Motorcycle accidents are different from car accidents due to the distinct nature of these vehicles and the vulnerabilities riders face on the road. Unlike enclosed vehicles, motorcycles lack the protective structure of cars, so riders have a higher risk of being severely injured and dying.
Furthermore, insurance companies and jurors may be more biased when dealing with injured riders, which makes financial recovery more difficult.
At Heninger Garrison Davis, we understand the key differences between motorcycle accidents and car crashes. Our legal team has handled many of these cases and knows how to build a winning legal strategy. You can contact our Birmingham motorcycle accident lawyers today for a free case evaluation.
Riders Are More Exposed to Severe Injuries
Riders are more exposed to severe injuries compared to drivers due to the lack of protective barriers on motorcycles. Unlike drivers in enclosed vehicles, motorcyclists are more vulnerable to the direct impact of a collision.
Common types of injuries suffered by riders in a motorcycle accident include:
- Head injuries
- Road rash
- Fractures
- Spinal cord injuries
- Limb injuries
- Soft tissue injuries
- Internal injuries
- Traumatic brain injuries (TBI)
- Neck injuries
The absence of a protective structure exposes riders to the risk of sustaining serious injuries to various parts of their body, including the head, limbs, and torso. In the event of an accident, riders often experience a higher degree of physical trauma. They may be thrown from the motorcycle or come into direct contact with other vehicles, road surfaces, or obstacles.
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Challenges Faced by Injured Riders in Dealing With Insurance Companies
Insurance companies may exhibit biases against motorcyclists, viewing them as high-risk clients. This bias can result in a more arduous claims process, with claim adjusters sometimes questioning liability or attempting to minimize compensation.
Riders may face challenges in proving the extent of their injuries, as the severity of motorcycle accident injuries is often higher compared to car accidents. Additionally, insurance adjusters might downplay the impact of pain and suffering endured by injured riders.
To protect your interests during negotiations with insurance adjusters, seek legal guidance from an experienced motorcycle accident attorney. Our team is well-versed in the tactics used by insurance companies to devalue or dismiss your claim. We will fight to get you fair compensation, but if adjusters refuse to be reasonable, we are ready to take your case to trial.
Determining Fault After a Motorcycle Accident
The maneuverability of motorcycles and their ability to navigate through traffic might create challenges in ascertaining right-of-way or adherence to traffic rules. Bias against motorcyclists may influence perceptions of who is at fault, and stereotypes can impact the investigation.
Determining fault after a motorcycle accident in a contributory negligence state adds a layer of complexity to the process. In states like Alabama, if a party is found to have contributed in any way to the accident, they may be barred from recovering damages. This standard places a heightened burden on both parties involved in the accident.
Insurance adjusters and legal representatives often scrutinize the actions of the motorcyclist. By seeking immediate legal representation after the crash, you can protect your rights.
Motorcycle Accidents Are More Likely to Result in Fatalities
Motorcyclists are significantly more exposed to the impact of a collision, increasing the risk of catastrophic injuries, including fatal ones. The smaller size and agility of motorcycles also make them less visible to other drivers, contributing to a higher likelihood of accidents.
In 2021, a total of 6,084 motorcycle riders died in accidents, according to the Insurance Institute for Highway Safety (IIHS). This is the highest-recorded number and a 21% rise over the past two years. Deaths from motorcycle crashes were 14% of all motor vehicle accident fatalities.
Filing a Wrongful Death Lawsuit After a Fatal Motorcycle Accident
If you lost a loved one in a motorcycle accident, our wrongful death lawyers in Birmingham offer compassionate legal support to surviving family members. In this case, legal action can be pursued by the decedent’s personal representative or executor.
If the deceased had designated a representative in their will, that individual assumes the role. Alternatively, if no appointment was made, the court appoints someone suitable for the position. However, an exception to this rule exists when the deceased is a minor child.
In such cases, the victim’s father or mother retains the right to file a claim within six months from the date of death. Once this timeframe elapses, the responsibility shifts to the appointed executor to initiate a wrongful death claim.
Wrongful Death Damages
Unlike in many other states, Alabama awards only punitive damages in wrongful death cases. In contrast to compensatory damages, which aim to reimburse the deceased’s family for tangible losses like medical expenses or lost income, punitive damages are designed to punish the responsible party for their wrongful actions.
Our Motorcycle Accident Lawyers Will Help You File a Claim
Heninger Garrison Davis will help you navigate the legal complexities of motorcycle accident claims and protect your rights. Our lawyers understand the unique aspects of these types of cases and plan the legal strategy accordingly.
If you’ve been involved in a motorcycle accident, our experienced attorneys will advocate for your rights and fight to secure a successful outcome. Contact us today to share the details of your case.
