Motorcycle accident cases are different from passenger car accident cases. Unique legal challenges in motorcycle accident cases can make it harder for injured motorcyclists to receive the compensation they deserve, even when the accident was not their fault.
Here are three big legal challenges in motorcycle accident cases and why they matter.
Injuries Are More Severe and Fatalities Are More Frequent
Here are two sobering statistics from the NHTSA: Motorcyclists are about 4 times more likely to be injured in a crash compared to passenger vehicle occupants and about 22 times more likely to die.
This presents a legal challenge because it means that motorcycle accident cases often involve pursuing higher levels of compensation, which can mean longer, more difficult negotiations for a settlement or even going to trial. For certain types of injuries, such as spinal cord injuries, determining the correct amount of damages can take a long time and involve many experts, while seeking compensation in a wrongful death claim when the motorcyclist has died is also challenging.
Motorcycle Riders Face Persistent Bias
Motorcyclists are often seen as more reckless and more prone to taking risks. The bias against motorcycle riders has persisted for decades, and it can have a tangible impact on outcomes in motorcycle accident cases.
For instance, if a motorcycle accident case goes to trial, a jury biased against the motorcycle driver may be less likely to deliver a favorable verdict or may settle on a smaller award.
Insurance Companies May Fight Harder
Insurance companies know that many juries have a bias against motorcyclists, and therefore know that going to trial is usually not in the best interest of the motorcyclist. This gives the insurance company an advantage when it comes to negotiating a settlement, and they may offer very low settlements.
This legal challenge requires pushing back against the insurance company, making a strong case for why a higher settlement is justified, and sometimes taking the matter to trial when necessary.
Call the Motorcycle Accident Attorneys at The Carolina Law Group
With the deck seemingly stacked against motorcycle riders, what’s the solution? Work with a lawyer who has experience successfully handling motorcycle accident cases. Understanding the unique legal challenges of motorcycle accidents is the first step in building a strong case that can help you get the compensation you deserve.
Here at The Carolina Law Group, our motorcycle accident attorneys have helped South Carolina motorcyclists fight for their rights and win the damages they deserve. We want to do the same for you. We’ll build a strong case, negotiate hard with the insurance company, and take the matter to trial if that’s what it takes. Call us today at one of the numbers below to schedule your free, no-obligation consultation.
The Carolina Law Group has four offices in South Carolina for your convenience: Greenville (principal office; call 864.312.4444), Greer (principal office; call 864.757.5555), Spartanburg (principal office; call 864.312.4444) & West Columbia (principal office; call 803.881.1110).
Call us at one of our four offices or contact us online to schedule your free consultation with one of our attorneys. Our business hours are Monday – Thursday 8:30am – 5:30pm & Friday 8:30 am – 5 pm. Weekend and evening hours by appointment only. Our Greenville, SC law firm offers Spanish, Hindi, and Gujarati language translation services for your convenience.