How Motorcycle Accident Claims Differ From Car Accidents

If you are involved in a motorcycle accident, it's important to not assume that the motorcycle accident case will be the same as a car accident case. There are different laws that govern motorcycles. By knowing these differences, you can make decisions that will allow you to increase the amount of compensation that you'll receive.

You May Suffer More Injuries

The key difference for a motorcyclist is that you have much less protection during a collision. This can lead to a much more serious injury. In some states, if you're not wearing a motorcycle helmet, you may be considered more at fault if you sustain a head injury. This can reduce your compensation.

Motorcyclists have less protection and are more likely to suffer more serious injuries as a result. More serious injuries can lead to higher medical bills and can cause you to spend more time out of work. 

The Claim Will Likely Be Higher

Since the claim tends to be higher with a motorcycle accident, the negligent driver's insurance provider will usually work harder to reduce the claim or even deny it. Often, the insurance provider will make an offer before you even know the full extent of your injuries. The offer might not take into account your long-term needs and may not cover all of your medical bills. By consulting with a motorcycle accident attorney, you'll be better prepared to decide whether to accept a settlement offer.

The Defendant Might Use Different Arguments

Motorcyclists can stop more quickly. Therefore, other drivers may rear-end a motorcyclist because of the shorter amount of time he or she has. However, this usually cannot be used as a defense in a motorcycle accident.

Defenses that are more likely to be raised include:

  • You were speeding
  • You made an improper lane change
  • You turned left improperly
  • You were under the influence of alcohol

To use any of these defenses, the defendant will need to provide evidence. Fortunately, you may provide your own evidence in the form of witnesses. If another driver testifies that you were driving safely, for example, the courts may not accept this defense.

Also, if there is any video evidence of the accident, such as surveillance camera footage or a dashcam, this can be used to prove that you were driving safely. Since unique challenges arise when seeking compensation for a motorcycle accident, consider speaking with a motorcycle accident attorney.