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3 Differences Between Motorcycle and Car Accident Personal Injury Claims

Automotive accidents are all too common in the United States. These incidents put participants at high risk of serious injury or even death. In 2016, traffic accidents claimed approximately 40,000 lives and injured millions, according to the National Safety Council.

The odds for motorcycle riders are even more terrifying. Federal statistics from 2006 show that a there are 35 times more motorcycle rider deaths per mile traveled than car passenger deaths.

While many of the results of motorcycle and car accidents are similar, personal injury claims based on the injuries sustained or lives taken during an accident differ.

In this blog, we list four of the key differences between motorcycle and car accident personal injury claims.

1. Bias Against Claimant

While the law is intended to be an equalizer, certain claims come to the court only to deal with bias. Many judges and jurors have a bias against motorcyclists that they do not have against car owners.

This bias comes from the societal attitude toward motorcyclists. You and your attorney may have to work harder to combat the assumptions that you drove recklessly or irresponsibly when presenting a claim that cites injuries sustained while on a motorcycle than you would if you received those same injuries while in a car.

2. Injury Severity

Fatalities are more likely when you ride a motorcycle, and if you receive injuries while on a motorcycle, the injuries you sustain are likely to be more severe. This difference in injury severity comes from the fact that a vehicle frame provides more protection in a collision than a motorcyclist receives.

When your injuries are more severe, you may be entitled to a larger personal injury settlement. However, because the risks associated with motorcycle riding are well established, you must also prove that you took precautions like wearing safety equipment to prevent injury.

3. Juror Understanding

If a personal injury claim is brought before a jury for the claim validity and settlement amount to be decided, it's vitally important that the jurors understand the situation. In an average jury pool, most jurors will have driven cars. It is less likely that numerous jurors will have ridden on a motorcycle.

This lack of understanding means that your legal representative may have to provide more juror education for the jury to understand the circumstances surrounding the accident. Without this context the jury may not be able to determine whether your actions factored into the accident.

If you have been injured in a motorcycle or car accident through the negligence or recklessness of a third party, a personal injury claim may allow you to recover damages for your pain and suffering, lost income, medical expenses, or other costs.

Discuss the circumstances of your injury as well as the factors based on the type of accident with a lawyer to determine the best way for you to move toward recovery.

To discuss your situation with an experienced personal injury attorney, schedule a consultation at Blomberg, Benson & Garrett, Inc. today.