What Are the Unique Legal Challenges of Motorcycle Accident Cases?

Motorcycle accidents can be especially challenging. The nature of the exposure that a motorcycle rider faces on the road, combined with public perception of motorcyclists, can make these especially devastating accidents that are hard for a motorcyclist to recover from. It’s important to call a San Antonio motorcycle accident lawyer as soon as possible after your accident to make sure your rights are protected and you have someone with legal experience on your side to help you prove your case.

From a San Antonio Motorcycle Accident Lawyer: Unique Legal Challenges of Motorcycle Accident Cases

Motorcycle accidents differ from ordinary car accidents in two primary ways. The first issue is that motorcycles themselves do not have the protective structure of a car or truck, and that makes motorcycle riders more susceptible to severe injuries than the average driver. The second issue is the public perception that surrounds motorcycles, which often means that motorcyclists are presumed to be at fault in an accident because they are seen as “reckless.” Let’s consider these two challenges in detail and how they influence a motorcycle accident case.

Injuries and Rider Vulnerability

Due to the lack of protective structures, motorcyclists are more vulnerable to severe injuries, such as traumatic brain injuries and spinal cord damage. This means, practically, that motorcycle riders often face higher medical costs and greater long-term care needs. This can make it more difficult to assess the full cost of damages after an accident. More importantly, it can also make insurance negotiations much more difficult.

For one thing, the higher costs of these accidents can cause insurance companies to fight back harder in order to minimize their own financial losses. An insurance company or an at fault driver may also feel that motorcyclist “had it coming” to a certain degree simply because they were not driving in a more protected vehicle. Another complicating challenge is insurance policy limits. The amount that you can recover is always capped by the actual limit on the policy covering the entity responsible for your injuries. Since motorcycle accidents do tend to cause such catastrophic injuries with high cost of care, it’s more likely that you will run into this cap than it might be with an ordinary accident.

Stereotypes and Bias Against Motorcyclists

The second big challenge that motorcycles face is the bias that exists against them. Just by virtue of the fact that they choose to use a motorcycle, they are often seen as being reckless and assumed to be at fault in an accident. You can see this bias creep into everything from the police reports to the insurance assessments. If you have to take a case to trial, you may find that the jury is predisposed against you as a motorcycle rider. You will need to work with an experienced motorcycle accident attorney who knows how to gather evidence to put together a clear picture of what really happened and argue persuasively against the bias.

This issue is particularly a problem here in Texas because of our modified comparative fault rules. These rules state that anyone who is 51% or more at fault in an accident is barred from collecting any compensation. Everyone who is 50% or less at fault can collect, but only after their compensation has been reduced by the same percentage as their fault. Since motorcyclists are often regarded as reckless, even when another party is clearly at fault for the accident, it’s common for them and their insurance company to fight hard to attempt to place as much blame on the motorcyclist as possible in order to reduce the final amount they have to pay out. Because of the bias against motorcyclists, they are often able to do this more easily than they would with the driver of another type of vehicle.

Things That Can Impact a Case

Texas Helmet Laws

Texas Transportation Code 661.003 requires everyone under the age of 21, and anyone over that age who has not completed a safety course or who does not have specific insurance, to wear a helmet. If you are over 21 and have completed a motorcycle operator training course or have health insurance that specifically covers your motorcycle collision injuries, you are not required to wear a helmet.

However, even though the law does not require someone over 21 to wear a helmet under certain conditions, not wearing a helmet can still be considered contributory negligence in an accident. The other side can easily argue that your injury was exacerbated by your failure to wear a helmet, and that they should not have to cover the cost of extra medical damages that you incurred because of your failure to protect yourself. This is a serious issue, and even if you were not violating the law by not wearing a helmet, the “avoidable consequences” doctrine may result in reduced compensation. It’s always wise to wear a helmet: it protects you in more ways than one.

Lane Splitting Confusion

Lane splitting is legal in some states, but it is illegal in Texas. Motorcycles are not permitted to travel up the middle of a lane between vehicles but must stay behind the vehicles, just as if they were any other car or truck. This can cause some confusion for visitors from states, where lane splitting is legal, which is quite common. Even if another driver was driving recklessly or breaking the law, if a motorcyclist was lane splitting at the time of the accident, because of the bias against motorcyclists they are more likely to be held to a higher degree of responsibility than other drivers would in the same situation.

Product Liability

Product liability can sometimes be more of an issue in a motorcycle case than in your average car accident. That’s because you’re not just dealing with the vehicles themselves, like your motorcycle and the other car, but also potentially with other gear related to the incident. For example, if your helmet did not provide the level of protection it was supposed to, then the helmet manufacturer may hold some degree of liability for your damages. It’s very important to work with an experience San Antonio motorcycle injury lawyer who can help you to investigate all avenues of potential compensation, especially if your losses and damages are high due to catastrophic injuries.

Injuries

Motorcyclists are subject to such catastrophic injuries in many cases, and serious injuries can interfere with your ability to prosecute your legal rights effectively. If you’re laid up in the hospital for weeks, dealing with traumatic brain injury, trying to recover from multiple broken bones, or even paralyzed, it can be hard to know where to start in bringing a claim. As soon as possible after an accident, contact an experienced attorney in the area who can take care of these things on your behalf, so you can concentrate on healing.

Motorcycle injuries are particularly devastating, and motorcycle accidents can have a number of complicating factors that make it harder for the victim to get everything they are owed. If you or someone you love has been in an accident, contact the Joe A. Gamez Law Firm, PLC in San Antonio now to start a free consultation. We can also make home and ​hospital visits.