The motorcycle accident claim is a type of road traffic claim that general personal injury attorneys often overlook. Motorcycle collisions are inherently complex, and the severity of injuries disproportionately suffered by motorcyclists, combined with the technical complexity of establishing liability, and entrenched judicial and insurance industry bias against motorcyclists, make the need for specialised knowledge more than just beneficial. If you’re looking for a motorcycle accident lawyer, it’s important to recognise that these cases are unique compared to regular road traffic accidents, and to consider how the choice of legal representation can affect the outcome.
The Bias Problem and Its Legal Consequences
It is assumed that motorcyclists are at fault in crashes in which they are involved. This presumption applies at all stages, from the police report to the insurance process and, in litigated cases, to a judge. The assumption of the reckless rider is hardwired into the attitudes that drive the evaluation of such claims, and it undermines claimants from the time the incident is first recorded. A seasoned motorcycle accident attorney knows this bias exists, how to collect evidence to challenge it, and how to present the claim in a manner that directly confronts it.
Injury Severity and the Complexity It Creates
Motorcycle accidents tend to result in injuries that are, on average, much more severe than those in similar crashes involving other vehicles. Without a protective structure around the rider, impact forces are absorbed by the body, resulting in spinal injuries, traumatic brain injuries, complex orthopaedic injuries and road rash trauma, which require long-term medical care and, in many cases, leave permanent disability. Claims of this type of injury are more difficult to value properly, are more likely to require a lot of medical proof and are more likely to be defended by insurers who are aware of the financial risk. In these instances, it is not possible to have an experienced injury claim specialist.
Contributory Negligence and How It Is Used
Motorcycle accident defence attorneys often use contributory negligence to limit liability where they are unable to avoid liability completely. Even when the main fault lies with another road user, it is often alleged that the rider was travelling too fast for conditions, filtering or not taking evasive action. The award is proportionately reduced for every percentage of contributory negligence the claimant receives. A specialist lawyer who is knowledgeable in the specific legal tests used when assessing motorcyclist behaviour challenges these arguments with the technical knowledge and experience of the cases that may be brought to the same dispute that general practitioners may not have.
Technical Accident Reconstruction
Unlike other road traffic accidents, technical accident reconstruction is often needed to determine the exact circumstances of a motorcycle accident. The physics of a motorcycle collision, the braking distances involved, the available sightlines, and the options for evasive action are best illustrated by expert evidence in a disputed case. A specialist practice has established relationships with the most credible evidence providers in this context and understands how to commission and use this evidence effectively within the claim.
Insurance Policy Complexities
Motorcycle policies have terms, exclusions, and conditions that differ from motor policies and affect claims handling. The terms of the policy interact with pillion passenger claims, modifications to the insured vehicle, and the circumstances of use at the time of the accident in ways the insurer may seek to exploit to reduce or deny coverage. A lawyer who has experience in motorcycle claims will be familiar with these arguments, know the rules which govern their validity, and be able to answer them with knowledge and not from scratch during a current claim.
The Long-Term Rehabilitation Dimension
Claims for serious injury in motorcycle accidents need to consider the total long-term effects of the injuries throughout the claimant’s life. The implications of future medical treatment, rehabilitation costs, care needs, loss of earning capacity, and loss of quality of life all need to be expertly valued and carefully legally structured for pursuit. When general practitioners deal with cases whose long-term complexity exceeds their experience, settlements of serious motorcycle injury claims occur regularly, with claimants accepting amounts that seem large but are not truly representative of the lifetime cost of their injuries.
Choosing Representation That Matches the Case
A general personal injury solicitor versus a specialist motorcycle accident lawyer is not necessarily a matter of legal skill, but rather of the experience required in the claims environment and the unique challenges it entails. That distinction has real financial implications for motorcyclists who have suffered a serious accident.
