How Insurance Companies Defend Motorcycle Accident Cases

Motorcycle crashes often result in very serious injuries and insurance companies are experts in avoiding fairly compensating victims. According to the Insurance Institute for Highway Safety, motorcyclists were 27 more times likely to be killed in an accident compared to other drivers. A total of 4,985 motorcyclists died in 2018 and accounted for 14% of nationwide motor vehicle fatalities. 

Motorcycle Bias

Often motorcycle accident victims fall prey to the bias against their vehicles and this bias can be used by insurance companies to reduce settlement amounts. Perception and prejudices against motorcyclists often carry a heavier burden to prove the negligence of others in their accents. Insurance companies will use the following questions to question the motorcycle operator’s experience in order to reduce the fault of their clients: 

  • Do the motorcyclists have any disabilities that may infringe upon their ability to operate the motorcycle?
  • Did the motorcyclists wear the right protective gear or clothing? Were their clothing and motorcycle visible enough, especially in the night time?
  • How did the motorcyclist operate their vehicle? Did they share the road with other motorists?
  • What’s their level of experience, and how long have they been riding this particular motorcycle?
  • Did the motorcyclists use equipment that hindered their ability to focus on the road? Does their motorcycle have a cell phone holder?
  • Does the cyclist’s bike have add-ons that reduce their hearing like aftermarket mufflers and pipes that increase the decibels of their motorcycle?

Motorcycle Errors

Insurance companies have large teams with years of experience settling, trying, and reducing the number of total settlements that they payout. Being able to attribute any fault to the motorcycle operator in most states will reduce the amount they will have to payout. Insurance companies look for the following errors to reduce their client’s liability: 

  • Correct equipment positioning including lights, fenders, mirrors, helmet, plates, and more
  • Hand positioning of the motorcyclists for optimal braking speed
  • How the crash occurred and when the motorcycle driver chose to lay down their bike
  • Visibility of the motorcycle driver including their bike’s color, reflectors, and colors worn by the driver
  • Defensive driving tactics of the motorcyclist
  • Motorcyclist’s ability to avoid the accident
  • Speed of the motorcycle and whether they were driving too slowly or too fast

Insurance companies can also use motorcycle bias to convince juries that accidents are normal and deflect responsibility from their clients. Motorcycles can be risky but driving one doesn’t mean you are responsible for the injuries you’ve incurred. Read more at bbklaw.com for more information about how a motorcycle accident attorney can support you in seeking justice.

Motorcycle Statutes and Procedures

Each state has it’s own laws pertaining to traffic violations and accidents. Failure to adhere to these laws could result in a citation and signal negligence in your personal injury case involving an accident. The following laws are used by insurance companies to deflect their client’s negligence: 

  • Statute of limitations: Each state has guidelines from which the injured party must file their claim. Usually, this statute’s timeline falls between 18-24 months from the date of the accident. Failure to do so may lead a judge to deny your claim. 
  • Jurisdictions: Filing your claim in the proper court is essential to recovering damages in your case and a failure to do so could lead to wasted resources and having your court thrown out. 

Insurance companies can and will use all of your mistakes against you. It’s important to  work with an experienced personal injury attorney when seeking damages and justice in your motorcycle accident. 

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