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How Insurance Companies Defend Motorcycle Accident Cases

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No matter how much we try to protect ourselves from harm, accidents do happen. This is because not all the variables surrounding these unfortunate circumstances are in our grasp.

Maybe you’ve recently been part of a motorcycle accident, or maybe you’re just keeping an eye open for useful information. Either way, reading this article will provide you with key knowledge that might come in useful one day.

Setting Up the Field – The Motorcycle Bias

There is an unfair belief among pedestrians and car drivers that all motorcycle riders are reckless and usually at fault for anything bad that might happen. This is one of the reasons why motorcycle accident cases are much more difficult to win.

Insurance defense lawyers will use this prejudice in order to win the jury on their side. This is why hiring a motorcycle accident attorney is essential. A good lawyer will have the power to change biased courtroom perspectives and shift the field set-up in your favor.

Playing the Game – A List of Defenses

Once inside the courtroom, attorneys representing the insurance company will start crossing arguments off their list of defenses. These will be focused on three main areas of interest.

The Motorcycle Rider’s Profile

In this particular category of arguments, lawyers will try to turn all heads towards the rider’s experience, gear, and potential health issues. Be prepared for the following topics:

  • Was the motorcyclist experienced enough to ride in the given circumstances?
  • Did he perhaps change his motorcycle recently?
  • For how long did he ride his current vehicle before the accident happened?
  • Was his medical profile suitable for using a motorbike?
  • Did he wear protective gear, and clothes that make his presence easy to spot for car drivers?
  • Were the pipes too loud, thus preventing the rider to hear any prevention horns?
  • Was there additional equipment of any kind on the motorcycle? Might they have altered the bike’s functionality in any way?
  • The motorcyclist was too fast or, perhaps, too slow
  • The breaks weren’t properly operated
  • There were issues with the mirrors
  • The rider wasn’t paying attention to the car or driver
  • Maybe there was something that could have been done to prevent the accident, but wasn’t done?

The Motorcycle Itself

If the driver wasn’t at fault, then maybe the motorbike itself had some issues, to begin with. Watch out for situations like the ones flagged below:

The Driving Mistake

Besides trying to find potential misgivings that can be imputed to the rider or his vehicle, the defense attorneys will also try to place the blame on any driving errors that might have occurred. Take a look at the following list of examples:

Final Thoughts

Insurance companies will try everything in their power to avoid paying compensation following motorcycle accidents. Remember not to make any statements or accept any offered settlements before having consulted with a lawyer beforehand.

Having the support of an experienced attorney is crucial, as you deserve to be fairly compensated for your damage and injuries.

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