How Do Motorcycle Accident Claims Differ from Other Accident Claims?

When it comes to vehicle collisions, those involving motorcycles may be the most devastating. Accidents involving motorcycles can result in more severe injuries, have greater long-term consequences, and be more legally and financially complex than a typical car accident.

If you’ve experienced a motorcycle accident, you might find yourself tied up in messy insurance claims, struggling to cover your medical costs and other damages. An experienced New York motorcycle accident attorney can advocate for you and help you receive compensation to support your recovery.

In this blog, we’ll discuss the additional challenges that motorcycle accident claims can have compared to car accident claims. But if you need help and want to talk to one of our attorneys now, please don’t hesitate to call us at (716) 854-0700 or fill out our online contact form.

What factors can complicate motorcycle accident claims?

Any vehicle accident claim can be complex, but there are often more than the usual number of factors for determining fault when a motorcycle is involved. Accidents involving motorcycles also can be more dangerous, involving greater injury or increased fatalities.

The following factors can impact the results of a motorcycle accident claim.

Vulnerability of motorcycle riders

Unlike automobile drivers, motorcycle riders don’t have the structure of a vehicle to help protect them from impact. Unfortunately, this lack of protection can have dire consequences.

According to the National Highway Safety Administration, motorcyclists accounted for about 15% of all United States vehicle accident fatalities in 2023. Considering motorcycles make up only about 3% of all registered vehicles on the road, that 15% figure is significant.

If a motorcycle accident results in a fatality for the rider, the family members of the deceased may be eligible for wrongful death compensation. While monetary compensation in no way makes up for the loss of a loved one, it can help with such financial burdens as:

1. Lost wages and future earning capacity. Such compensation can provide for the deceased’s dependents, such as their spouse and children.
2. Covering the costs of grief counseling and psychological treatment for those who have lost a loved one through a traumatic accident.
3. Covering costs associated with burial rites and funeral arrangements for the accident victim.

Severity of injuries in motorcycle accidents

Motorcyclists’ injuries are often more severe than in typical vehicle accidents. Traumatic brain injuries and damaging burns or skin abrasions from pavement are common.

The costs of medical care and recovery can be significantly higher for motorcycle accident victims than for car accident victims. Insurance companies will likely contest any claims in order to avoid having to pay these higher expenses. A skilled motorcycle accident lawyer can pursue your claim to help you get the compensation you need to recover.

BLOG: How Insurance Companies Try to Downplay a Brain Injury from a Car Accident

Bias and stigma around motorcycle riders

Motorcycle riders can often be perceived as reckless drivers, daredevils, or thrill-seekers. Law enforcement, insurance adjusters, or others involved in determining the outcome of a claim may rule against the motorcyclist involved in an accident due to those biases.

This stigma is often wildly unfair, but we have had to deal with it often. Having an experienced motorcycle accident attorney on your side can help battle these biases with good evidence and persuasive negotiations.

Road hazards

Motorcycles are more vulnerable to certain road hazards than cars, such as gravel, slippery roads, and ruts.

If any of these hazards were present at the time of the accident, an insurance company may try to pin the cause of the accident solely on them. The more they can assign causes outside of their responsibilities, the less compensation they will have to pay out.

What to do if you or your loved one have experienced a motorcycle collision

If you or a loved one have been in an accident while operating a motorcycle, it’s important that you take the following steps for your wellbeing:

Seek medical care

Even if you do not appear injured after a motorcycle accident, be sure to be seen by a physician anyways. Shock and adrenaline immediately after a collision can mask symptoms like pain. You could have internal injuries or bleeding that you may not be aware of, which a proper exam can identify in order to avoid delays in treatment.

Keep all related medical records

Be sure to keep all medical records related to your motorcycle accident in a safe place where you’ll be able to find them easily. This includes documentation of initial exams or emergency room visits, follow-up treatments, physical therapies, psychological counseling, and any other accident-related care. Your attorney can use these records as evidence when negotiating with insurance companies or going to trial, if needed.

Seek legal representation

A New York motorcycle accident lawyer can help you navigate complex insurance claims and advocate for your rights.

Why hire a motorcycle accident attorney?

Motorcycle accidents can leave riders with long-term injuries or families without their loved one. At Feroleto Law, our New York motorcycle accident lawyers can help victims get the compensation and justice they deserve. Insurance claim compensation can cover necessities such as medical care, physical and occupational therapies, lost wages, long-term care, property damage, and pain and suffering.

Our motorcycle accident lawyers have access to additional resources to fully assess the motorcycle accident and its effect on your life. These include:

• Accident reconstruction specialists who can help illustrate exactly how the accident occurred and determine who was at fault, which can be particularly challenging when it comes to motorcycle accidents
• Medical specialists who can evaluate your injuries and account for any physical changes to quality of life, as well as short-term or long-term care needs
• Economic experts who can help calculate the amount that accident recovery will cost over time

With these experts, our attorneys can paint the clearest picture of your accident and its effects on your life, helping you receive fuller compensation for treatment or long-term needs.

Contact Feroleto Law

If you or your loved one have experienced a motorcycle accident in Buffalo or anywhere else in New York State, our attorneys can help you get the compensation you need to get your life back. Call our office at (716) 854-0700 or fill out our online contact form to schedule a consultation. Our consultations are completely confidential and complimentary.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Sources:

https://www.nhtsa.gov/road-safety/motorcycles

https://pmc.ncbi.nlm.nih.gov/articles/PMC9458329/