Motorcycle accident claims are rarely straightforward. Riders often face bias from insurance companies and even juries. Many assume motorcyclists are reckless, making it harder to prove fault. This bias can lead to lower settlements or even a complete denial of the claim.

However, riders should not be deterred from pursuing an accident claim if they have been injured due to someone else's negligence. Steps can be taken to strengthen their case and increase their chances of receiving fair compensation.

Motorcycle accident attorneys at Garnes Injury Law offer insight into the challenges riders may face when pursuing a claim and how to overcome them. Read on to learn more.

Common Challenges in Motorcycle Accident Claims

While every motorcycle accident case is unique, there are some common challenges that riders may encounter when pursuing a claim. Here are a few examples:

1. Bias Against Motorcyclists

One of the biggest challenges riders face is bias. Many people, including insurance adjusters and jurors, believe motorcyclists take unnecessary risks. This assumption can make it harder to prove liability, even when another driver was clearly at fault.

For example, a driver might have violated California Vehicle Code § 22107, which requires drivers to signal before turning or changing lanes. If a driver cuts off a motorcyclist without signaling, they are at fault. However, the bias against motorcyclists may lead to assumptions that the rider was speeding or weaving through traffic, placing some of the blame on them.

2. Challenges in Proving Liability

Establishing liability in a motorcycle accident is often more complicated than in a car accident. Some common challenges include:

Limited Evidence: Due to the severity of motorcycle accidents, riders may not have time to collect evidence at the scene, making it harder to prove liability.

Faulty Police Reports: Police officers responding to an accident may also be biased against motorcyclists and include inaccurate information in their reports, which can hinder a rider's case.

Shared Fault: In some cases, both parties involved in an accident may share fault. This can significantly impact the amount of compensation a rider is entitled to receive.

3. Insurance Company Tactics

Insurance companies are businesses driven by profits, and they often try to minimize payouts on claims. Some common tactics insurance adjusters may use include:

Quick Settlement Offers: Insurance companies may try to pressure riders into accepting a settlement soon after the accident. These offers are often much lower than what the rider is entitled to.

Delaying Tactics: On the other hand, insurance adjusters may also delay processing a claim in hopes that the rider will accept a lower settlement out of frustration.

Blaming Pre-existing Conditions: Insurance companies might try to blame a rider's injuries on pre-existing conditions rather than the accident itself. This can significantly reduce the amount of compensation they receive.

Overcoming Challenges as a Rider

While these challenges may seem daunting, there are ways for riders to overcome them and strengthen their case. Here are some steps riders can take after a motorcycle accident:
Seek Medical Attention: The first and most crucial step is to seek medical attention immediately after an accident. This not only ensures your safety but also creates documentation of your injuries.

Gather Evidence: If possible, take photos of the accident scene, including damage to your motorcycle and any visible injuries you may have. Collect contact information from witnesses who can support your version of events.

Contact a Motorcycle Accident Attorney: Seeking legal representation is essential in a motorcycle accident claim. An experienced attorney can navigate the complexities of liability and negotiate with insurance companies on behalf of the rider.

Be Mindful of What You Say: Avoid making statements that could be used against you, such as admitting fault or downplaying your injuries. Stick to the facts and let your attorney handle communication with insurance companies.

Stay Patient: It can be frustrating waiting for a claim to be resolved, but it's essential to stay patient and not accept any lowball offers from insurance companies. Trust in your attorney's expertise and allow them to fight for fair compensation on your behalf.

Conclusion

Pursuing a motorcycle accident claim as a rider comes with unique obstacles. Bias, complex liability issues, and insurance tactics can make it difficult to recover fair compensation. Riders must gather strong evidence and seek legal guidance to protect their rights.