Unique Aspects of McKinney Motorcycle Accident Cases
As motorcycles are an essential part of both American and Texan culture, they also fill their own, unique space in the legal world. Motorcycle accident cases are often litigated differently than car accident cases and may be confusing to a potential plaintiff. If you have been injured in a wreck, an attorney could help explain the unique aspects of McKinney motorcycle accident cases and work to ensure that an injured rider recovers the full compensation that they deserve.
Automobile Accidents Vs. Motorcycle Accidents
The thing that tends to make motorcycle accidents different from other motor vehicle wrecks in McKinney is the fact that there is no passenger compartment to protect the rider as there is in a car. A car offers sheet metal and steel around the passengers and driver, creating a safe zone that does not exist for motorcycles.
As a result, it does not take as intense of a wreck to cause a serious injury to a motorcyclist. The rider is far more likely to be thrown from the vehicle or to experience direct bodily impact with the other vehicle.
Many times, such impact results in broken bones, road rash, and brain injuries. Burn injuries may also occur in these wrecks because riders are exposed to the exhaust system of the motorcycle. It is best for motorcycle riders to take a safety course and learn to drive defensively. While not required by law, defensive driving classes can help riders anticipate and avoid injury.
Inherent Jury Bias
In some motorcycle wreck cases, the jury may have preexisting notions that make them view the event as an unavoidable risk of riding in a motorcycle rather than a negligent action on the part of another driver. Due to the inherent danger of riding motorcycles, many jurors may believe that motorcyclists do not enjoy the same legal protections as other motorists.
Motorcycle accident lawyers must work hard to show that motorcycle accidents are the same as car accidents. They must show the jury that these incidents need to be treated the same way as other car crashes and that the jury should not fault the injured motorcyclist.
Laying a Bike Down
Another aspect of motorcycle accidents that is different than other wrecks is that sometimes the motorcyclist “lays the bike down” in order to avoid colliding with the other vehicle. While riders only do this in emergency situations to avoid a direct collision, laying a bike down is something that can result in terrible injuries in and of itself.
When somebody lays their bike down in Texas, there is a unique aspect of the law that may make them unable to file a claim for underinsured or uninsured motorist coverage that they would otherwise pursue in an automobile wreck. A quirk in Texas case law prevents an underinsured/uninsured claim if there was not physical impact with person that caused the wreck.
Let us say somebody ran out right in front of their lane of traffic and the motorcyclist had no option but to lay the bike down in order to avoid a collision. While they may still suffer serious injuries in their attempt to avoid a collision, they may not actually recover uninsured coverage compensation for their injuries. These cases are difficult because they require a personal injury lawyer to really stretch and ensure that all possible avenues of recovery are exhausted.
What Makes McKinney Motorcycle Accident Cases Unique
The inherent dangers of riding, the higher likelihood of catastrophic injuries, and the frequent biases of juries make motorcycle accident cases difficult to litigate. If you have been injured, an experienced personal injury lawyer who has experience with the unique aspects of motorcycle accidents in McKinney could help you hold a negligent driver accountable. Reach out to an attorney today.