Motorcycle riders are exposed to a higher risk of injury than drivers of other vehicles, mainly because of the lack of protection. Even when they’re wearing helmets and following the rules, riders are at a high risk of serious injury in accidents. Motorcycle accidents also lead to long-term physical, emotional, and financial consequences for the victims.
One way for motorcycle riders to reduce the risk of accidents is to understand motorcycle licensing requirements. Traffic regulations are put in place with the safety of road users in mind. However, it should be noted that even with proper licenses and adequate safety procedures, riders can be caught in catastrophic accidents.
If you’ve been involved in a motorcycle accident, the outcome of your claim can depend on a variety of factors. From who was at fault to how well the incident was documented, each factor can influence the result of your accident claim.
In this article, we’ll break down five key factors that can impact the outcome of a motorcycle accident claim:
1. Who was at Fault
One of the most important factors in a motorcycle accident claim is determining who was at fault. Each state has its own set of fault laws that determine how much compensation the victim receives. In states that follow comparative negligence rules, victims are eligible for compensation even if they were partially responsible for the accident. However, the amount will be reduced based on the degree of fault.
For states that follow contributory negligence, victims cannot receive any compensation if they are even partially at fault for the accident. It’s also important to note that some insurance policies cover damages no matter who was at fault, but that depends on the type of policy the victim has signed up for.
2. Severity of Damages
The extent of injuries the victim suffers in a motorcycle accident has a great impact on the outcome of the case. Typically, the more severe the injuries, the greater the cost of medical care, and victims have a legal right to recover compensation for these costs. Victims are also eligible for long-term cost of care when injuries have a long-lasting impact.
Victims are also eligible for property damage costs, including repairs to their motorcycle. In order to recover the full extent of damages, it’s essential to document the damages clearly.
3. Insurance Companies
Insurance companies are known to follow shady practices to minimize the value of a payout. This includes things like taking victims’ statements out of context, tricking them into accepting early settlements that don’t take into account the full value of damages, etc. The extent of coverage provided by a victim’s insurance policy can also affect how much damage they’re entitled to.
4. Quality of Evidence
In order for a motorcycle accident claim to be taken seriously in court, the evidence has to be solid. This means documenting the victim’s injuries and including things like doctor’s notes, the cost of medication, hospital visits, surgeries, rehabilitation, and so on. Having photos, videos, or witness statements of the accident can strengthen the value of your claim.
5. Legal Representation
Whether a victim has legal representation or not has a great bearing on a case. An experienced lawyer will have a clear idea of how to approach a case and all the requirements, including deadlines for submission of evidence and damages victims may be entitled to. Victims generally have a better chance of being taken seriously if they hire competent legal representation.
On their own, however, they may not pay attention to legal clauses that can affect the validity of their claim.