Getting into a motorcycle accident is scary and overwhelming for most people. Filing a personal injury claim from a motorcycle accident also presents challenges that can make a claim more complex. Our team has put together this article to explain the top three challenges faced by motorcycle crash lawyers in Calgary and their clients when attempting to file a motorcycle accident claim.
#1 Motorcycle Accidents and Severity of Injuries
Most motorcyclists sustain severe, life-altering injuries when they get into an accident. In comparison to the occupants of a truck or car who have the protection of the vehicle frame, airbags, and seat, a motorcyclist is much more susceptible to serious injury due to the risk of being thrown from the bike as a result of the crash. While protective gear such as helmets and knee pads can lower the risk of serious injuries such as brain damage, the chance of serious personal injury or death cannot be entirely eliminated. As well, there is a large risk that a motorcyclist will sustain injuries to other parts of their body, such as permanent scarring to their legs and arms, damage to their spinal cord, and fractured or broken bones.
#2 Bias Against Motorcyclists and Liability Disputes
Since motorcycle accident injuries are typically extremely serious, the payout from a personal injury claim can be substantial. Often, insurance companies will fight hard to minimize the amount of compensation they must pay to the accident victim. One way companies will try to do this is by disputing who is liable for the crash. The company will state that the motorcyclist is at fault, and the motorcyclist’s actions will be examined to determine if they are at all liable for the accident.
Most individuals have never ridden a motorcycle and will make false assumptions about motorcyclists due to negative stereotypes such as “motorcyclists are reckless.” A motorcycle accident lawyer in Calgary can tell you that, in truth, most motorcycle accidents are caused by inattentive or careless truck or car drivers who do not check their blind spots or who turn in front of motorcycles without indicating. As well, a lot of motorcyclists are injured by cars attempting to share a lane with them.
When an insurance company denies liability, your motorcycle accident lawyer near you must gather evidence from witnesses or an accident reconstruction expert to determine the exact cause of the crash.
#3 Accusations of Contributory Negligence
Another way that insurance companies will try to lower the amount of compensation they have to pay is by alleging that the motorcyclist has contributed to their own injuries by failing to take reasonable safety precautions. For instance, if the motorcyclist has a head injury or brain injury from the crash, an insurance company may claim that the motorcyclist failed to wear the correct safety helmet and, as a result, are partially at fault for their own injuries. It is important to know that this is fact-specific, and the insurance company has to prove that the motorcyclist could have avoided or lessened the extent of their injuries using things such as medical evidence.
Motorcycle accident claims can be challenging and complicated, and it helps to have the guidance of an individual who is familiar with motorcycle crash law in Calgary. If you have been injured in a motorcycle accident, speak to our team of motorcycle crash lawyers near you. Our lawyers have the knowledge to help you navigate the complexities and unique challenges of motorcycle accident personal injury claims. Please contact us today to book a consultation with one of our lawyers.