Why Are Motorcycle Accident Cases Hard to Prove?

While motorcycles represent only 3 percent of all registered vehicles, they are involved in 14 percent of all fatal crashes in the U.S. In fact, motorcyclists are 28 times more likely to be killed in traffic collisions than other motorists. And even when people survive motorcycle crashes, they might suffer debilitating injuries and be left with permanently disabling conditions. If a motorcyclist is injured due to the negligent driving behavior of someone else, they are entitled to recover compensation. Unfortunately, motorcycle accident cases are often more difficult to prove than other types of personal injury accidents. Why is this? Let’s explore . . .

The Difficulty of Proving Motorcycle Accident Cases

Motorcycle accident cases can be more difficult to prove than other types of traffic accidents for several reasons. First, any time you have to deal with an accident claim, it can be confusing to parse through the legal jargon and paperwork involved in the claims process. In addition, insurance companies typically aggressively defend against motorcycle accident claims and have teams of defense lawyers that are prepared to dispute liability. Plus, they understand the biases many people have about motorcycle riders and use them to their advantage to avoid paying claims or to devalue them.

The Burden of Proof and Comparative Negligence

To recover compensation in a motorcycle accident case, you will have the burden of proving that the other motorist was negligent and caused your accident and injuries. The defendant will not be required to prove anything since you have the burden of proof.

In many cases, defendants who were clearly at fault will try to argue comparative fault. This legal doctrine allows people who contributed to their accidents to recover compensation but only if their percentage equaled less than 51 percent. If a defendant can successfully argue that you were partially to blame for your accident, they can get your damages award reduced by the percentage the jury attributes to you. If they can convince the jury that you were 51 percent or more at fault, you won’t be able to recover compensation for your losses. This can be problematic in a motorcycle accident case due to juror bias against motorcyclists.

The Bias Against Motorcyclists

A major obstacle faced by motorcycle accident victims is the bias many people have about people who ride on motorcycles. It is common for insurance companies, vehicle drivers, and jurors to assume that the motorcyclist was at fault since people who ride on motorcycles are typically viewed as risk-takers. Unfortunately, you might encounter this bias from the investigating police officers, jury members, and insurance adjusters. Securing the help of an experienced motorcycle accident lawyer can allow you to combat bias by gathering evidence and presenting the strongest possible case that the other motorist was at fault.

Insurance Company Tactics

Insurance companies frequently employ tactics to avoid paying claims or to minimize the total they might be forced to pay to motorcycle crash victims. The insurance company might deny your claim, delay its investigation, or make an unreasonably low offer. It can be challenging to recover payments from an at-fault driver’s insurance company because of the tactics they often use.

The company might try to pressure you into accepting a lowball offer or delay the case as much as possible to increase the chance that you will agree to settle your claim. The company might argue that your injuries are not as serious as they are, try to use your words against you, or argue that your injuries resulted from a different event. However, when you are represented by an experienced attorney, it signals to the insurance company that you are serious about your claim. This can help convince the company to engage in good-faith negotiations.

Consult an Attorney at Ellis & Associates

If you suffered serious injuries in a motorcycle crash that you believe was the other driver’s fault, you should consult a motorcycle accident attorney at Ellis & Associates as soon as possible. Our lawyers know the types of tactics commonly used by insurance companies and can help to challenge them to secure the most favorable outcome possible. Call us today for a free case evaluation at 800-MR-ELLIS.