Unique Aspects of Frisco Motorcycle Accident Claims
To recover compensation in an injury claim, a claimant must show that the other person or party was negligent in some manner or did something wrong. Following a motorcycle crash, many motorists will argue they are the primary victim instead of the motorcyclist.
A well-practiced injury attorney could argue the motorist’s careless behavior caused the collision with the motorcyclist. However, the unique aspects of Frisco motorcycle accident claims could make this endeavor challenging.
Challenges of Proving Fault in Motorbike Cases
There are several ways that motorcycle accident claims in McKinney are different from other claims. First, even though the same laws are supposed to be applied to motorcyclists as to all other vehicles, juries often treat them differently.
Lawyers in these cases must be very careful to show that the biker was doing everything that they should have done right. That is a practical difference with motorcyclists, as sometimes courts and jury members assume that motorcyclists are the irresponsible party by default.
Another unique challenge in McKinney motorbike cases is that sometimes the operation of motorcycles is a counter-intuitive compared to how someone would operate a car. As a result, reconstructing these accidents to show that the biker did everything they should have done can sometimes be difficult.
This is especially apparent in “near-miss” accidents. For example, if a driver suddenly pulls out in front of a motorcyclist, the biker must either put the motorcycle on the ground or try to weave quickly around the vehicle to avoid the wreck. In the latter situation, the biker may end up hitting something else. Attorneys must show in these cases that the motorcyclist had no choice—that the other driver essentially put them in a difficult situation, and they only had moments to decide how to best protect themselves and others on the road.
Overcoming Prejudice Against Motorcyclists
The claims process tends to be a little different between car accident cases and motorcycle accident cases in McKinney because the insurance companies know that there is a built-in bias against motorcyclists. Typically, the insurance adjusters will not value those claims as highly as they would value the case of someone who suffered the same injuries in a car wreck.
Now, those prejudices can be overcome, but they must be addressed proactively to get full value for the claim. One of the best ways to deal with this kind of prejudice is to demonstrate everything the motorcyclist has done to promote safety for themselves and others while on the road.
This means emphasizing safety training they have had, the use of protective clothing, the upkeep of the bike, and anything else that shows this person has a history of training and service, like military or law enforcement service. It is often critical to develop this kind of evidence early to be able to tell a jury that, while their prejudice may be understandable, in this case, it does not hold true. If legal counsel can show that, claimants may be able to get better results.
Obtain a Lawyer Who Knows the Unique Aspects of McKinney Motorcycle Wreck Cases
If you were hurt in a motorcycle wreck, you might have to overcome a significant amount of bias against motorcyclists to achieve a positive result. By obtaining an experienced attorney with knowledge of the unique aspects of McKinney motorcycle accident claims, you could improve your chances of a successful recovery. To learn more about how a motorcycle accident case may differ from a motor vehicle claim, schedule a consultation with a qualified lawyer today.