When pursuing monetary compensation after an accident, there are significant differences between motorcycle and car accident claims. From the severity of injuries to determining liability, understanding these distinctions is critical for obtaining a favorable outcome in an 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 car 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.
4 Most Common Differences Between Motorcycle 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.
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, injuries are still more severe in these types of accidents compared to passenger vehicles. From traumatic brain injuries to severe burns, injuries from motorcycle accidents can be life-altering.
2. Insurance Companies, Defense Lawyers, and Jury Biases
Unfortunately, insurance companies try to unfairly exploit the unfair 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, unsafely “split lanes” even though lane sharing is perfectly legal, 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 is more complex than a car accident claim. This is because 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. 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.
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, 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) 554-0624 or filling out our contact form today.