Major Challenges Associated with Motorcycle Accident Claims
Most motorcycle accident claims are resolved during the validation and claim-filing phase, but there are times when settlements require further investigation and even court proceedings. Some of the biggest challenges that impact resolutions are liability issues, the severity of the injury, long or indeterminate recovery periods, and prolonged mental trauma.
Nearly every defendant in a motorcycle accident case swears that they didn't see the rider. Eyewitness testimonies are paramount in winning a court case, along with collision reconstruction experts. The motorcyclist will be scrutinized to make sure that their actions in no way caused or contributed to the accident in even the slightest way.
Motorcycle riders are more vulnerable to injuries or death in the result of a collision. Even beyond the basic force exposure between vehicles, they're susceptible to blunt trauma injuries from being catapulted in the air or dragged along road surfaces. While there are required protective mechanisms in place, the rider is still without safety features like airbags, seatbelts, or a vehicle frame to protect them. Because of the nature of exposure in motorcycle accidents, the injuries tend to be more complex, increasing the claim cost. There are usually multiple surgeries, extensive medical treatment, and potentially even permanent caregivers.
Also, most serious injury claims include pain and suffering damages, which drives up the value of the case. Because the settlement stakes are so high, insurance companies fight harder to dispute claims, as well as minimize the payout to victims.
Prolonged Mental Trauma
Accidents always leave a mark on those involved, and motorcycle accidents imprint particularly deeply on the victim. Those who survive go on to experience flashbacks, panic attacks, and nightmares. While the initial focus is on physical recovery, mental health is often overlooked and under-compensated, as it's difficult to gauge the value based on an incalculable amount of the damage. Any assumptive article introduced as evidence makes winning the case more challenging.
Indeterminate or Long Recovery
Concussions can happen even when a motorcyclist wears a helmet. Traumatic brain injuries can lead to cognitive impairments with deficits in memory and concentration or sensitivity to light and sound. Healing from these issues is a complex and slow victim recovery.
Many motorcycle victims face long recoveries that require expensive and time-consuming treatments. Some even run out of benefits before they're healed. Without stabilization of the client's injuries, it's difficult for experts to predict the long-term consequences of the accident on their life or job.
Ambiguous recovery timelines for the claimant's ability to return to regular activities at work or home make it hard to determine a fair settlement.
Most people, who have never owned or operated a motorcycle before, find it difficult to understand that they can be operated safely. There's a stereotype around the activity which impacts how a juror votes. People are also influenced by mainstream ideas about how riders are thrill-seekers, openly inviting danger. There are, however, many responsible riders that don't speed recklessly through traffic and obey the laws and ride safely. It takes an attorney with a lot of experience to chisel away these preconceived notions.
Every case has different challenges that can impact the resolution, which is why you need to hire an experienced attorney to fight for you. Call George Stein Steelhorse Law to schedule a consultation to represent you in your recent motorcycle accident claim.