If you got in a collision with a car while riding your motorbike, you may be able to sue for damages over what your insurance company would cover. But, what will influence the outcome of your case? What evidence do you need to show that you are entitled to compensation due to the accident? What distinguishes a Motorcycle Accident Lawsuit from other types of accidents? Here's all that you need to know about it.
What makes motorcycle accident lawsuits unique?
Despite their greatest attempts to avoid a collision, motorcycle riders might be victims of other drivers' recklessness.
To start with, motorcycle riders vary from drivers of cars, trucks, or bicycles. Most people who ride do it not because they have to, but because they enjoy it.
There are practical reasons when it comes to motorcycle riding as a secondary advantage. They're cheaper to buy and repair, easier to maneuver and park, and consume less gasoline, to name a few benefits.
Most riders know that they are at a far higher risk of harm than passengers in passenger vehicles and that the injuries they may sustain in a crash are likely to be far more severe. That is why most motorcyclists ride cautiously.
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Motorcycle riders have a higher rate of fatalities and serious injuries.
As per the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 26 times more likely to die than passenger vehicle occupants in a traffic accident and five times more likely to be wounded.
Motorcycle riders frequently sustain catastrophic injuries, such as traumatic brain injury or spinal cord injury, because they lack the protection of an enclosed vehicle. As a consequence, the stakes in motorcycle accident cases are usually higher.+
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Motorcycles go unnoticed by passenger vehicle drivers
Many drivers are on the lookout for a passenger vehicle and fail to notice or register a motorcycle on the road. When a motorist take a left turn into the path of an oncoming motorcycle at a junction, it is a common reason for motorcycle accidents. Another typical reason is when vehicles fail to notice bikes in their blind zones and merge into them.
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Motorcycles are the most vulnerable to road hazards than automobiles.
Potholes, ruts, loose gravel, and other road obstacles that aren’t as dangerous for larger, more stable passenger vehicles can cause motorcyclists to crash and suffer significant injuries.
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In motorcycle accident cases, anti-biker bias must be overcome.
Even if someone else caused the crash, the cultural bias and reputation of bikers as dangerous and irritable individuals can be a hurdle in the Dallas motorcycle accident lawsuit.
Prejudice can manifest itself in various ways, including jury bias, reduced motorcycle accident lawsuit settlements offers, and even witness testimonies and police reports. It's crucial to have a lawyer who understands that motorcycle riders aren't the same and are willing to fight for their rights.
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Issues regarding whether or not the rider was wearing a helmet
Although it seems sensible to wear a helmet, Texas law does not require it for riders 21 and older who have health insurance and have completed a safety course.
Even if you wore a helmet at the time of the accident, you have a right to reimbursement for your injuries. Such things make it hard for you to receive the motorcycle accident lawsuit settlements you deserve.
Justifying liability and damages in a motorcycle accident case
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Proving liability
To be eligible for compensation, you simply need to show two things. Proving that the other motorist is personally responsible for the accident is the first (and arguably more difficult) of the two.
You must demonstrate that they are at fault in some way and that their actions were the cause of the accident. As you passed them, they may have changed lanes and slammed into you, and perhaps they made an illegal U-turn and cut over your lane in the process. Whatever caused the collision, you must demonstrate that the motorist is to blame.
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Proving damages
The second thing you'll have to show is the other driver's actions caused you to suffer damages and expenses.
Medical bills, invoices for motorbike repairs, and other similar documentation will make it abundantly evident that you have experienced some type of measurable financial loss from the accident.
To Conclude:
If you have suffered injuries in a motorcycle accident, you should contact an experienced motorcycle accident lawyer as early as you can following the accident. When pursuing a Motorcycle Accident lawsuit, you need a lawyer who is empathetic, effective, and committed to getting you the most money possible.
