When it comes to personal injury claims, motorcycle accidents are a little different (they can be more complex due to unique challenges and biases). Or, should we say, challenging. The aim of all personal injury cases is to compensate the victims for their losses, but the specific nature of motorcycle accidents requires a slightly different approach.
Motorcycle accidents usually involve injuries that are more serious than those caused by car accidents, the liability issues are more intricate, and more often than not, you’ll need more compelling evidence. On top of all this, there are also unfair biases motorcyclists face and many insurers and legal professionals see them as risky or reckless.
This article will explore the unique problems motorcyclists face to better prepare accident victims for what to expect.
Evidence Requirements
The foundation of any personal injury claim is evidence. It’s what establishes the facts of an accident and determines who’s liable.
But in motorcycle accidents, the need for detailed, specific evidence is even more obvious because of the unique circumstances around the incident. Usually, you’ll need neutral eyewitness testimonies, especially when there’s conflicting information, or when the other party disputes fault. Apart from testimonies, you’ll also need physical evidence.
This would be skid marks, the damage on the vehicle, debris, and road conditions; all needs to be analyzed to establish the cause of the accident. Also, the condition of the rider’s helmet and safety gear could be evidence. It can show how severe the impact was and whether or not they’ve taken the necessary precautions.
Technological evidence is important, too, like data from dashcams or motorcycle GPS devices.
Challenges Regarding Liability
Determining who’s liable in motorcycle accidents can be very complex, and the best thing to do is get a lawyer. If you don’t already have one, you can search for suitable ones online, according to where you live.
There is also a statute of limitations for personal injury claims depending on the state you live in. Here are a few examples:
| State | Helmet Law | Insurance Requirements | Statute of Limitations for Personal Injury Claims |
| Tennessee | Universal helmet law: all riders AND passengers must wear helmets. | Liability insurance required: Minimum $25k per injury/ $50k per accident/$15k for property damage. | 1 year from the date of the accident. |
| Kentucky | Partial helmet law: riders under 21, permit holders, plus those with less than 1 year of licensure must wear helmets. | Liability insurance required: Minimum $25k per injury/ $50k per accident/$10k for property damage. | 1 year from the date of the accident. |
| North Carolina | Universal helmet law: all riders AND passengers must wear helmets. | Liability insurance required: Minimum $30k per injury/ $60k per accident/$25k for property damage. | 3 years from the date of the accident. |
| Virginia | Universal helmet law: all riders AND passengers must wear helmets. | Liability insurance required: Minimum $30k per injury/ $60k per accident/$20k for property damage. | 2 years from the date of the accident. |
| New York | Universal helmet law: all riders AND passengers must wear helmets. | Liability insurance required: Minimum $25k per injury/ $50k per accident/$10k for property damage. | 3 years from the date of the accident. |
| Florida | Riders over 21 with at least $10,000 in medical insurance are exempt from wearing helmets. | No minimum liability insurance required for motorcycles; medical insurance is required for riders exempt from helmet laws. | 4 years from the date of the accident. |
| Texas | Riders over 21 with proof of health insurance or completion of a motorcycle safety course are exempt from wearing helmets. | Liability insurance required: Minimum $30k per injury/ $60k per accident/$25k for property damage. | 2 years from the date of the accident. |
| California | Universal helmet law: all riders AND passengers must wear helmets. | Liability insurance required: Minimum $15k per injury/ $30k per accident/$5k for property damage. | 2 years from the date of the accident. |
If the accident occurred in Nashville, a motorcycle accident attorney in Nashville (Tennessee) will ensure you’re compensated (if eligible) as long as the 1-year statute of limitations limit hasn’t been breached (1 year limit for personal injury claims; claims against government entities/property damage may have shorter deadlines). If the accident happened in Dallas (Texas), you have up to 2 years to file your claim. The required liability insurance will differ greatly depending on the state in which you’re located. North Carolina will have much higher values than New York, so be sure to learn/understand all of the differences beforehand to ensure compliance with the law and also in order to protect your personal injury claim.
Either way, when looking for a lawyer for a motorcycle accident, look for one who has experience or specializes in that particular field (such a lawyer will be more familiar with the unique/specific challenges that these cases present). Check/ask for proven track records and read reviews/testimonials from previous clients.
Comparative negligence, which is when multiple people are at fault, is what often makes the case even more complicated. For example, a motorcyclist can be partially blamed for the accident even if the actions of another driver is what caused the collision. Road hazards like debris and potholes are more dangerous for motorcyclists than for drivers of larger vehicles, so that’s another layer of complexity.
Then there are the “failure to see” accidents, where a driver claims that they didn’t see the motorcyclist, and this often ends up with the motorcyclists unfairly getting the blame.
Plus, the more vehicles that are involved, the more complicated the case.
Legal Complexities in Motorcycle Accident Claims
Here are the key areas where legal complications manifest.
- Bias Against Motorcyclists
Motorcyclists often face unfair stereotypes because people see them as reckless or adrenaline junkies. Unfortunately, these biases can have a big impact on the legal process.
They can influence what adjusters, juries, and attorneys think, which can result in motorcyclists being blamed when they’re actually not. This is why it’s so important to present clear, objective evidence and use expert testimonies.
- Injuries Being More Severe
A lot of times, motorcycle accidents cause catastrophic injuries because the riders don’t have a lot of physical protection. Injuries like traumatic brain injuries, spinal cord damage, and severe fractures increase the stakes in legal claims.
To address them, you need a lot of medical documents, expert analysis, and a focus on long-term impacts (ongoing medical expenses or disability).
Also, keep in mind that these types of injuries (severe) usually result in substantial financial burdens (e.g. long-term medical care, loss of earning capacity, need for adaptive equipment, etc.).
- Problems with Insurance
Insurance companies will usually try to play down motorcycle accident claims and they’ll cite inherent risks of riding to justify it. Adjusters can argue that something the rider did contributed to the accident or they’ll claim the injuries aren’t as severe as what the injured party claims.
Some common tactics will include disputing the severity of the injuries or even arguing that pre-existing conditions contributed to the current injuries. Perhaps it was even something like claiming that the motorcyclist was partially (or fully) at fault.
Experienced (and prepared) lawyers will counter such tactics with medical records, expert opinions, and accident reconstructions – this is why it’s important to be honest and work with your attorney so that they can provide the best effort possible.
Here, we can see just how important competent legal representation is; an attorney can counter these issues with evidence, like detailed accident reports, medical records, and expert opinions. In the end, your lawyer is your best chance of getting a fair settlement or verdict despite what the insurer attempts.
Conclusion
While it would be easy to dismiss a motorcycle accident claim as just another type of personal injury claim, the reality is different. It’s actually a unique legal case with a significant amount of challenges that rely on strategy and precision.
Every step needs focus and effort because motorcyclists often end up having to battle misconceptions and systemic obstacles they wouldn’t stumble upon if they were in a car accident.
The most important thing to remember is that a good attorney is invaluable in cases like these.