When pursuing monetary compensation after an accident, there are significant differences between motorcycle and auto accident claims. From the severity of injuries to determining liability, understanding these distinctions is critical for obtaining a favorable outcome in a car or motorcycle accident claim. Speak with an experienced California personal injury lawyer to navigate the complex legal process and hold the responsible party accountable for negligence.
It may be no surprise that motorcycle accidents tend to be more devastating than auto accidents. When you are traveling on two wheels, have less protection against the elements, and are less visible, you are 29 times more likely to suffer a fatality than a passenger car occupant. However, proving fault in a motorcycle accident is generally more challenging, and insurance companies attempt to deny claims due to unwarranted biases i.e., unfairly blaming the motorcyclist.
At Jassim Law, we have over two decades of experience and are prepared to advocate for the maximum compensation you deserve.
Understanding Motorcycle Accidents
Motorcycle accidents can be devastating, often resulting in severe injuries and even fatalities. Unlike car accidents, motorcycle accidents frequently involve unique factors such as road debris, animal collisions, or other hazards specific to motorcycle riding.
The lack of protection and exposure to the elements make motorcycle riders particularly vulnerable. Understanding these complexities is crucial to ensure that motorcycle riders receive the compensation they deserve. Severe injuries from motorcycle accidents can include traumatic brain injuries, spinal cord injuries, and severe burns, which can be life-altering. Recognizing the unique challenges faced by motorcycle riders is essential in navigating the claims process and securing fair compensation.
Causes of Car Accidents
Car accidents can be caused by a variety of factors, with driver behavior being a significant contributor. Distracted driving, such as texting or talking on a phone, is one of the leading causes of car accidents. Additionally, reckless driving behaviors like speeding, failure to yield, and aggressive driving can also lead to accidents. Mechanical defects in vehicles and hazardous road conditions, such as poor weather or road construction, further contribute to the risk of car accidents.
Understanding these causes is vital for car drivers to take necessary precautions and stay safe on the road. By being aware of these factors, drivers can adopt safer driving practices and reduce the likelihood of accidents.
4 Most Common Differences Between Motorcycle Accident Claims and Car Accident Claims
No matter the type of accident, you deserve a skilled San Diego personal injury lawyer to fight for the compensation you deserve. At Jassim Law, we have the resources and experience to navigate the California legal system on your behalf while you focus on recovery. We are experienced in handling any obstacles or challenges in the way of a favorable outcome and will fight tooth and nail to hold liable parties accountable.
Car and motorcycle accidents involve different risks, causes, and injuries, which can significantly impact the personal injury claim process. Generally speaking, the most common differences between a motorcycle and car accident claim include the following:
1. The Severity of the Accident
Though motorcyclists are mandated to wear helmets per California Vehicle Code §27803 and are highly recommended to wear other types of protection while operating a motorcycle, severe injuries are still more common in these types of accidents compared to passenger vehicles. From traumatic brain injuries to severe burns, injuries from motorcycle accidents can be life-altering. Handling cases involving serious injury requires specialized attention and experience.
2. Insurance Companies, Defense Lawyers, and Jury Biases
Unfortunately, an insurance company often tries to unfairly exploit the bias against motorcyclists. Often, insurance adjusters and the lawyers and experts they hire will try to blame the rider for the accident and exploit the prejudices and misconceptions about operating a vehicle of a sporty nature to protect their own bottom line. To ensure your rights are protected, working with a trusted motorcycle accident lawyer can help fight against these unfair insurance stereotypes to obtain the compensation you deserve despite the obstacles you may face in comparison to a car accident claim.
For example, they assume all riders ride too fast and unsafely “split lanes” even though lane splitting is perfectly legal in some states, or they exploit the image of the motorcyclists as some sort of outlaw that doesn’t deserve the civil justice our system intended to provide.
3. Determining Fault
Proving who is responsible for a motorcycle accident claim is more complex than a car accident claim. This is because car drivers often face challenges in seeing motorcyclists, and determining fault can be more difficult. Motorcyclists are subject to specific laws in California and must prove themselves to be completely in compliance to avoid any degree of fault.
Even if a motorcyclist, just like any other motorist or pedestrian, shares some duty for the accident, we are still able to show and prove that the accident is not ENTIRELY the motorcyclists’ fault and that they are still entitled to be treated fairly and fairly compensated for all the harms and losses they’ve suffered.
The unfair bias against motorcyclists comes into play, as it is difficult to establish a motorcyclist as a victim because the insurance companies try to get the jury to see them as some sort of reckless outlaw. While conducting an investigation is essential to both types of claims, car accident claims aren’t subject to this unfair prejudice.
4. The Value of the Accident Claim
The “value” of a claim is entirely dependent upon who is at fault as well as the injuries and subsequent consequences. Serious injuries from motorcycle accidents often lead to higher medical expenses and longer recovery times, which can impact an individual’s ability to earn an income, resulting in lost wages. Settling a personal injury lawsuit for a motorcycle accident can be particularly complex due to the severity of the injuries involved.
Motorcycle accident claims often involve more serious injuries. It’s common for motorcyclists to have longer hospitalizations and miss work due to a long healing process. Working with an experienced motorcycle accident lawyer protects you from being taken advantage of by insurance adjusters so you may recover the compensation you need to aid in your recovery.
Insurance Coverage for Motorcycle and Car Accidents
Insurance coverage for motorcycle and car accidents can vary significantly, impacting how claims are handled. In some states, like New York, motorcycle accidents are not covered under the no-fault insurance system, unlike car accidents. This means that motorcycle riders must file a claim against the at-fault driver’s insurance and prove fault before obtaining compensation.
On the other hand, car accident claims are typically handled through the no-fault system, where drivers file their claims for medical damages with their own insurance companies, regardless of who is at fault. Understanding these differences in insurance coverage is essential to ensure that both motorcycle riders and car drivers receive the compensation they deserve. Navigating these complexities can be challenging, making it crucial to seek guidance from a qualified motorcycle accident lawyer or personal injury attorney.
Preventing Motorcycle Accidents
Preventing motorcycle accidents requires a combination of safe riding practices, proper training, and awareness of potential hazards. Motorcycle riders can significantly reduce their risk of being involved in an accident by wearing protective gear, such as helmets, gloves, and jackets, which can help mitigate injuries in the event of a crash.
Following traffic laws, maintaining a safe speed, and being vigilant about their surroundings are also critical practices for motorcycle riders. Additionally, improving visibility by wearing bright colors and using bright lights can help motorcycle riders be seen by other drivers, reducing the risk of accidents. By taking these precautions, motorcycle riders can enhance their safety on the road and reduce the likelihood of serious injuries.
Contact the Experienced San Diego Personal Injury Lawyers at Jassim Law
If you suffered motorcycle or car accident injuries due to someone else’s negligence, it is crucial for motorcycle accident victims to seek legal help. Speak with the award-winning lawyers at Jassim Law for a case assessment. We will guide you through the California claims process and advocate for your legal rights every step of the way. Our San Diego personal injury attorney, Pajman Jassim, won numerous judgments and settlements against some of the largest defendants for San Diego clients and is prepared to fight for you. We are committed to keeping our communities safer by holding negligent parties accountable.
We understand you are injured, so we come to you. We also offer video, Zoom, or telephone consultations. Schedule a no-cost consultation by calling (619) 613-2811 or filling out our contact form today.