As per the latest statistics, 80% of motorcycle accidents result in injuries or fatalities. On the other hand, only 20% of car accidents result in injuries or deaths.
Sadly, many people don’t understand how to navigate motorcycle injury claims. Your first step should be to contact a motorcycle accident lawyer in Alaska for legal counsel.
Common Challenges Encountered in Motorcycle Injury Claims
Here are the common challenges encountered in motorcycle injury claims:
Bias Against Motorcyclists
Insurance adjusters and many jurors assume that riders are reckless, which can affect the outcome of the case. To overcome this, it’s crucial to gather evidence and present a compelling case.
Lack of Protective Enclosure
Motorcyclists are more vulnerable to injuries due to the lack of protective enclosures. This can lead to more severe injuries, and insurance companies might use this as an argument to reduce compensation. You’ll need to emphasize the severity of injuries and the responsibility of the other party.
Proving Liability
Establishing liability can be complex in motorcycle accidents. It often becomes a matter of one party’s word against the other. Collecting witness statements, photographs, and any available surveillance footage can help substantiate your claim.
Pre-existing Medical Conditions
Insurance companies may argue that preexisting medical conditions contributed to the injuries. To counter this, it’s important to provide medical records and expert testimony to show that the accident exacerbated the conditions.
Delayed Injuries
Some injuries, particularly those to the neck or back, may not manifest immediately. Insurance companies may attempt to minimize compensation by claiming these injuries are unrelated. Ensure that you seek medical attention promptly and document your symptoms.
Insufficient Insurance Coverage
If the at-fault party has inadequate insurance coverage, you may struggle to receive full compensation. It’s advisable to explore underinsured motorist coverage through your insurance policy.
Comparative Negligence
Motorcycle injury claims often involve discussions of comparative negligence, where both parties are deemed partially at fault. This can reduce the amount of compensation you receive. Your attorney must argue your case effectively to minimize your share of fault.
Inadequate Police Reports
Police reports might not always accurately represent the details of the accident. Make sure to obtain a copy of the report and correct any inaccuracies with supporting evidence.
Complex Medical Documentation
Motorcycle accident injuries can involve complex medical documentation. Insurance companies may attempt to exploit any inconsistencies. Working with medical experts and ensuring clear, well-organized records is crucial.
Statute of Limitations
Failing to file a claim within the statute of limitations is a common pitfall. Ensure you are aware of your state’s time limits for filing a claim and act promptly.
FAQs on Motorcycle Injury Claims
Here are the frequently asked questions about motorcycle injury claims:
- What should I do immediately after a motorcycle accident?
Seek medical attention, report the accident, and collect evidence if possible.
- Do I need a lawyer for my motorcycle injury claim?
It’s advisable to consult with a personal injury attorney to navigate the legal process effectively.
- How long do I have to file a motorcycle injury claim?
Deadlines vary by state, but it’s crucial to file as soon as possible to preserve your rights.
- What damages can I claim in a motorcycle injury case?
You can seek compensation for medical bills, lost wages, pain, suffering, and property damage.
- What if the other driver doesn’t have insurance?
You may use your uninsured/underinsured motorist coverage or pursue a lawsuit against the at-fault party personally.
- How is fault determined in a motorcycle accident?
Liability is assessed based on the evidence, witness statements, and police reports.
- Can I still file a claim if I wasn’t wearing a helmet during the accident?
Laws vary by state, but not wearing a helmet may impact your claim.
- What if my motorcycle accident was a hit-and-run?
Uninsured motorist coverage can help cover your losses in hit-and-run cases.
- Can I sue for punitive damages in a motorcycle injury claim?
Punitive damages are rare and typically only awarded in cases of extreme negligence.
- Should I accept the insurance company’s initial settlement offer?
It’s wise to consult an attorney before accepting any settlement to ensure it’s fair.
- What if the motorcycle accident was partially my fault?
Comparative negligence laws allow plaintiffs to recover damages even if they’re partly at fault.
- How long does a motorcycle injury claim typically take to resolve?
The resolution time can vary, but expect several months to a few years for resolution, depending on the complexity.
- What happens if the at-fault driver is underinsured?
Your underinsured motorist coverage can help cover the difference.
Working with an experienced attorney can increase your chances of a successful claim. Remember to document everything, gather evidence, and be prepared for potential biases in the process.
