Motorcycle Accident Defenses: Here Are The Top 3 You Should Know
Compared to other motorists, motorcycle riders suffer more severe and even fatal injuries, which may necessitate large compensation. A few things accident victims will be looking forward to from their compensation claim include money for pain and suffering and medical bills. However, many insurance companies fight to ensure that the victims settle for less than what they deserve. This is why it's crucial to work with a lawyer who'll fight for your rights. Here are the common motorcycle defenses they can use when fighting for your case.
1. Motorcycle Prejudice
Motorcycle prejudice is expected in society, but this can sometimes extend to the courtroom. After your motorcycle accident, the defendant may argue that bike riders are reckless and they don't regard other motorists. When this argument arises during your case, your motorcycle accident lawyer will stress your good traits as a motorcycle operator and as a person. This helps paint you in a different light to the jurors because it's not as easy to have prejudice toward an individual as it is an entire group.
2. The Last Chance
All motorists are expected to have the duty of reasonable care. This means that they need to avoid accidents whenever they can. If a car turned in front of you and this resulted in your accident, an insurance company may argue that you had the last chance to avoid the accident. They may state that you are responsible for the motorcycle accident just because you didn't slow down or change lanes.
In such a case, your motorcycle accident law attorney may argue that if you had stopped or swerved, the chances are that you would lose control of your bike. You might have an even solid case if there were adverse weather conditions before the bike crash, which could have made the road wet or slippery.
3. The Helmet Defense
If you're residing in a state where wearing a helmet isn't mandatory for a rider, you can seek compensation even if you're not wearing a helmet. While this is the case, the defense may call doctors to the stand who'll testify that failing to wear a helmet and not the driver's negligence resulted in your injuries. However, besides citing safety statistics, an experienced medical doctor must provide medical evidence to substantiate their claim.
Motorcycle crashes are on the rise, and they often result in severe injuries. Therefore, if you've recently been involved in a motorcycle accident and trying to fight for fair compensation for property damage and injuries, it's worth seeking the help of a motorcycle accident attorney. They'll use the defenses mentioned above to ensure that you get fair compensation.