Road accidents are commonplace, sadly. Millions of people die or get hurt in vehicular collisions and crashes every day. Many of these accidents usually comprise motorcycle and car accidents. Though both equally traumatizing, there are elements that set them apart.
It is obvious that motorcycles and cars have entirely different builds, and would, therefore, require different safety measures and lead to different legal consequences. Accidents have legal repercussions that lead to either paying or claiming compensation for damages or injuries.
To further differentiate between car and motorcycle accident claims, it is necessary that we take a look at how both occur in the first place.
Differentiating accident factors?
While a motorcyclist has to confront several of the road-safety dangers faced by automobile drivers, like driving distractions, driving under the influence, and breaking speed limits, there are certain other safety hazards that only motorcyclists have to contend with:
- Weather Condition- Bad weather affects motorcycle riders the most. While seated on a motorcycle, one is totally exposed to the elements, i.e., rain, thunderstorms, scorching heat, dust, and other weather-related conditions. Moreover, wet and slippery roads give little in the way of friction when riders have to make sharp turns.
- Road Hazards- If the road is uneven, has unavoidable potholes, the chances of motorcycle accidents increase.
- Swerving in and out of lanes- Motorcycles have more maneuverability than most other vehicles. But that seeming advantage can lead to a horrible accident if the rider is not careful enough. Constant lane switching is another leading factor behind motorcycle-related accidents.
How do the lawsuits differ?
When you’re filing for an accident inflicted injury claim, knowing the difference between the car and motorcycle claim lawsuits can help you a lot in not only finding the right motorcycle accident lawyer but also help you in successfully claiming compensation for damages and injuries.
Some of the claims that can be made after a road accident include: a personal injury claim, product liability claim, and a wrongful death claim. Claims are generally made on the basis of personal neglect on the part of the accused driver, machine malfunction due to manufacturing error, or road defect due to governmental negligence.
Although the claims remain the same for both motorcycle and car accidents, there are certain differences that make motorcycle claims different from car accident claims:
- Unfair Stereotype–Motorcyclists are often discriminated against on the basis of their choice of transportation. Many people harbor the stereotype that motorcyclists are reckless and have little concern for personal or others’ safety on the road. These biases influence decisions of the jury against the plaintiff.
- Success Rate –A motorcycle accident claim proceeding is much harder to navigate compared to the claim processes for other vehicles. While in car accident claims, 57 percent of the verdicts are announced in favor of the plaintiff, the success rate for motorcycle injury claim is much lower. In approaching a motorcycle accident settlement, the lawyer has to follow an entirely different agenda and set of rules.
- The Severity of the Damage – The damages and injuries encountered by motorcyclists are much more severe than those of automobile drivers. Cars are equipped with airbags, anti-lock brakes, seatbelts, collision warning systems, etc., that provide them extra cushioning against injury in an accident.
Whereas a bike rider’s safety only includes helmets and protective armor. Injuries faced by motorcyclists are far more severe, like first, second & third-degree burns, road rashes, loss of limbs or eyesight, etc.
Issues Regarding Safety Measures–One of the factors that has a significant effect on the motorcycle injury claim is whether or not the rider had taken precautions while riding. If the motorcycle was not well-maintained and had, for instance, worn-out tires or fused headlights, or that the rider didn’t have a helmet on at the time of the accident, then these factors can work in favor of the defendant.
- Insurance Companies–Since the severity of a motorcycle personal injury is often higher than injuries incurred as a result of car accidents, the insurance companies will shy away from offering insurance compensations. Biases and prejudices can get in the way, and it is one of the crucial jobs of an attorney to counter those biases, or at least help juries and defendants to set them aside so that a legal claim for compensation could be made.
Whether a car or a motorcycle accident, both situations are devastating that result in horrific physical, financial, and psychological damages. Injury compensation is a right that cannot be forsaken merely because certain people choose a different mode of transportation than the rest. You can file a claim to get monetary compensation for circumstances like medical expenses, loss of income, vehicle damage, and rehabilitation after emotional suffering. Experienced lawyers can help you take the right steps so that your claims process is successful.