When people are in car accidents, they have bumpers and a steel body and frame around them to protect them. There are crumple zones that are engineered to absorb an impact along with air-bags and seat restraint systems. Motorcyclists don’t have that kind of protection. If they’re involved in a crash, other than a helmet, they are virtually unprotected. The only crumple zones that they have are their bones and joints.
Understanding the Differences
Victims of motorcycle accidents are likely to think that their accident will be handled the same way as a car accident. That’s simply not true. The traffic laws might be the same, but the way that insurance companies and jurors perceive motorcyclists and motorcycle accidents is completely different. If an attorney fails to understand those differences, that failure could adversely affect a settlement or verdict. An experience motorcycle accident attorney from the Law Offices of David Kohm have handled a multitude of of motorcycle accident cases and have the legal knowledge that you are seeking.
Insurer and Juror Prejudice
Granted, some motorcyclists seem like daredevils who rapidly accelerate, weave in and out of traffic and even split lanes. Those riders are just a small minority of motorcyclists, but they create an unfair perception and prejudice that labels a rider as a thrill seeker. Jurors bring those prejudices into courtrooms with them. There are two things that an experienced motorcycle accident attorney will do in overcoming a jury’s perception of motorcyclists. First, when picking the jury, if a potential juror has an obvious prejudice against motorcyclists, the attorney will respectfully excuse the juror from the panel. Next, after a jury starts hearing the case, the attorney will show the injured rider’s years of experience and safe riding habits. That attorney will also show what the motorcyclist did to avoid the crash.
Juror Inexperience
Most jurors have never ridden a motorcycle. They don’t know about maintaining the stability of the bike, and most won’t know the purpose of laying down a bike to avoid catastrophic injury or death. Until such time as jurors understand what it takes to safely and responsibly drive a motorcycle, they’re not going to be as sympathetic to motorcyclists as you would want them to be. Jurors need to be taught about the safe and defensive operation of a motorcycle from the time that they walk into a courtroom. This is what an experienced motorcycle accident attorney can do.
Damages
If a motorcyclist is lucky enough to survive an accident, injuries are likely to be severe. Multiple fractures, organ damage and surgeries are common after a crash. Medical bills, lost time from work, pain and suffering and permanency of the injuries result in high damages claims. Insurers know that there is substantial financial exposure for them, so they’ll do whatever they legally can do to try and devalue the claim against their insured person. For example, the opposing insurer will probably want a written or recorded statement from the motorcyclist. Never give the opposing insurer a statement of any kind in a motorcycle accident case. It will only try to use your own words against you in the future. Instead, victims of motorcycle accidents are strongly advised to retain a respected and qualified motorcycle accident attorney as soon as possible after an accident. Your attorney will want to maximize your proceeds from any settlement or verdict.
Take control of your case and contact a motorcycle accident attorney from the Law Offices of David Kohm as soon as possible after being injured in a motorcycle accident. Simply ask to arrange for a free consultation and case evaluation. Our objective is to maximize any compensation that you might receive.
Reasons to Call A Motorcycle Accident Attorney
It can be difficult for you to determine who is at fault for the accident. That is why it is important for you to hire a motorcycle accident attorney. Your attorney will determine who is at fault by thoroughly-investigating your case.
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