Motorcycle Accident Cases Aren’t Like Car Accident Cases — And Here’s Why

For most people, traffic accidents are traffic accidents, whether they happen with motorcycles or cars. After all, you still need a vehicle, a roadway, and an insurance company to pay, right? In reality, though, if you’ve ever been involved in a motorcycle crash yourself (or know someone who has), you know this is just not true. This is why motorcycle cases are handled differently. For the injured rider, those nuances can make all the difference between a successful outcome and one that’s less desirable.

Our Santa Ana motorcycle accident lawyers work with accident victims every day. We see how different these cases are and understand why it’s so important to have a lawyer who knows the risks, biases, and other challenges that riders face every day.

Motorcyclists Are More Vulnerable (Physically Speaking)

The first reason motorcycle accidents are different is simple: Motorcycles are more dangerous for the rider. When a crash occurs, injuries are usually more severe because riders do not have the same protections as those in automobiles, such as air bags, steel frames, and seatbelts.

Even riders who wear helmets and safety gear are entirely exposed to the road and surrounding vehicles. For example, instead of a fender-bender ending in a possible whiplash injury, a similar motorcycle crash might result in one of the following:

• Broken bones or fractures from hitting the ground
• Head and brain trauma despite wearing a helmet
• Spinal cord injuries that result in paralysis
• Road rash and severe scarring

Not only do these injuries take longer to heal, but they also incur much higher medical bills. Additionally, because the injuries are often worse, the insurance company will fight harder to avoid paying a fair settlement.

There Is a Bias Against Bikers

One of the significant differences in motorcycle and car accident cases involves an unconscious bias against riders. Jurors, insurance adjusters, and even responding police officers may share similar negative perceptions about motorcycle riders. Such biases can cloud the entire process, making it harder to prove your case. The other driver’s insurer is relying on this bias in order to deny or downplay your claim — even when evidence clearly shows they were at fault.

The Different Dynamics Between the Two Types of Crashes

Motorcycle crashes don’t “look” like car crashes, where two automobiles may collide in a bumper-to-bumper, sideswipe, or head-on accident. Motorcycles are small and behave differently on the road. They are also more vulnerable to road hazards and inattentive drivers. Some of the most common crash types include the following:

• Left-Turn Collisions: A car turns left into the rider’s path because the driver didn’t see the motorcycle or misjudged its speed.
• Lane-Change Accidents: Careless lane changes, for instance, while texting, often lead to collisions because motorcycles are more easily hidden in blind spots.
• Dooring Accidents: Riders are hit by a door being opened without warning.
• Single-Vehicle Wipeouts: Potholes, loose gravel, or uneven pavement can send a motorcycle skidding out of control.

Crash reconstructionists will employ various methods and evidence to recreate what happened. Because the vehicles and laws are different, the accidents themselves are unique.

Insurance Companies Have a Different Approach To Dealing With Motorcycle and Car Accidents

Insurance adjusters are aware that motorcycle accident claims tend to be more substantial than car crash claims. Motorcycle injuries are often greater in severity, resulting in significantly higher payouts for medical bills, lost wages, and future care. Therefore, adjusters will usually take a harder line from the outset, trying to shift some of the blame onto the rider or downplaying injuries. Insurers will use any strategy they can to avoid huge (or even small) payouts. That being the case, motorcycle riders need an accident attorney who can anticipate insurance company tactics and fight back.

California Has Special Laws

California has several motorcycle-specific laws that can affect the outcome of an accident claim. Consider the following:

Lane Splitting: In California, motorcycles can legally pass in adjacent lanes. Still, if you were lane splitting when you got hit, insurance companies will use that against you, saying you were partially at fault for the crash.

Helmet Laws: In California, all motorcyclists are required to wear a helmet. If you weren’t wearing one at the time of the accident, the insurance company will argue that this makes you partially at fault for your injuries.

Comparative Negligence: California is a “pure comparative negligence” state. This means that if you are found partially at fault, your damages are reduced by your percentage of fault. Insurance companies are aware of this, and they will use it to try to move as much blame as possible onto the rider.

Motorcycle Accidents Have Higher Stakes for Riders and Families

A motorcycle is not always just a mode of transportation. For many people, it is also a passion and a lifestyle, and for some, it is a primary mean of getting to work. When an accident happens, much is at stake:

• Long recovery times could mean months without an income.
• Permanent disabilities can cut off careers or future opportunities.
• Emotional trauma like PTSD is common after serious accidents.
• Family members often feel the effects as caregivers or breadwinners who face financial burdens.

The impact of a motorcycle accident can change the lives of an entire family. However, this is not so much the case when there’s a minor car accident.

Why You Need a Motorcycle Attorney Who Understands Riders

Not every personal injury lawyer has extensive experience with motorcycle accident claims. In fact, riders face a number of challenges that call for special knowledge, such as the following:

• Motorcycle-specific crash investigation skills
• Anticipating and countering bias against bikers in settlement negotiations or at trial
• Damage calculations that take into account long-term medical and personal care, loss of mobility, and future income
• Working with accident reconstructionists, medical specialists, and other experts to prove your case

Without an attorney who has these skills, injured riders risk getting far less than they need to make a full recovery.

Let a Skilled Santa Ana Motorcycle Accident Lawyer Help

Motorcycle accidents are not like car accidents. They are more dangerous, involve different laws, and are subject to more bias against riders. This is why riders need not only a lawyer but also an advocate who understands their situation and will fight for them. If you or a loved one has been injured in a motorcycle crash in California, you do not have to face this alone. Contact our office today for a free consultation. We will listen to you and your story, talk about your options, and stand by your side all the way through settlement or litigation, if necessary.