Motorcycle Accident Injuries: How to Navigate Legal Challenges
Not all vehicle accidents are the same, and if you’ve been injured while riding a motorcycle, it’s essential you get a local Houston, TX motorcycle accident lawyer on your claim as soon as possible. That’s because there are some unique challenges you’re liable to face.
3 Unique Legal Challenges Faced During Motorcycle Accident Cases
1. It Can Be Tougher to Prove Liability
The unfortunate truth is that both car drivers and the police tend to have a bias against motorcyclists. Even juries tend to have a bias. Even though motorcycle riders are, generally, polite, skilled, and careful, the common perception is that motorcyclists are reckless; that they speed, make unsafe moves to get around cars, and don’t obey traffic laws.
The first challenge you’re liable to face, then, is overcoming this prejudice so you’re not saddled with fault you don’t deserve and so the person liable for the accident is held responsible. A good motorcycle accident lawyer will be able to help you enormously here, from arguing well on your behalf to coaching you on what to say or what to avoid saying that could confirm someone’s bias. They’ll also make sure the evidence proving what happened is thoroughly presented.
2. It Can be Harder to Get Around
Whatever kind of accident you’ve been in, if you’re struggling with particularly tough injuries, trying to take the right steps to file a compensation claim can seem overwhelmingly hard. You’re in pain, trying to get to doctor appointments, and your life is overturned in general: on top of that, are you going to pile paperwork, court deadlines, legalese, and fighting with insurance companies?
Plus, motorcycle accidents tend to cause more catastrophic injuries than car accidents, for obvious reasons. The fatality rate is 30 times higher than with car accidents, for example, and while only 20% of all car accidents result in injury at all, 80% of motorcycle accidents do. Again, having a lawyer makes all the difference. Your lawyer will take care of your claim, allowing you to rest, focus on healing, and get your life back on track.
3. The Laws Are Special
When it comes to proving liability, how each driver behaved about the relevant traffic laws makes a difference. Some special laws apply to motorcyclists, and you’ll need to understand how these may influence your case. Certain equipment is required on all motorcycles, for example, and if any were missing from yours, it could complicate your case, even if the other driver was entirely responsible for the accident.
There are also special rules about helmets, medical insurance coverage, and operator training certification that might come into play. For example, even if you have completed the Advanced Motorcycle Operator Training Course and are legally exempt from having to wear a helmet, an insurance company may try to argue that you contributed to your injuries by not doing so. It takes an experienced lawyer to work through how everything fits together and fight on your behalf.
Have you been injured in a motorcycle accident involving? Contact The Law Office of Shane R. Kadlec for a free consultation with a motorcycle accident lawyer.
By
Shane R. Kadlec
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Posted on
July 30, 2024
