Do the Courts Really Hate Motorcyclists?
Nov. 20, 2022
No, the courts do not hate motorcyclists. I have done very well with motorcycle accidents in terms of recoveries, because if someone is responsible for an accident, the liability is typically very clear and the defendants will typically stipulate liability so that the person was not actually fighting over whether the driver was negligent, did an improper lane change and collided with the motorcyclist. They would rather make the case about something else.
On the other hand, juries sometimes think differently, although they usually do the reasonable and right thing and follow the law. Sometimes jury verdicts may seem strange or hard to understand, because we do not have all the facts, but on the whole, juries apply the law, so if the motorcyclist was not at fault, the law will apply to him the same as it will the driver of any other type of vehicle.
Helmet Or No Helmet, Would That Make A Difference In A Motorcycle Case?
Helmet laws vary from state to state. For example, there is a helmet law in Maryland, but none in Pennsylvania.
Whether such a thing is legal or not is debatable, but juries almost always consider the person’s own responsibility for their injuries in their decision-making, including considering whether or not the motorcyclist was wearing a helmet. If the helmet was an issue, the injuries would be horrendous, including brain injuries or even death; however, it usually isn’t a factor except in more minor types of injuries.
That said, it’s always be better to wear a helmet when riding a motorcycle, although whether it would affect your case would depend on the law and who was responsible. If someone was not wearing a helmet because they were not required to, and they were not the cause of the accident, the defendant would have to deal with the person as he found them on the road and he would be responsible for all of the injuries that were reasonably related to his conduct.
The helmet will only be a factor in the minor cases where they might consider that the person was injured because they chose not to wear a helmet, although in cases where the injured person had concussion, brain injury or brain swelling, the helmet will be irrelevant. The law is the law, and the jury will award whatever was necessary to make the injured party whole.
Can Someone Pay Zero Upfront For an Attorney To Work on a Motorcycle Case?
Attorneys often charge a contingency fee for liability accidents such as personal injury and motorcycle accidents because, if the liability is clear, they can spend the money to prosecute the case and evaluate the level of insurance coverage available.
What Are The Worst Kinds Of Motorcycle Injuries?
A motorcycle injury is the same as one that could happen anywhere, up to an including a fatality, which is the worst thing.
The worst types of injuries common in motorcycle accidents are those to the nervous system, as well as head, back and spinal cord injuries, all of which often affect the plaintiff’s ability to work and result in significant economic and wage losses, in addition to high medical bills.
What Is The Role Of Insurance Companies In A Motorcycle Accident?
The role of insurance companies in motorcycle accidents is much the same as for any other accident. They will be there to determine liability and apply indemnity to their insured in the event that their insured was the cause of the accident. They will also be there to provide first party insurance to their insured if they were injured by another motorcycle rider.
If someone was riding a motorcycle and was injured by another driver with enough insurance, their first party benefits would kick in to pay for wage loss claims, medical damages and other components of their claim, depending on their levels of coverage.
When discussing insurance on motorcycles, it is really important to understand that most motorcycle insurance is different from auto insurance. Most auto insurance policies don’t cover individuals when they ride a motorcycle, unless there is specific language in those policies granting that coverage. The motorcycle rider’s attorney has to know what coverage they have and they will review all insurance policies to make sure they were getting the benefit of all available coverage.
Can Someone Have A Case If They Only Got A Bit Of Road Rash And No Other Visible Injuries?
Yes, the person may still have a case, even with minor injuries, depending on how clear the liability was and whether or not scarring was involved. The road rash can sometimes turn into a scar and sometimes not, but there is always a case if someone else was responsible for the accident.
For more information on Motorcycle Accident Litigation, a free initial consultation is your next best step. Get the information and legal answers you are seeking talk Arnold F. Phillips by calling today.