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What Makes Motorcycle Accident Lawsuits Different?

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Filed under Automotive, Automotive Help, Editorial

Motorcycle drivers are at a far higher risk of getting into a tragic accident when compared to car drivers. There is a high possibility that your motorcycle accident occurred because of distracted driving, so it is possible you are not liable for your injuries and can file a lawsuit. Compared to car accidents, you are also more likely to have severe injuries due to a motorcycle accident. Motorcycle accident lawsuits differ from car accidents in numerous other ways.

How Motorcycle Accident Lawsuits Differ from Others

Motorcycle accidents are life-threatening and have a higher mortality rate than car accidents. Because of this, motorcycle accident lawsuits are treated differently.

More Severe Injuries

When you get into a motorcycle accident, your injuries tend to be more severe than car crash wounds. Motorcyclists are 29 times more likely to die in a car wreckage compared to other drivers. That is because cars are enclosed vehicles while motorcyclists are entirely exposed to the road. Your award amount can be increased because of the higher level of trauma. You may have received spinal cord or brain injury, which can pose a long-term threat to your health and financial stability. You may experience permanent damage or disability, which can gravely impact your life.

The Impact of Wearing a Helmet

California laws require you and any passengers to wear a helmet while you are operating a motorcycle within the state. If you were not wearing a helmet, this might complicate your case. Additionally, you can face a fine and traffic ticket once the police officer arrives to make a report. If you are not wearing protective gear, you may be seen as partially at fault for your injuries. In California, you can only be compensated for the percentage of an accident you are not at fault for. If the court deems you as partially at fault because you weren’t following the rules, this can lower the compensation for your injury. Because you broke a California law, you may receive no money at all for your damages.

Car Drivers Often Cause the Accident

Many motorcycle accidents happen because the other driver didn’t see them or respond quickly enough. Distracted driving incidents are at an all-time high and wind up being one of the leading causes of fatal collisions. Drivers often turn or change lanes while a motorcyclist is in their blind spot. Because of this, you can expect the other driver to be required to compensate you for your injuries fully. Your attorney can subpoena the other driver to determine if they were texting while driving to further your case.

There is Anti-Biker Bias

Some may stereotype motorcyclists as careless and daring drivers, making them less inclined to compensate you fully. This prejudice is found in the jury as well, where a lower award amount may be provided despite overwhelming evidence from police reports and witnesses. Your accident lawyer will have to represent your case and be rigid in demanding a full compensation amount.

Learn More About Motorcycle Accident Lawsuits

You can ask additional questions from a knowledgeable professional to help you understand how to proceed with your case. A motorcycle accident lawyer can provide insight on whether your case is strong enough for you to consider a lawsuit.

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