Motorcycle accidents can have life-altering consequences, leaving victims with severe injuries and substantial financial burdens. In Port Richey, Florida, like in many other jurisdictions, motorcycle accident claims can be complicated to win for various reasons. This blog post explores five key factors contributing to the complexities of motorcycle accidents.
Port Richey is in Pasco County, part of the Tampa Bay metropolitan area. The region, including neighboring cities such as Tampa and St. Petersburg, has a relatively active motorcycle community and hosts various events, group rides, and rallies throughout the year. These events attract riders from Port Richey and surrounding areas who enjoy participating in motorcycle-related activities.
When you are involved in a motorcycle accident due to the negligence of a third party, you are entitled to compensation for medical expenses, pain and suffering, and even loss of income. Although these accidents mostly result in severe injuries and fatalities, motorcycle accident claims can be difficult to prove. Here are five reasons motorcycle accident claims can be difficult to win and why you should get help filing your motorcycle accident claim.
1. Bias Against Riders
One of the most significant challenges when trying to prove a motorcycle accident claim is the stereotype surrounding motorcyclists. Most people view riders as reckless individuals who love overspeeding. But that’s not a fair assumption.
Whenever you get involved in an accident as a rider, the public, insurance adjusters, and even the jury are more likely to be biased when tackling your case due to this stereotype. Your lawyer must defend your interests and fight bias against riders by educating the involved parties.
2. Traumatic Brain Injury is Difficult to Explain
Motorcycle accidents can result in many serious injuries, including bone fractures, head injuries, internal bleeding, burns, and road rash. You can also get traumatic brain injury (TBI), which requires specialists and neurologists to make the right diagnosis due to its symptoms. These include amnesia, confusion, dizziness, inability to concentrate, and speech problems.
The wide range of symptoms can make explaining how the condition impacts your life difficult. What's more, most people do not understand it. Therefore, hiring a lawyer willing to be thorough and understand the effects of TBI life is necessary to prove a motorcycle accident claim.
3. Courts Don't Take Soft Tissue Injuries Seriously
Unfortunately, motorcycle accidents can cause soft tissue injuries despite you wearing protective gear. These injuries affect the muscles and tissues, causing swelling, bruising, nerve damage, and pain. However, the swelling and bruising may not be visible in X-rays or show the true severity of your injury.
Most cases that go to trial due to soft tissue injuries may only attract compensation for medical bills but not for pain and suffering. As such, courts only prioritize catastrophic injuries with clear diagnoses. Therefore, you need an experienced lawyer to prove your motorcycle accident claim.
4. Insurance Companies Are Known to Low-Ball Motorcyclists
When it comes to accidents, insurance companies do their best to ensure the lowest settlement possible. This is no different for motorcycle accident claims. With this in mind, insurance companies usually take advantage of any traffic offense you've committed to negotiate a lower compensation that may not cover your losses.
Some of the ways insurance adjusters can use to reduce your claim value include putting the blame on you or claiming your sustained injuries are from other accidents. Insurance adjusters can also take advantage of unattractive driving records and traffic violation history. It is an intimidation tactic to convince the victims to agree to lowball settlements.
5. Unique Circumstances
Sometimes, the complexity of motorcycle accident claims stems from the cause of the accident. While some motorcycle accidents result from negligence from other drivers and third-party road users, it does not apply to all accidents. Some accidents may also be due to other factors like poor weather or road conditions, mechanical problems, etc. In such cases, it can be difficult to assign fault, yet the burden of proof lies with you.
The uniqueness of every accident can reduce your chances of successfully proving your motorcycle accident claims. You can easily be denied your claims unless the accident is due to the other rider’s distracted driving, overspeeding, or drinking under the influence, which are clear signs of negligence.
Motorcycle accident claims can be tough to crack with all the challenges petitioners must undergo to prove them. It is not uncommon for claims to be denied due to the inability to allocate fault. If you find yourself in such a situation, you should contact a skilled personal injury attorney immediately for help to protect your rights and secure a deserving compensation.