When a motorcycle collides with a car or truck, the process of seeking compensation might look similar on the surface. However, several important differences can affect how motorcycle collision cases unfold and what challenges injured riders face when seeking compensation.
Why Are Motorcycle Crash Injuries More Severe?
Motorcycles offer far less protection than cars during a collision. While car occupants benefit from seat belts, airbags, and a protective metal frame, motorcycle riders have minimal barriers between themselves and the road. Even a minor fender-bender that might result in no injuries for car occupants can cause life-altering harm to a motorcyclist.
These crashes often result in severe injuries to critical areas like the head, spine, and limbs. Road rash, broken bones, traumatic brain injuries, and spinal cord injuries occur frequently in motorcycle crashes. Moreover, the severity of these injuries typically leads to higher medical bills and more time away from work compared to typical car crash injuries.
Do Motorcyclists Face Unfair Bias?
Motorcyclists often encounter prejudice that can complicate their legal cases. Many people, including insurance adjusters, jurors, and even some judges, may automatically assume that motorcycle riders are reckless or at fault for crashes. This stereotype can work against injured riders from the beginning of their cases.
The reality differs significantly from these assumptions. Operating a motorcycle requires considerable skill, attention, and awareness. Many motorcyclists are more alert and defensive drivers than the average car operator. However, it can be challenging to overcome these deeply held biases within the timeframe of a legal case.
How Do Insurance Companies Treat Motorcycle Claims Differently?
Insurance companies often approach motorcycle crash claims with extra skepticism. They may attempt to offer quick, low settlements immediately after the collision, hoping injured riders will accept before understanding the full extent of their injuries and expenses.
Adjusters frequently try to shift blame onto the motorcyclist, even when clear evidence shows the other driver caused the crash. For example, they might argue that the rider was speeding or not wearing proper protective gear. These tactics aim to reduce the amount the insurance company must pay out.
What Evidence Challenges Exist in Motorcycle Cases?
Gathering evidence in motorcycle crashes can be more difficult than in car crashes. Seriously injured motorcyclists are often rushed to the hospital immediately after the collision, unable to give their account of events to responding police officers. This means the car driver’s version of events may be the only one recorded in the initial police report.
Without the injured rider’s perspective documented at the scene, establishing fault can become more complicated. The police report may contain only one side of the story, potentially making it harder to prove the other driver’s responsibility for the crash.
Motorcycle riders should try to take photos of the scene, their bike, and any visible injuries if they are physically able to do so. Preserving the motorcycle in its post-crash condition can also provide valuable evidence about the severity of the collision.
Are the Legal Deadlines the Same?
Ohio law treats motorcycle crash cases and car crash cases identically when it comes to filing deadlines. Injured parties have two years from the crash date to file a personal injury lawsuit. For wrongful death cases, families also have two years to take legal action.
If you miss these deadlines, you will likely forfeit the right to seek compensation entirely—regardless of the strength of your case.
Contact Us Today To Get the Help You Deserve
While motorcycle crash cases face their own challenges, injured riders still have the right to seek fair compensation for their accident-related losses. The seasoned attorneys at Flickinger Legal Group know how to overcome the obstacles that motorcyclists face in their pursuit of justice. Contact us today for a free consultation.