Insurance companies often try to blame motorcyclists for causing accidents because motorcycles are seen as riskier and more prone to accidents. They may claim the rider was speeding, driving recklessly, or not wearing proper gear – even if the motorcyclist wasn’t at fault. This is a common tactic by insurance companies to avoid paying out compensation.
However, a skilled Edmonton motorcycle accident lawyer can fight these accusations on your behalf. They know how to gather evidence, interview witnesses, and present a strong case to show you weren’t responsible. With the right legal support, you have a better chance of holding the insurance company accountable and recovering fair compensation for your losses.
Ways that Insurance Companies Try and Blame Motorcyclists for Accidents
As a motorcyclist involved in a recent accident, you may find yourself in a challenging situation where insurance companies try to shift the blame onto you. It’s important to understand why insurance companies do this and how they attempt to undermine your claim. By being aware of these tactics, you can better protect your rights and seek the legal help you need.
One of the tactics insurance companies use to blame motorcyclists is by questioning their driving skills. They may argue that you were not operating your motorcycle with the necessary care and caution, suggesting that your negligence resulted in the accident. By doing so, they hope to minimize their liability and avoid having to pay out fair compensation.
Additionally, insurance company adjusters may argue that your actions contributed to the accident. They may claim you were driving too fast, made sudden lane changes, or engaged in reckless behavior. By portraying you as a reckless driver, they aim to shift the blame onto you and reduce their financial responsibility.
Insurance companies also frequently use the argument that the motorcyclist failed to wear proper safety gear. They may argue that your failure to wear a helmet, leather, or other protective gear contributed to the severity of your injuries. By doing this, they attempt to downplay their liability and potentially reduce the amount of compensation you are entitled to receive.
It’s important to remember that insurance companies are driven by profit and will use any means necessary to protect their bottom line. By blaming motorcyclists for accidents, they aim to minimize the amount they have to pay out in settlements. However, it’s important not to let their tactics discourage you from seeking the fair compensation you deserve.
If you find yourself facing these challenges, it’s wise to consult with an experienced personal injury lawyer who regularly handles motorcycle accident cases. A lawyer can gather evidence to counter the insurance company’s arguments and build a strong case on your behalf. They can also navigate the legal process for you to ensure that your rights are protected.
How Other Drivers Cause Motorcycle Crashes
Motorcycle accidents can happen for a variety of reasons. While some people assume that motorcyclists are always to blame, the reality is that other drivers often cause these crashes.
One common way other drivers cause motorcycle accidents is by failing to see or properly assess motorcycles on the road. Motorcycles are smaller and less visible than passenger cars, making them easier to miss in traffic. This can lead to dangerous situations where a driver may change lanes or make a turn without realizing that a motorcycle is nearby. The result can be a devastating collision that leaves the motorcyclist with serious injuries.
Another way other drivers cause motorcycle accidents is by failing to yield the right-of-way. In many cases, motorcycles have the same rights and responsibilities as other vehicles on the road. However, some drivers may fail to recognize this and act as if motorcycles are not entitled to the same courtesy. This can result in drivers failing to yield to motorcycles at intersections or failing to give them enough space on the road, leading to potentially dangerous situations.
Distracted driving is yet another common cause of motorcycle accidents. With the prevalence of smartphones and other distractions, many drivers are not fully focused on the road. Engaging in activities like texting, talking on the phone, eating, or even just daydreaming can significantly impair a driver’s ability to react to their surroundings. For motorcyclists, who already face increased vulnerability on the road, these distracted drivers pose a great risk.
If the other driver’s insurance company is blaming you fully or partially for your motorcycle crash, you should contact a skilled motorcycle accident lawyer right away. Your lawyer can counter the insurance company’s tactics, satisfy the legal burden of proof in your case, and pursue the compensation you need.
Most Common Types of Motorcycle Accident Injuries
When it comes to motorcycle accidents, the injuries that can occur are often severe and life-altering. Motorcyclists are particularly vulnerable on the road due to their lack of protection compared to those in enclosed vehicles. Some of the most common types of injuries that can result from a motorcycle accident include:
- Head Injuries: Head injuries are by far one of the most serious and prevalent types of injuries in motorcycle accidents. When a motorcyclist is involved in a collision, their head is at high risk of impact with the ground, another vehicle, or a stationary object. This can lead to traumatic brain injuries, concussions, skull fractures, and other critical head injuries.
- Road Rash: Road rash refers to the painful skin abrasions occurring when a motorcyclist slides across the pavement after a collision. These injuries can range in severity from minor scrapes and bruises to deep lacerations that may require extensive medical treatment. Road rash can be incredibly painful and may also lead to secondary infections if not properly cleaned and treated.
- Bone Fractures: Fractured bones are another common type of injury that motorcyclists often suffer in an accident. When a rider is thrown from their motorcycle during a crash, they may attempt to break their fall by extending their arms or legs. This can lead to fractures in the wrists, hands, arms, shoulders, hips, legs, or feet. Fractures can be extremely painful and may require surgery or prolonged immobilization for proper healing.
