Automotive accidents can involve your normal passenger vehicles, semi-trucks, and motorcycles. Each type of vehicle should arguably be considered differently in the courtroom as each one includes different aspects to how they operate, the risks associated with each, and the type of injuries potentially sustainable in an accident.
Therefore, if you are finding yourself facing a personal injury lawsuit involving a car or a motorcycle, it certainly does matter which type of vehicle you were driving. We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
The Type of Injuries
When a driver is riding in a vehicle, he or she has the outside protection of the car in the event of a car accident. In fact, hundreds of engineers and other professionals continuously test and perfect the exterior of the car to keep the passenger more protected in the event of a collision. However, when it comes to a motorcycle accident, there is essentially nothing between the driver and the road.
Yes, the driver may have a helmet, but many states do not require a helmet while driving and many drivers simply choose not to wear one. Regardless, when a motorcycle driver is involved in an accident and is knocked off his or her bike, the driver immediately has contact with the pavement.
Therefore, because of this lack of protection, the injuries can end up being much more severe in nature. Motorcycle accidents can result in injuries that are debilitating and permanent. They also differ in nature.
For example, one common but extremely serious injury from a motorcycle accident is otherwise known as a “road rash.” That does not sound severe, but it can be more painful than a broken bone and can require extensive treatment and lengthy recovery.Therefore, the damages, both compensatory and punitive, can be amped given the severity of the injuries sustained.
The Stigma
It might not be fair, but motorcyclists do face a stigma in society given a certain image people associate with them when they picture a motorcyclist. That stigma can include pigeon-holing them as reckless, irresponsible and rough. It is not fair, yes, and only a handful of drivers actually fit this stereotype.
Most motorcyclists are actually very experienced drivers and follow the rules of the road and are safe drivers.
However, jurors come into court with their own set of preconceptions and prejudices. Attorneys try to weed these out through juror selection by asking jurors about their biases against motorcyclists, but this information may not always be so easy to ascertain.
Many times, if a juror gets through the selection process who has a negative view of motorcyclists, that stigma can unfairly affect the case of the injured motorcyclist.
A Lack of Understanding
Many individuals have never ridden on or driven a motorcyclist. They may have absolutely no idea how they run and how they should be driven. However, a basic understanding of motorcycles is needed to fully understand and determine fault in a collision involving a motorcycle.
One example of this is how speed plays into a motorcycle’s stability. Speed adds to the stability, but speed also gives the impression that the driver is being reckless. So when a motorcyclist accelerates, he or she may be trying to stabilize the motorcycle, but to an untrained mind, it may seem like he or she is trying to speed off past other motorists.
Generally, it is a good idea to have an attorney who understands the ins and outs of driving a motorcycle. It is the attorney’s job to present evidence that educates the jurors on this information so that they can make an educated decision.
Hiring a novice who may not know about these basic facts could hurt you in the courtroom. Therefore, when going to hire an attorney, be sure to interview him or her about background in this specific area.
Contact an Attorney Today
If you were in an accident while driving a motorcycle, you should speak with an attorney to discuss your case. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
