Motorcycle accidents can happen for various reasons, including road hazards, driver errors, or other vehicles. The United States is not a trophy-winning champion in terms of motorcycle ownership.
India takes the cup with nearly 221 million such two-wheelers. Though further down the list with over 8.5 million motorcycles, the craze for this vehicle in the US is rising. People enjoy riding a motorcycle because it offers a new sense of freedom and connection with nature.
However, the speed at which this two-wheeler can move makes it vulnerable to accidents. The compact size and all-round open nature of the vehicle only make it more dangerous.
Now, the cause is not always the motorcyclist’s fault, even if they were driving speedily. The problem is motorcycle crashes often make for a challenging legal case. Why is that? In this article, we will share four main reasons.
The Anti-Motorcycle Bias
Since 2018, the percentage of US households owning a motorcycle has steadily been rising. As of 2024, Statista shares that 15% of Americans aged between 18 and 29 years own a motorcycle. This means Gen-Zers and millennials continue to enjoy motorcycling.
It’s been years since a steady rise, which means Americans are accustomed to their two-wheelers. However, that does not seem to be the case as public prejudices and stigma still exist.
As shallow as this sounds, these prejudices are one major reason why a motorcyclist gets painted in a negative light more often than not. Now, what is the anti-motorcycle bias all about?
Traditionally, a motorcyclist is pictured as an impulsive hothead. The stereotypical motorcyclist is one with a long beard or mustache zipping his way through crowds recklessly. This individual is almost always the member of an unruly gang known to drive too fast, break all rules, and have no care in the world.
Such an image, no matter how ridiculous it seems, often wins over rational thinking. Insurers and even the jury may sometimes believe that the injured motorcyclist is none other than another thrill seeker.
Only an experienced attorney is able to cut through such bias and call out insurers for such tactics. They level the legal ground by gathering solid evidence and accurate representation in court.
Severe Injuries
This one might come across as odd since severe injuries should only make the case stronger, right? That may not always be the case. Let’s understand this using an example.
Nestled within the Washington County of Arkansas, Fayetteville is a vibrant college town. It is most famously known for the University of Arkansas which enrolled over 33,600 students for its 2024 Fall semester.
With a steady flow of young demographics, the town needs to upgrade its transportation regulations periodically. As e-scooters and bikes become more popular, the younger folks are equally showing an interest in motorcycling.
In fact, the town even organizes an annual Bikes, Blues, and BBQ Motorcycle Rally. This has been an ongoing event since 2002. Now, where there are many motorcycles, accidents have also become commonplace.
What if a motorcyclist were to suffer a severe crash in this city? Keith Law Group states that a motorcycle crash is more gruesome due to the open nature of the vehicle. Depending on the crash, chances are the motorcycle driver will sustain severe injuries.
The more serious the injuries, the higher the settlement amount should be. That is logical but the problem with such injuries is that they take longer to heal. Insurers may refuse to make settlements until the victim reaches maximum medical improvement (MMI). This could take anywhere from a few months to even years.
Moreover, most severe injuries are also internal and may take months or years to show up. It becomes difficult to link them to the crash and get fair settlements.
So, it’s not as easy as proving negligence. Without a skilled Fayetteville personal injury lawyer, it becomes extremely difficult to navigate the complexities of negotiation and disputes.
Insurance Policy Limits
Another challenge that arises in cases of motorcycle accidents is the limits on an insurance policy. Some states, like Texas, consider motorcycles to be similar to cars.
This means motorcycles must be covered with a minimum liability limit of $30,000 for an injured person. Only terrain vehicles like dirt bikes do not require insurance because they are not allowed on public roads.
Others like Hawaii rely on personal injury protection (PIP) coverage, which is an optional add-on. The liability insurance coverage will not pay for any passenger expenses following a motorcycle crash.
If a motorcyclist has no PIP coverage, their option is to rely on a negligible claim made against the liable party or healthcare insurance. The victim’s ability to recover costs becomes restricted to the policy limits. An experienced attorney will be able to identify all possible sources of compensation after case evaluation.
Insurer Disputes
The fourth major challenge involved with motorcycle crashes is insurance company disputes. These agencies are looking for profits, not opportunities to make fair payments.
As such, an insurer will look for every possible loophole to undervalue the victim’s claim. Here are some of the common tactics they use –
The company may claim that the victim has not given enough proof against the at-fault party.
They may accuse the victim of not seeking medical attention immediately. Not all injuries show up right after the accident. There’s the risk that the insurer may claim the victim aggravated their injuries by delaying medical assistance.
If the victim’s injury mimics a condition they may already have, the insurer can claim that it was a pre-existing condition. One example of this is whiplash whose symptoms overlap with migraines and TMJ disorders. This is why it is important to not sign any release forms without consulting with a lawyer.
In the final analysis, victims must never succumb to these challenges. They must resist the urge to accept lowball settlement offers, especially if they know they deserve more.
If matters cannot be resolved outside of court, they will find justice before a jury. Throwing in the towel prematurely will only make the victim lose out on fair compensation.