There’s a very understandable appeal to riding a motorcycle. It’s an adventurous way to go about even the mundane task. Unfortunately, riding a motorcycle isn’t always safe. While being on the road in any vehicle comes with risk, motorcycle riders are particularly at risk because they lack the protection of an enclosed vehicle. When they collide with another vehicle, they don’t have airbags or seat belts to help contain the impact. Riders are more likely to suffer severe and even life-threatening injuries.
At the Law Office of Cohen & Jaffe, our Rockville Centre personal injury lawyers have handled numerous motorcycle accident claims. We know how challenging it can be for riders to recover fair compensation because of the negative bias people have about riders being inherently reckless. Our firm can push back against those stereotypes and help ensure that you are treated fairly and get the best possible results for your claim.
Are Motorcycle Accidents Different From Car Accidents?
One major and important difference between motorcycle accident claims and car accident claims is that motorcyclists are not covered by no-fault insurance. When someone’s involved in a car accident, certain insurance coverage can protect them when it comes to paying for medical expenses, covering lost wages, and covering incidental expenses to a certain degree. However, motorcycles aren’t covered by no-fault insurance, which means that riders can find it challenging to find a way to cover the damages caused by the accident.
Riders tend to suffer severe injuries that often prevent them from working, leading to a loss of wages. Filing a personal injury claim against the other at-fault driver is often the best option for recovering fair compensation.
Why Motorcycle Riders Need a Skilled Personal Injury Lawyer
After an accident, the first concern for many is how they will cover the cost of medical care, especially if their injury prevents them from working. While filing a personal injury claim is never easy, it’s often more challenging for motorcyclists. Many people, including insurance adjusters, consider riders inherently reckless and believe that the rider is automatically at-fault for the accident. Attempting to file a claim without the assistance of a skilled attorney can lead to a quick claim dismissal from insurance adjusters.
The insurance adjuster’s sole purpose is to shift responsibility for the accident away from their client by any means necessary, including using the stereotype of careless and reckless riders to blame the rider. Even when a rider’s claim is approved despite suffering the more severe injuries, the initial settlement offer they’re given is generally low, which comes nowhere near covering the full value of their claim. Fortunately, you don’t need to handle your personal injury claim.
An experienced attorney can utilize their expertise, skills, and resources to advocate for full and fair compensation for your injury and subsequent losses. An attorney handles all the legal work, including:
- Investigating the cause of the accident
- Collecting evidence and witness statements
- Speaking to accident experts
- Assessing your medical injuries with your doctor
- Contacting experts for expert testimony
- Reviewing the other driver’s insurance policy
- Examining the other driver’s driving history
- Negotiating with insurance adjusters
- Representing you in trial, if necessary
Riders are uniquely vulnerable on the road and during the claim process. This is why it’s essential for riders to work with dedicated and trusted attorneys that can even the playing field and ensure that no false blame is pointed at them.
How Is Fault Determined in a Motorcycle Accident Claim?
Liability in motorcycle accident claims, like in most personal injury claims, is based on the legal theory of negligence. There are four main elements that must be proven to establish negligence.
- Duty of care: the law requires that all individuals on the road are responsible for exercising care to prevent causing harm.
- Breach of duty: the driver was not careful and failed to exercise the same care that another reasonable person would in a similar situation.
- Causation: If not for the at-fault driver’s breach of duty, the rider would not have suffered any harm. Causation is about creating a direct link between the at-fault driver’s breach of duty and the claimant’s damages.
- Damages: The rider suffered injuries or losses that require the estimated value of their claim.
A person is negligent when they behave in a thoughtless or careless manner that causes harm to another person. Drivers must take care to avoid causing injuries to others on the road. While the stereotype is that riders are more likely to behave negligently. More often than not, a driver of a car or truck is the one behaving negligently. In the same way insurance adjusters quickly dismiss riders, drivers can do the same. Many motorcycle accidents are the result of drivers failing to look out for riders or expecting the rider to simply move out of the way.
Contact a Skilled Rockville Centre Motorcycle Accident Lawyer Today
Being injured in a motorcycle accident can be an incredibly traumatic and terrifying experience. It can be difficult to tackle a personal injury on top of recovering from the accident. This is why the Law Office of Cohen & Jaffe is proud to be able to help accident victims with their claims. Our personal injury lawyers will handle the legal aspects and provide you with the support you need to get through the process.
The Law Office of Cohen & Jaffe is committed to client satisfaction by prioritizing their needs from beginning to end. We know that as a rider, insurance companies will automatically form their negative opinions, which is why we go the extra mile to be your advocate and ensure you get fair treatment and fair compensation. Complete our contact form to learn more about how we can help you, or contact us at 516-358-6900 to schedule a free consultation.
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For a free legal consultation with a motorcycle accident lawyer serving Rockville Centre, call 516-358-6900