Firm News & Events arrow What Makes Motorcycle Accident Lawsuits Different?

Paul M. D'Amore
Paul M. D'Amore

Founding Member, Trial Lawyer

What Makes Motorcycle Accident Lawsuits Different?

Motorcycle riders have the same rights as other road users. Other motorists on the road should respect motorcycle riders and have their safety in mind. However, this isn't always the case. Drivers on roads often fail to see, and even disregard motorcyclists, leading to serious accidents and life changing injuries.

Motorcycle Accident Lawsuits Need Motorcycle Accident Lawyers.

Motorcycle accident lawsuits are treated differently than other automobile accidents. These cases are unique, and require lawyers who are skilled and experienced at handling them.

Severity of Injuries

According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 29 times more likely to die in motor vehicle crashes than passenger vehicle occupants. They are also four times more likely to suffer injuries.

Motorcyclists involved in crashes often suffer permanent, catastrophic injuries, such as spinal cord damage and traumatic brain injuries. They aren't protected by airbags, seatbelts, or the hard exteriors of vehicles, making them more vulnerable to severe injuries or even death. A car driver may walk away with minor bruises after a motorcycle accident. But, a motorcycle rider could suffer paralysis, brain damage, or limb loss from the very same accident.

If you've experienced permanent injury or disability after a motorcycle crash, a motorcycle accident lawyer will have the skills, knowledge, resources and experience to ensure: 

  1. you get the proper medical evaluation;
  2. you have the proper team of experts to explain your harms and losses;
  3. you have the proper witnesses to calculate your past, present and future economic harms;
  4. everyone can easily understand the connection between your harms and losses and the other driver’s negligence.

Failure To See Motorcyclists
Drivers on Washington, D.C. and Baltimore roads tend to pay more attention to other passenger vehicles. They tend to be more cautious of large trucks, buses and other commercial vehicles. Bigger is scarier-so watch out! However, because they do not appear to pose a threat of harm, vehicle drivers often fail to even see motorcycle riders, or consider their right of way. 

A driver may fail to register a motorcycle behind them when turning at an intersection or changing lanes. A rider may be in the driver's blind spot, making it hard for them to spot the rider soon enough to avoid hitting them. Still, some drivers may simply be distracted

All drivers should pay attention to the road at all times. It's reckless to drive a vehicle without looking out to spot other road users. A motorcycle injury lawyer can help you build a case against a driver who failed to spot you on the road, hitting you and causing severe injuries.

Experienced motorcycle accident lawyers understand these issues, and know how to find evidence the other driver failed to follow the rules of the road. Experienced motorcycle crash lawyers will seek out additional eye witnesses, and even try to obtain security camera footage that will prove the accident was not the rider’s fault.

Road Hazards
Government agencies should factor in all road users when constructing roads. The design and condition of roads should be suitable for motorcycles too. Loose gravel, potholes, and debris may not affect most vehicles on the road. However, a motorcycle rider is likely to swerve and crash when negotiating a corner full of gravel or ice.

Bias Against Bikers
Bikers are often considered rogue agents. Cultural prejudices and stereotypes have predisposed many drivers to see motorcycle riders as the "bad guy." Some drivers may view them as hot-tempered individuals who recklessly drive their bikes and endanger the wellbeing of other road users. This line of thought is far from the truth.

This discrimination is evident even in police reports and eyewitness statements. A motorcycle accident lawyer can protect your rights as a rider if you are experiencing such stigma after an accident.

Insurance Tactics
Typically, the cost of motorbike accident claims is higher than car crash claims. Since motorcycle riders are more likely to suffer severe injuries than passenger vehicle occupants, they tend to need more compensation for surgeries, physical therapy, and home-based care.

Knowing about the bias against riders, insurance companies often try to deny or underpay motorcycle accident victims in Baltimore, Maryland, and Washington, D.C.  Without an experienced motorcycle accident lawyer on your side, insurance adjusters will often try to make sure you accept a lowball settlement offer.

The Helmet Factor
Wearing a helmet while driving a motorcycle can save your life. A helmet can protect you from suffering a traumatic brain injury if you are ejected from your bike after hitting another vehicle or obstacle. The Insurance Institute for Highway Safety (IIHS) reports that helmets are 37% effective in preventing motorcycle fatalities.

Since 1992, the state of Maryland has required all motorcycle riders to wear Department of Transportation certified helmets while riding motorcycles. Similarly, all motorcyclists on Washington roads are required to wear DOT-approved helmets.

If you weren't wearing a helmet at the time of your motorcycle crash, this could severely jeopardize your case. In both states, defendants can't argue that the failure to wear helmets made their damages worse since that argument is inadmissible in the courts.

Not wearing a helmet may impact your ability to recover damages. 

Who can be held liable for my motorcycle accident case?

There are various parties that you may be able to sue to recover compensation for your motorcycle accident. Most often, the other driver is usually the negligent party responsible for your crash. Still, other parties could also be responsible for your accident.

Experienced motorcycle accident lawyers will conduct a conclusive investigation to determine who is liable for your crash. These parties may include:

  • • Manufacturer of your bike or its parts
  • • Bars and restaurants in Washington under the dram shop statute
  • • Your employer
  • • Government agencies
  • • The city or municipality
  • • Road designers

Do I have a motorcycle accident case?

A motorcycle accident can lead to catastrophic injuries and financial difficulties. If you or someone you care about has been hurt in a motorcycle accident, you need the help of a trusted motorcycle accident law firm to help you recover your damages.

At D'Amore Personal Injury Law, our motorcycle accident lawyers are ready to help you with all aspects of your case while you focus on recovery. We will handle your case preparation, file your claim, negotiate on your behalf, and even go to trial to help you secure the compensation you deserve. Contact us today for a free and confidential case review.

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