Each year in the United States, there are around 100,000 motorcycle accidents, resulting in approximately 84,000 injuries and 5,000 deaths. Insurers (and juries) are quick to blame the injured motorcyclist. That’s why it’s important to have a knowledgeable St. Louis motorcycle accident attorney on your side when dealing with the aftermath of a motorcycle accident.
The biggest factors in a motorcycle crash aren’t obvious!
Although Lady Justice wears a blindfold, prejudices always come into the courtroom when you have been injured, and insurers know that. Three common factors that help determine the outcome of motorcycle accident cases are:
- You and your motorcycle
While it can be relaxing and enjoyable to be on the open road, motorcycling is often seen as risky behavior. The other side wants to shift the blame to the biker, and if they can paint you as a stereotypical motorcycle maniac—part of a biker gang or a daredevil on a stunt bike—the other driver’s fault can get lost in the mix. They do this in subtle ways, but the message will be clear—the biker is a bad guy and the good guy shouldn’t have to pay for his injuries. Lack of training or protective gear not only increases the risk of injury, they help the insurer paint a biker as a risk taker. Overcoming prejudice can be more important, and difficult, than proving your case.
- Share of fault
Missouri is a pure comparative fault state, which means that if you are partially at fault for your injuries, you don’t recover all your losses. For example, if the victim is determined to be 20% responsible for the crash, they will only recover 80% of their damages. This is especially important after a motorcycle crash where a split second of inattention can result in a crash without another driver’s negligence.
Motorcycle crashes usually involve serious injuries due to the lack of protection on a bike and the size difference between cars and motorcycles. A low-speed crash on a bike is much more devastating than the same crash in a car. Road rash will be depicted as a scrape or cut but can be life threatening. Besides the physical injuries, motorcyclists are more likely to miss work due to the types of injuries that come from a crash and the lack of protection to their arms and legs.
Spencer Farris rode motorcycles for years. He understands both how motorcycles behave on the road and how the system in the courtroom works after a motorcycle crash. If you have been hurt in a motorcycle accident and want to know what your best options are, contact The S.E. Farris Law Firm to schedule a free strategy session by calling 314-A-LAWYER (314-252-9937) or visit www.FarrisLaw.net today.