- Spinal Cord Injuries: Motorcycle accidents can also result in severe spinal cord injuries, which can have permanent and life-altering effects. When the spine is impacted during a collision, it can lead to spinal fractures, herniated discs, or even paralysis. These injuries may cause loss of motor function, sensory impairments, and the inability to perform daily activities.
- Internal Injuries: Internal injuries can occur when an accident causes blunt force trauma to the motorcyclist’s body. In motorcycle crashes, the force of impact from the collision can cause damage to internal organs such as the lungs, liver, spleen, or kidneys. Internal bleeding and organ damage can be life-threatening and may require immediate medical attention.
If you have suffered an injury in a recent motorcycle accident, it’s essential to consult with a qualified lawyer as soon as possible. They can provide you with guidance and support to navigate the legal process, ensuring that your rights are protected and that you receive the compensation you deserve – all while you focus on completing your medical treatment.
Necessary Evidence to Demonstrate the Other Driver’s Fault in a Motorcycle Crash
Being involved in a motorcycle accident can be a traumatic experience – especially when victims suffer debilitating injuries as a result. Determining who is at fault requires a thorough investigation, and with the right evidence, you can strengthen your case and demonstrate the other driver’s fault for the crash.
One vital piece of evidence that can help prove the other driver’s fault is eyewitness testimonies. If there were any witnesses present at the scene of the accident, their unbiased accounts of the events can play a significant role in determining fault. Eyewitness testimonies can provide valuable insight into the actions and behaviors of both parties involved in the crash, giving a clearer picture of what really happened. These testimonies can be obtained through interviews or by gathering statements from the witnesses. You should make sure to retain their contact information to facilitate this process.
Photographs and videos are indispensable evidence in showcasing the other driver’s fault. Nowadays, most people have smartphones equipped with cameras, which can be incredibly helpful in documenting the aftermath of a motorcycle crash, including the accident scene, damaged vehicles, injuries, and any other relevant evidence. These visual records can serve as powerful evidence, especially if they capture important details like the positions of the involved vehicles, roadway skid marks, or roadway conditions at the time of the accident. This evidence can help reconstruct the accident and provide a clearer understanding of how the other driver’s actions directly led to the crash.
Medical records and documentation of injuries sustained in the accident can also strengthen your case. It’s important to seek ongoing medical attention following the accident, even if you believe your injuries are minor. Proper medical documentation is vital as it ensures that you receive appropriate care and provides evidence of the injuries you suffered. This documentation includes medical records, diagnostic tests, prescriptions, and any other relevant information related to your medical treatment. By highlighting the injuries you sustained and their severity, medical records can demonstrate the effect of the other driver’s actions on your well-being and establish their fault in the accident.
Additionally, if there were any traffic violations that the other driver committed, it can significantly support your claim. Examples of traffic violations include speeding, running a red light or stop sign, reckless driving, or driving under the influence. If any police reports or citations were issued at the scene, obtain copies of those documents. They will contain valuable information regarding the other driver’s actions and any violations committed, providing concrete evidence of their negligence.
By presenting this evidence, you empower yourself to seek the compensation you deserve and ensure that justice is served. Remember, a skilled lawyer can guide you through this process by obtaining the necessary evidence, negotiating with insurance company representatives, and, if necessary, litigating your case in the court system.
Available Monetary Damages in Motorcycle Accident Cases
One of the main types of compensable damages available in motorcycle accident cases is economic damages. This includes lost earnings or income and loss of earning capacity. Specifically, you may be eligible to recover compensation that you lost while being unable to work after your accident. Similarly, if your injuries prevent you from working at the same job or in the same capacity, and your ability to earn money decreases, you may receive compensation for loss of earning capacity. Your lawyer will work with you, along with economists and medical professionals, to calculate the full extent of these economic damages.
Another type of monetary damage that may be available to you is non-economic damages. These damages are more subjective and cover things like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. While placing a value on these damages can be challenging, an experienced lawyer will use their skills to negotiate for fair and just compensation on your behalf.
Each case is unique, and the amount of damages you can recover will depend on the circumstances surrounding your accident. By consulting with a knowledgeable lawyer who handles motorcycle accident cases, you can have confidence in understanding your rights and pursuing the compensation you deserve. Remember, you deserve to be properly compensated for all of the damages you’ve suffered.
Contact an Experienced Motorcycle Accident Lawyer About Your Case Right Away
If you recently suffered injuries in a motorcycle crash – especially if the insurance company is blaming you fully or partially – you need an experienced Edmonton personal injury lawyer in your corner advocating for you. A lawyer will gather the evidence necessary to prove the other driver’s fault, negotiate with insurance companies on your behalf, and aggressively pursue the compensation you need to become whole again.
Contact a skilled motorcycle accident lawyer in your area as soon as possible about your options. They understand the local and state laws and regulations surrounding motorcycle injury accidents and proving fault, enabling them to assess the damages you have suffered and fight for justice.
