The Complete Guide To Winning Your Motorcycle Accident Case

Posted by Rickyadam on April 20th, 2021

Some people like to ride motorcycles for the excitement and exhilaration, while some prefer riding them because they find them more convenient.

However, riding a motorcycle can be quite dangerous as well, especially in the event of an accident. Motorcycles make up about 1% of UK traffic, but motorcycle-related accidents account for around 18% of deaths and serious injuries.

How Do Motorcycle Accidents Occur?

It is more likely for a car and a motorcycle to collide on the road than it is for a motorcycle to collide with another motorcycle. This mostly occurs when cars turn left in front of the motorcycle, which can easily cause the motorcyclist to lose their balance. When a car driver is changing lanes, there’s a blind spot, so they’re unable to see the motorcycle. In addition to that, when motorcyclists ride into a corner too fast, the car doesn’t have enough time to brake and avoid a collision. Other cases involve opening the car doors without checking if there are any motorcycles approaching on the road.

How Motorcycle Accidents are Different from Car Accidents

Motorcycle accidents can result in severe injuries, which can lead to increased settlement costs. They involve different legal procedures, and the person at fault can be the motorcyclist themselves due to negligence or failure to follow the road safety rules, such as not wearing protective gear.

When motorcyclists hire an attorney to address the accident’s case, they tend to think the case will be handled the same way a car accident case is handled, as the rules of road safety are the same for every vehicle. However, juries, insurance companies, and attorneys have a different way of viewing it.

Here are a few major reasons why a motorcycle accident differs from a car accident.

1.  Motorcyclists are generally stereotyped as fearless and thrill-seeking individuals who go over the speed limit. This negative image of motorcyclists informs the jury’s perception of them, leading to a bias that favours car drivers.

An experienced personal injury solicitor will try to address this mindset and then try to eliminate the people who have a biased opinion. They will also demonstrate how the motorcyclist has been a responsible citizen and a reliable driver to help them understand. This will help them alter their perspective about motorcyclists and their level of fault in the accident.

2.  Many jurors don’t have any experience riding a motorcycle, so they are unable to realize and understand the accident’s situation. There are some technicalities in riding a motorcycle that you can comprehend only when you ride one yourself. Motorcyclists have to maintain a certain level of speed to maintain their balance. They also lay the motorcycle to avoid any serious injuries and fatal crashes. When people don’t have any experience riding a motorcycle, they think that the motorcyclist was speeding and lost control. Many jurors also tend to think the same and believe the motorcyclist is to blame.

3.  Motorcyclists face severe injuries in accidents and mostly succumb to their injuries. If they survive the crash, they may have multiple fractures or even lost limbs. Permanent injuries require huge medical bills that many can’t afford and require an experienced personal injury solicitor to help them out. Road injuries known as road rash are one of the most painful ones that all of them have to suffer.

4.  Insurance companies are aware of the jurors’ bias, and they want the verdict to be in favour of the car driver to avoid any expenses. Mostly, motorcyclists decide to hire a lawyer after they find out that almost no one is on their side. After suffering more injuries and facing more losses, motorcyclists usually deal with the insurance company themselves. However, their conversations are recorded and used against them in a court of law. This makes them lose the case even if they have hired an excellent lawyer.

So, How Can They Win The Case When Certain Things Are Used Against Them?

1. The Motorcyclist Was Not Wearing A Helmet

If the motorcyclist was not wearing a helmet, it is usually used as leverage in the court by the party at fault. They’re still eligible to get the compensation because the accident wasn’t their fault. The medical bill payments may vary, which can be addressed by a personal injury solicitor.

2. The Motorcyclist Is Partially At Fault Too

When both parties are at fault, they can settle on a 50/50 method. It states that both of them are liable to compensate each other for the damage and injuries. The negligence is also assessed by the court to determine what percentage was the motorcyclist’s fault and what percentage was the car driver’s fault. Contributory negligence is when the claimant shows that the defendant is responsible for the accident, but they also contributed to the accident in a certain way.

It is recommended to immediately contact an attorney who can help you out with the case and be on the safe side.

Types Of Damages That Can Be Compensated:

1.  Pain and suffering
2.  Asset damages
3.  Medical bills
4.  Out-of-pocket expenses
5.  Income loss

If poor road conditions like a pothole causes the accident, then you can make your case against the city or the government of the area.

When the insurance company gives you a settlement offer, you should always consult your lawyer for it. They usually low-ball victims to save money, and you wouldn’t be able to claim any damages or medical bills later on.

Tips For Motorcyclists’ Safety

1.  Always try to be alert to swerve away from a car at roundabouts and junctions.
2.  Wear bright colours to be visible during the day and night.
3.  Try to stay in the centre of the lane and use indicators when you’re making a turn to avoid hitting a car.
4.  Before overtaking, always ensure that the car can view you and you’re able to see the road ahead.
5.  Always ride at a reasonable speed, so you’re able to slow down when you need to and avoid severe injuries.
6.  Always wear a helmet to keep your head and neck safe.

Personal Injury Solicitor

The personal injury solicitor will gather evidence from eyewitnesses after listening to your version of the story. They will collect the motorcycle crash report and will take a crash expert to examine the crash site to determine who was at fault. Any CCTV footage can also be retrieved from nearby retail stores or houses to use as evidence to the court when defending your case.

You can contact Wembley Solicitors if you need help with any kind of personal injury cases. They have an experienced team to assess your case and you can secure a good settlement offer in line with your injuries and losses.

About The Author

Paul Morrison is an experienced legal advisor and contributor for Wembley Solicitors. He has worked given legal advice on numerous motorcycle accidents and has a great success rate in Wembley, Middlesex.