Motorcycle accidents contribute to thousands of fatalities and tens of thousands of injuries each year in the United States. Thus, as a motorcyclist in the state of South Carolina, an accident involving serious injury is something you must prepare for.
However, one common misconception among both motorcyclists and motor vehicle drivers is the idea that motorcycle accident claims are similar to car and truck accident cases. Although there share some of the same aspects, motorcycle accident cases are complex by a variety of unique factors.
The following are the top four unique challenges of motorcycle accident lawsuits:
- The negative perception of motorcyclists. Bikers are often viewed negatively in regards to litigating a personal injury suit. Because motorcyclists typically avoid traffic by weaving through it or splitting lanes, many people consider this type of behavior as reckless and even negligent.
- Injuries are generally more serious. In most cases, motorcyclists often suffer more severe injuries compared to someone involved in a car accident. The obvious explanation is that a motorcyclist does not have the same amount of protection to shield them from bodily harm. An attorney needs to determine the level of compensation that a person should recover due to these issues.
- A lack of documentation from the scene of the accident. Since motorcyclists typically sustain more serious injuries compared to drivers of cars and trucks, it may not be possible to gather all of the information necessary to succeed in a personal injury claim. Not only can an injured motorcyclist rely on a police report for any information regarding the accident, but visiting a doctor immediately after the injury can help document the full extent of the injuries.
- Juries are typically not familiar with motorcycle operations. Most people find themselves unaware of the mechanics of motorcycles and how motorists tend to have better control over a motorcycle while moving. Safe operation practices are relayed to the jury to help determine liability.