Motorcycle and car accidents should have the same basic legal process and considerations— after all, they both involve drivers, motor vehicles, and injuries.
However, both types of accidents involve a tremendous amount of differences. So many, in fact, it’s essential to categorize them separately.
Below, we’ll go over the reasons why motorcycle accident cases are handled differently throughout the legal process so that you can better improve your chances of receiving a fair settlement offer.
Unique Risks for Motorcyclists
Because motorcycles are smaller, lighter, and less stable than cars, they make riders more vulnerable to serious injuries in the event of an accident. Motorcycles also lack the protective shell of a vehicle, so riders are at a far greater risk for injury and at a much higher risk of those injuries being severe.
Additionally, since motorcycle accidents typically involve much more significant injuries, it tends to impact both the medical and legal aspects of a case. This can include things like higher medical and rehabilitative costs and greater settlement offers due to the amount of damages involved.
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Bias Against Motorcyclists
Unfortunately, motorcyclists are often perceived as reckless, risk-takers, or prone to a life of crime by societal standards. This bias can extend to the courtroom and influence the outcome of a case. Motorcycle accident victims may need to fight an uphill battle to overcome this prejudice to achieve a fair settlement or verdict.
Insurance Coverage Differences
Insurance policies for motorcycles and cars often differ in terms of coverage, limits, and premiums. These distinctions can affect the amount of compensation available to accident victims.
For instance, in South Carolina, Personal Injury Protection (PIP), which can cover medical expenses and lost wages, regardless of who was at fault, is optional for both cars and motorcycles. However, PIP coverage is less commonly purchased for motorcycles, which can impact the compensation a motorcyclist can recover from their insurance company following an accident.
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Different Accident Causes
Common causes of accidents can differ between motorcycles and cars. For example, a common cause of motorcycle accidents is when other drivers fail to see the motorcyclist due to the bike’s smaller size. On the other hand, distracted driving might be a more prevalent issue in car accidents. As a result, establishing liability may require different types of evidence in a motorcycle accident lawsuit versus a car accident lawsuit.
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Understanding the differences in car and motorcycle accident cases is crucial in advocating for just compensation. Motorcycle accidents often require a skilled legal team to navigate the uphill fight to ensure your injury receives the utmost chance at winning a fair settlement amount.
If you or a loved one has been involved in a motorcycle or car accident, Hammack Law Firm is here to help. With extensive experience handling both types of cases, we understand the unique legal challenges each one presents. We’re dedicated to guiding you through the complexities of the legal process, advocating for your rights, and fighting for the compensation you deserve.
Remember, motorcycle and car accidents are not the same. Ensure you have a legal team on your side that understands these differences and knows how to handle them effectively. Contact Hammack Law Firm today for a consultation, and let us help you navigate your case.