Motorcycle accidents often result in serious injuries, and riders have the right to seek compensation for their losses. However, motorcycle accident claims come with unique challenges that other accident claims do not. One of the biggest hurdles for motorcyclists is the bias and misconceptions they face, which can impact the outcome of their claims. Many people—including insurance adjusters and jurors—may have preconceived notions that motorcyclists are inherently reckless or irresponsible, making it harder to secure fair compensation.
This blog will explore how bias can affect your motorcycle injury claim and provide useful information on how to protect your rights and file a strong claim.
Understanding Bias in Motorcycle Accident Claims
Motorcyclists often face unfair judgment simply because of their choice of transportation. There’s a stereotype that motorcyclists take unnecessary risks or drive recklessly, which can skew the perception of who is at fault in an accident. These biases can influence insurance companies, law enforcement officers, and even jurors, potentially leading to lower settlements or unfavorable court outcomes.
Common Biases Motorcyclists Face
While not accounting for all, these are the most common biases motorcyclists face when trying to file a claim for compensation:
- Recklessness: Many assume that motorcyclists weave in and out of traffic or speed excessively, contributing to accidents.
- Contributory Negligence: There’s a belief that motorcyclists must have done something to contribute to their accident, even if the other driver was clearly at fault.
- Risk-Taking Behavior: Some people think that simply riding a motorcycle is inherently dangerous, and that motorcyclists accept the risks involved with riding, which can lead to less sympathy from juries or insurance adjusters.
Overcoming Bias with a Strong Motorcycle Injury Claim
While bias may play a role, there are ways to strengthen your motorcycle injury claim and overcome these challenges. By providing clear evidence and working with an experienced personal injury lawyer, you can increase your chances of receiving fair compensation.
1. Gathering Evidence at the Scene
After an accident, gathering as much evidence as possible is crucial to building a strong claim. This includes:
- Photographs: Take pictures of the accident scene, your motorcycle, the other vehicle(s), and any visible injuries.
- Police Report: Ensure that law enforcement is called to the scene so that an official report can be filed. This report can serve as a key piece of evidence in your claim.
- Witness Statements: If there were witnesses to the accident, get their contact information. Their statements can be valuable in corroborating your version of events.
2. Seeking Immediate Medical Attention
Even if your injuries seem minor, it’s important to see a doctor right away. Motorcycle accidents often result in serious injuries like road rash, broken bones, and head trauma, some of which may not be immediately apparent. Having medical documentation of your injuries will be crucial when filing your claim.
3. Working with a Motorcycle Accident Lawyer
An experienced motorcycle accident lawyer will understand the biases that exist and know how to combat them. Your lawyer can:
- Present Clear Evidence: Your attorney will help gather and present evidence that proves the other driver was at fault and that your actions were reasonable.
- Negotiate with Insurance Companies: Insurance companies may try to minimize your compensation by blaming you for the accident. A lawyer will negotiate on your behalf to ensure that you receive a fair settlement.
- Advocate for You in Court: If your case goes to trial, your lawyer will advocate for you, challenging any bias or misconceptions the jury may hold.
What Compensation Can You File a Claim For After a Motorcycle Accident?
In a motorcycle accident claim, you can seek compensation for several types of damages, including:
1. Medical Expenses
This includes compensation for emergency room visits, surgeries, hospital stays, rehabilitation, physical therapy, and any ongoing treatment related to the accident. Given that motorcycle accidents often result in severe injuries, medical costs can be substantial.
2. Lost Wages
If your injuries prevent you from returning to work, you can claim lost wages for the time you missed. Additionally, if your injuries impact your ability to earn a living in the future, you can seek compensation for future lost income.
3. Pain and Suffering
Motorcycle accidents can result in significant physical pain and emotional trauma. You may be entitled to compensation for your pain and suffering, which covers the emotional toll the accident and injuries have taken on your life.
4. Property Damage
You can also seek compensation for the damage to your motorcycle and any personal belongings that were damaged or destroyed in the accident.
5. Punitive Damages
In cases where the at-fault driver’s behavior was particularly reckless or malicious (such as driving under the influence), you may be awarded punitive damages. These are meant to punish the at-fault party and deter similar behavior in the future.
How to Strengthen Your Motorcycle Injury Claim
Filing a motorcycle injury claim requires careful attention to detail and a strong strategy. Here are some key steps you can take to strengthen your claim:
1. Maintain Detailed Medical Records
Keep all medical records related to your injuries, including doctor’s notes, prescriptions, and receipts for any medical treatments or medications. This documentation will be crucial in proving the extent of your injuries and the impact they’ve had on your life.
2. Stay Off Social Media
Insurance companies often monitor social media accounts to find evidence that could be used against you. Even innocent posts can be misinterpreted to suggest that your injuries are not as severe as you claim. It’s best to avoid posting about the accident or your injuries until your case is resolved.
3. Follow Your Doctor’s Orders
Adhering to your doctor’s treatment plan is critical for both your recovery and your case. Failing to follow medical advice can be used by the insurance company to argue that your injuries aren’t as serious or that you’re not doing everything you can to recover.
4. Work with a Skilled Motorcycle Accident Lawyer
Having an experienced motorcycle accident lawyer on your side can make all the difference. Your lawyer will handle the legal aspects of your claim, allowing you to focus on your recovery. They’ll work to prove that the other party was responsible for the accident, gather necessary evidence, and negotiate for fair compensation.
Contact Corradino & Papa – Your Skilled Motorcycle Accident Lawyers in New Jersey
If you’ve been injured in a motorcycle accident, don’t let bias or misconceptions prevent you from getting the compensation you deserve. At Corradino & Papa, our experienced motorcycle accident lawyers understand the unique challenges motorcyclists face and are ready to fight for your rights.
Contact us today at 973-381-1706 or through our online contact form to schedule a consultation and learn more about how we can help with your motorcycle injury claim.