How Insurance Companies Defend Motorcycle Accident Cases
When it comes to motorcycle accidents, remember that they are handled differently by insurance companies, especially if you are the motorcycle rider yourself.
There are a couple of other aspects that are taken into consideration when an insurance company has to defend a motorcycle accident case – today we’ll be talking about those aspects so you know what to expect if you are involved in such an incident.
The Motorcycle Bias
You may already know what we’re talking about here. Both pedestrians and car drivers – well, most of them at least – believe that motorcycle riders are the most reckless people on the highway/ street, and are commonly the ones to blame for anything awful that happens.
This is the main reason why motorcycle accident cases are among the most difficult to win – just because of a bias.
Most insurance defense lawyers will rely on this bias and use it to get the jury on their side. Given this, it is recommended to hire a professional motorcycle accident attorney if you are involved in an accident, as they may have the power to change the court’s perspectives in your favor.
The List of Defenses
During the case, inside the courtroom, the attorneys that represent the insurance company will remove arguments from their list of defenses. In this respect, three main areas of interest involving the rider and his motorcycle will be taken into account.
- The Rider’s Profile – the arguments regarding the profile of the motorcycle rider will question everything from experience to riding gear, possible health issues, change of vehicle that may have led to the accident, or even if the driver was mentally and physically fit to ride a motorcycle. The rider should be prepared for any topic regarding him/ her and their ability to handle a motorcycle.
- The Motorcycle – if it is determined that the driver wasn’t at fault, then the court will take a look at the motorcycle itself. They’ll try to see if there were any issues with the vehicle, and then determine whether the rider had to deal with such issues – namely if the rider could still be blamed for the motorcycle’s defects.
- The Driving Mistake – naturally, defense attorneys will also try to bring into the discussion any possible driving errors that might have happened. Everything will be questioned.
As you can see, the rider is not given any sort of break. The court/ defense attorneys will question the rider, their vehicle, as well as their driving skills.
The rider can consider themselves safe only when the insurance company runs out of arguments to cross off their defense list and there’s nothing else for them to rely on to blame the motorcycle driver.
The Bottom Line
It is important to keep in mind that most insurance companies will do everything they can to avoid paying compensation to riders involved in motorcycle accidents.
This is because when compared to car-on-car accidents, a motorcycle driver is likely to get injured and his/ her vehicle will possibly sustain more damage than a automobile. Therefore, settlements and compensation can be quite high.
Nevertheless, the support of an experienced, professional attorney is paramount, as they can help you deal with the entire case, as well as work toward the best outcome for you!