When two vehicles get into an accident, compensation comes down to whoever is at fault. However, it’s not always so straightforward when an accident involves a motorcycle. Learn why motorcycle accident cases are more complicated than car accidents and how an experienced motorcycle accident lawyer like the attorneys at Lorenz & Lorenz Accident & Injury Lawyers PLLC can help you get the compensation you deserve if you’ve been injured.
Why Are Motorcycle Accident Cases More Complicated?
Several factors come into play when seeking motorcycle accident damages, which make these cases trickier to pursue. First of all, the damage from a motorcycle accident is almost always more catastrophic. Consider that a car has four walls and a roof, while a motorcycle offers no external protection. For that reason, motorcycles are viewed as a riskier transportation option. In fact, according to the National Highway Traffic Safety Administration, motorcyclists are 29 times as likely to be killed in an accident. This elevated risk comes up in nearly all motorcycle cases.
When reviewing your claim, insurance companies will try to use all of a motorcycle’s risk factors against you. These could include how motorcycles are less visible to cars, more susceptible to road hazards, and ride on less stable platforms. Also, since motorcycles can perform more high-risk maneuvers than other vehicles, such as passing between cars, they will almost always try accusing you of engaging in risky behavior, even if you weren't.
Proving Negligence
Proving negligence in motorcycle cases can be very challenging and another reason why they can be more complicated. Since a motorcycle’s design already makes it a riskier form of transportation, it’s easier for insurance companies to argue that an accident was not a result of negligence but due to motorcycle-related factors. For example, the other side could claim that your motorcycle’s smaller size made it impossible to see, or its unstable platform caused it to lose control.Understanding Duty of Care
Motorcycle accident cases often come down to proving that the other driver somehow violated their “duty of care.” All drivers in Texas must abide by a duty of care law, which holds them responsible for operating their vehicles safely and not putting other drivers on the road in unnecessary danger.
To prove negligence, you must show that the other driver violated their duty of care, that their violation led directly (or indirectly) to your accident, and that the accident caused your injury.
Determining Responsibility
How much of a role you played in causing your accident further complicates motorcycle cases. Texas law uses "modified comparative fault" to determine compensation for damages, meaning the total compensation you’re eligible for depends on how much of the accident was your fault. So if your case is worth $100,000 and you are 30% responsible, you can only get $70,000. Additionally, if you are 51% or more responsible for your accident, you’re not eligible for any compensation at all.Why You Need a Motorcycle Accident Attorney
Navigating the motorcycle accident claims process can be challenging on your own, especially if you’re seriously injured. That’s when you need an experienced motorcycle attorney to take on the fight for you. Our team of motorcycle accident experts at Lorenz & Lorenz Accident & Injury Lawyers PLLC will handle your entire case, so you can concentrate on recovering. So get your free case review from us today. We're on top of it!