out and raise awareness.
If the biased individual happens to be an insurance adjuster, then your lawyer will easily counter them with relevant facts and statistics.
Challenge 2: Stereotyping
This one is related to the previous challenge.
For most people, motorcyclists are part of gangs like Hell’s Angels or Vagos. They’re big, burly men with overgrown beards who ride around selling marijuana or meth.
These people don’t care about the average 9-to-5 office goer who uses a motorcycle as a mode of transportation or the hobbyist who takes their motorcycle out for a spin once in a while.
Stereotyping can have negative consequences in a motorcycle accident claim.
Your lawyer has the power to shut down harsh, stereotypical statements that show you in a bad light. If necessary, they’ll also provide the evidence to back your motorcycle usage.
Challenge 3: Proving the severity of your injuries
A car has four wheels and a metal casing. A motorcycle has two wheels and no metal casing. This fact alone proves how vulnerable the average motorcyclist is to accidents and catastrophic injuries. A simple nudge is all it takes for a motorcyclist to lose control and be thrown off their vehicle. The speed during the collision only makes matters worse.
Such conditions make motorcyclists more prone to severe injuries.
Insurance adjusters will not consider all factors of a motorcycle accident and will downplay your injuries to close the claim quickly.
An experienced motorcycle lawyer will breeze past this challenge by providing evidence that proves the overall impact of your injuries. This includes long-term impacts as well. They will hire expert witnesses, if necessary, to get their point across.
Challenge 4: Silly insurance company claims
Alongside the at-fault party, insurance companies are also villains in a motorcycle accident claim. An insurance adjuster (the insurance company’s agent) will come up with silly (and unfair) excuses to deny or lower the compensation. Some of them include:
- That cannot be used as evidence
- You didn’t visit the hospital in time
- You already had an injury
- You caused the accident
- Your condition isn’t as serious as you make them out to be
A lawyer is the ideal counter to the insurance adjuster. Your lawyer would have heard these statements countless times and would easily shut them off. They will have sensible, fact-based arguments to back these claims.
Challenge 5: Proving mental trauma
Proving non-economic damages in a motorcycle accident is a difficult task. The emotional disturbances and pain you suffer due to the accident are recoverable, although they are difficult to prove when compared to other losses.
Difficult doesn’t mean impossible. Your lawyer will organize the evidence based on the timeline of events and prepare foolproof evidence that shows your current plight. They will also use either the multiplier method or the per diem method to calculate your non-economic losses.
Motorcycle accident claims might seem like an arduous task. But they aren’t when you have a motorcycle accident lawyer by your side.
In addition to proving liability, your lawyer will assist in all the things that are essential for a successful motorcycle accident claim.