Common Challenges in Motorcycle Accident Cases

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 240 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 difficult times.

Get started with a FREE consultation. Contact us today.