Are Insurance Companies Bias In Motorcycle Injury Claims?
Motorcycle accidents usually happen when a car or truck driver fails to recognize a motorcycle as an oncoming vehicle. Collisions frequently occur when motor vehicle drivers come out from a side street or make a left turn directly into the motorcyclist’s path. Nearly 80% of all contact accidents between motorcycles and other vehicles involve a front-end collision or side impacts.
Playing on the public’s prejudice against motorcycles
Many car drivers and pedestrians hold a biased opinion that motorcycle riders have a defiant disregard for danger and are often to blame for accidents that may happen. This prejudice is one of the reasons why motorcycle injury cases are harder to win.
Defense lawyers for insurance companies rely on the prejudice the general public holds against motorcycles and their riders. They will play this up to try convince the court that you are at fault. An experienced motorcycle accident lawyer has the skill to alter a biased courtroom’s perspective and shift the decision in your favor.
Placing the blame on the motorcyclist as a defense
Insurance companies and insurance defense lawyers usually have the motorcycle rider as their primary focus of a defense. They’ll allege the rider didn’t use evasive action to avoid an accident. They’ll try to persuade the judge and jury that the motorcyclist is at fault for not responding at once to an unlawful left turn or failing to yield to the motor vehicle’s unmindful driver.
Fault is hanged on the motorcycle driver in several ways, which include:
- Not slowing down sooner
- Being on the wrong part of the lane
- Not wearing bright enough clothing
- Failing to wear any protective gear
- Failing to veer out of the way of the offending vehicle
- Driving experience
- Physical disabilities
- Mental condition at the time of the accident
Hanging fault on the motorcycle as a defense
The motorcycle itself is another focus of defense. The insurance company will often have every inch of the motorcycle inspected in search of any added parts, accessories, or after-market modifications that may have affected its handling.
Another way insurance companies put the blame on the motorcyclist is by assessing the motorcycle’s performance. If the bike has loud muffler pipes, the insurance defense lawyer might assert that the motorcyclist’s control was largely affected by their failure to hear and react to the oncoming vehicle’s horn.
Looking for other means to throw fault on the motorcyclist, insurance investigators will even check the damaged motorcycle’s tire pressure, as well as torque on the bike’s different rotating components.
The insurance investigators’ pursuit of crash assessment is nearly limitless. If the motorcycle’s damage or “crash rash” is on its upper portion, the at-fault car driver’s lawyer will state that the motorcyclist had control issues. If the damage is on the motorcycle’s lower portion, the lawyer will put the blame on loss of traction.
Why you need to consult an experienced motorcycle injury lawyer
Insurance companies will do everything they can to avoid paying damages following a motorcycle accidents. Do not give any statements or accept any settlement offers until you consult with an attorney.
Seeking the assistance of a skilled attorney is essential if you want to be justly compensated for your injuries and damage.
An experienced motorcycle injury lawyer has the ability to prevent insurance company lawyers from employing deceitful tactics to avoid paying the just claims of accident victims.
Contact the Riders Lawyer
Robert Hamparyan is not only one of the top personal injury lawyers in Southern California but he’s also an avid motorcycle rider and member of multiple motorcycle-riding communities. So, when it comes to injuries and damage compensation in a motorbike crash, don’t put your faith in just anybody. Our law firm has won nearly every award and recognition in the business.
Hamparyan Personal Injury Lawyers also places a high value on customer service. There will be no sales pitch to pressure you during consultation, just answers to your questions as we explain our process.
Call us at (619) 550-1355 or email us to arrange your free consultation with a lawyer.
Robert Hamparyan is one of California’s most accomplished personal injury lawyers. Hamparyan Personal Injury Lawyers San Diego was founded so that Robert could bring more of his skill and knowledge to personal injury victims in all types of cases. Robert and his team have dealt with semi truck accidents, wrongful death cases, brain & spine injuries, and many other types of personal injury cases with soaring success.
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