Because motorcyclists have little protection and often suffer serious injuries
in traffic collisions, building an effective personal injury claim becomes
essential to ensuring that victims can secure the financial compensation
they need to cover what are often extensive damages. These include hefty
medical bills, the costs of future medical care, lost work income, pain
and suffering, and more. While personal injury law provides the pathways
through which victims can make their case and pursue compensation from
the party responsible for causing their wreck, riders do face some unique
challenges when it comes to securing justice and the recovery they deserve.
At Rosenberg & Rosenberg, P.A., our Fort Lauderdale personal injury
lawyers have worked with many injured motorcyclists who believed their
cases were straightforward: sue the at-fault party and collect compensation.
Unfortunately, motorcycle accident cases are prone to challenges and disputes,
especially from insurance companies that may leverage all the negative
stereotypes about riders when contesting claims. Because these challenges
exist, it becomes critically important for injured riders and their families
to work with attorneys who have the experience and resources to deflect
challenges and secure positive results.
As a firm that leverages over 160 years of collective experience when handling
accident cases, we know the common issues and challenges that arise in
motorcycle accident cases, including:
Severe injuries – Motorcycle accidents frequently result in serious injuries to
riders, including catastrophic injuries that result in life-altering repercussions.
Because injured riders also commonly have longer recoveries, more medical
needs, and future needs, understanding the full scope of injuries and
how they impact the lives of victims takes time, and can increase the
length of a case. This is because injuries and their impact need to be
fully illustrated and calculated in order to secure full and fair compensation,
and ensure victims have what they need as they move forward and rebuild.
With more extensive injuries also comes the need for working with medical
experts who can speak to the nature of physical damages and medical care,
things that insurance companies will dispute. In some cases, it is also
important to consider how a victim’s family suffers as a result
of their injury, as their emotional damages can also be recovered.
Insurance companies – Insurance companies can be the greatest hindrance in motorcycle
accident cases, as they are powerful corporations that put profits over
people in their attempts to protect their bottom line. Insurance companies
are not on your side, and they will leverage their resources to pay you
as little as possible. They do this by challenging all aspects of a case,
including fault and liability. When riders are unrepresented, they may
also attempt to make lowball settlement offers in hopes a rider will quickly
accept, even if it far less than they need. By working with proven personal
injury attorneys, you can level the playing field with insurance companies
and be prepared for any challenges they throw your way.
Liability disputes – Motorcycle riders are susceptible to negative stereotypes that
can complicate matters of establishing fault and liability. Other drivers
and their insurance providers may attempt to capitalize on these stereotypes
when disputing liability, such as reckless riding, unsafe lane changes,
and speeding. If motorists can put the blame on riders, they may avoid
having to compensate victims, or pay less than they should.
Juries – In some cases where insurance companies do not make reasonable
offers to compensate victims, or dispute fault and liability, a trial
may be necessary. Keep in mind, however, that juries may also carry prejudice
against motorcyclists based on negative stereotypes, including riders
who don’t always safely share the road. Overcoming these prejudices
is critical to a case, and experienced attorneys can work to achieve this
during jury selection and when presenting a clear and convincing case
during litigation. It is also important to ensure that juries understand,
or are educated about, safe motorcycle operation, so that your situation
can be fully illustrated.
Lack of documentation from scene – Due to the fact that riders are often seriously injured, they
are commonly unable to collect much information from the scene of an accident.
This is understandable, as the aftermath of a crash can be chaotic and
medical attention should always be the top priority. However, a lack of
documentation from the scene could complicate a case, which is why it
is important to call the police, who can collect information and compile
a police report. Working with an attorney who can conduct independent
investigations is also important to ensuring you have all the information
you need as you pursue a recovery of your damages.
Aside from what are often high stakes, motorcycle accident cases do have
unique issues and challenges that can complicate a victim’s pursuit
of full and fair compensation. Without a seasoned lawyer, these challenges
could very well mean the difference between a full recovery, and receiving
less than you deserve, or even nothing at all. At Rosenberg & Rosenberg,
P.A., our legal team knows how to effectively handle these challenges,
prepare cases thoroughly for the unexpected, and work tirelessly to fight
for the rights and futures of injured riders.
Beginning your legal journey after a preventable motorcycle accident starts
with speaking to the right attorney. Our lawyers have earned a reputation
for success throughout Hollywood, Fort Lauderdale, and South Florida,
and have recovered millions of dollars in compensation for the injured.
You can be confident about placing your trust in our team during these
Get started with a FREE consultation.
Contact us today.