Motorcycle Accidents

Navigating the Legal Aftermath of a Motorcycle Accident:
How a Personal Injury Attorney Can Help

Introduction – Motorcycle Accidents and the role of an Attorney

Motorcycle accidents, often unexpected and overwhelmingly traumatic, can leave a lasting impact. Riders embrace the freedom of the open road and understand that a serious accident can abruptly transform passion into a distressing ordeal. The physical consequences of such incidents are not just immediate but can also unfold as long-term challenges, affecting your health, livelihood, and well-being.

At Harsh Law, we understand the unique difficulties faced by those involved in motorcycle accidents. The journey to recovery extends beyond physical healing – it involves navigating the intricate legal pathway of recovery. As experienced personal injury attorneys, we are here to guide you through this challenging process. Our expertise lies in fighting the discrimination facing all riders, addressing the complexities of motorcycle accident claims, advocating for your rights, and ensuring you receive the compensation you deserve.

In this article, we aim to shed light on the crucial role Harsh Law will play in your path to recovery. From dealing with insurance companies to fighting for fair compensation, we stand with you at every step, committed to making this legal journey as smooth and successful as possible.


Understanding Common Motorcycle Accidents Injuries

Motorcycle accidents represent some of the most severe mishaps on our roads, often resulting in significant consequences for those involved. With far less protection from the elements and the forces of impact, motorcyclists are particularly vulnerable in collisions. National Highway Traffic Safety Administration (NHTSA) statistics reveal that motorcyclists are approximately 28 times more likely than passenger car occupants to die in a traffic crash per vehicle miles traveled.

At Harsh Law, we understand that just because motorcycle riders are more vulnerable in collisions, it does not absolve other motorists from driving distracted, recklessly, or aggressively. Drivers of cars, trucks, busses and other commercial vehicles are responsible to operate their vehicle safely, whether driving amongst other cars, motorcycles, or pedestrians.

Drivers must be held accountable when they are at fault and Harsh Law will fight to get you justice.

Common injuries sustained in motorcycle accidents range from road rash and fractures to more severe outcomes like traumatic brain injuries and spinal cord damage. Even with protective gear, the force of a collision causes injuries that often require extensive medical treatment, rehabilitation, and may lead to permanent disability. The long-term consequences are not just physical but emotional and financial as well. Victims often face prolonged recovery periods, during which they may be unable to work, resulting in lost wages and mounting medical bills.

  • Disproportionate Fatalities: According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are about 28 times as likely as passenger car occupants to die in a traffic crash per vehicle miles traveled.
  • Head Injuries: Helmets are about 37% effective in preventing motorcycle deaths and about 67% effective in preventing brain injuries, yet not all riders wear helmets, and some states do not require them.
  • Visibility Issues: Motorcycles are less visible to other drivers due to their smaller size, contributing to accidents. Data indicates that in multiple vehicle accidents, the driver of the other vehicle violated the motorcycle right-of-way and caused the accident in two-thirds of those accidents.
  • Intersection Dangers: Intersections are particularly dangerous for motorcyclists, with the Insurance Information Institute noting that in 2017, 42% of motorcycle deaths involved another vehicle turning left while the motorcycle was going straight, passing, or overtaking the vehicle.


The Legal Challenges in Motorcycle Accident Claims

Motorcycle accidents bring with them a unique set of challenges that distinguish them from other vehicular claims, both in legal and procedural contexts. One of the primary complexities is proving negligence. Establishing fault in motorcycle accidents requires a meticulous examination of the events leading up to the incident. It demands a thorough investigation into the actions of both the motorcyclist and the other parties involved. Proving that the other driver violated traffic laws, or was otherwise careless, is critical to a successful claim.

The intricacies of these cases are further complicated when dealing with insurance companies. Insurers often have preconceived notions about motorcyclists, which can influence the handling of claims. There is a prevalent bias that motorcyclists are inherently riskier than other drivers, a misconception that can unjustly affect the outcome of an insurance claim. Motorcycle accident victims may find themselves battling the stereotype that suggests a predisposition to speed or engage in dangerous driving behaviors, which is not supported by broad statistical evidence.

Understanding the nuances of motorcycle law, insurance policies, and the predispositions of insurers and juries is critical. An attorney must be prepared to confront these biases and advocate vigorously on behalf of the motorcyclist. This involves not only presenting evidence effectively but also educating all parties involved about the realities of motorcycling and dispelling myths that could negatively impact the case.


How We Address Prejudice in the Courtroom

  • Education as a Tool
    We start by educating the judge and jury about motorcycle culture and riding. By providing context on the rigorous training, safety measures, and regulations that responsible motorcyclists adhere to, we aim to dismantle stereotypes.
  • Factual Representation
    We meticulously gather and present data, including national and local statistics, to provide a factual basis for our arguments. This helps to neutralize subjective biases with objective, quantifiable information.
  • Expert Testimony
    Bringing in experts who can offer insights into motorcycle operation and the dynamics of motorcycle accidents helps to clarify misconceptions and provide a professional viewpoint that is hard to dispute.
  • Client Portrayal
    We take care to present our clients not just as motorcyclists, but as the multifaceted individuals they are – parents, employees, and responsible community members – to challenge any one-dimensional characterizations they might face.
  • Jury Selection
    Understanding the demographic and psychographic makeup of jurors is crucial. We strive to select jurors who can be impartial, or those who might be open to seeing past common biases.
  • Cross-Examination Strategy
    If biases arise during testimony, we counter them through cross-examination, highlighting inconsistencies or unfounded assumptions.
  • Accident Reconstruction
    Utilizing accident reconstruction specialists, we can clearly demonstrate how the incident occurred, often revealing that the motorcyclist was the victim, not the cause, of the negligent behavior.


The Role of a Personal Injury Attorney in Your Case

When you fall victim to a motorcycle accident, the path to recovery is twofold: healing from your injuries and seeking justice for the wrongs you’ve endured. A personal injury attorney serves as your advocate and navigator through the complex legal landscape that follows an accident. Harsh Law and our team of dedicated legal professionals can assist your case with the following:

  • Comprehensive Case Evaluation – Every motorcycle accident is unique, and a personal injury attorney begins by thoroughly evaluating your case. This process includes examining the accident report, interviewing witnesses, and gathering evidence. We assess the full extent of your injuries, the impact on your lifestyle, and the potential for recovery, both physically and financially.
  • Proving Negligence – A critical aspect of motorcycle accident claims is establishing negligence. Proving that the other party failed to exercise reasonable care leading to the accident requires a strategic approach to collecting evidence, such as traffic surveillance footage, eyewitness accounts, and expert testimonies.
  • Dealing with Insurance Companies – Insurance companies are in the business of minimizing payouts, and they often employ tactics that can undermine your claim. We are well-versed in these tactics and will negotiate with insurers to ensure you receive fair compensation. Our legal team will handle all communications, counter low-ball settlement offers, and work tirelessly to protect your interests.
  • Litigation Expertise – Should your case go to trial, Harsh Law has experience with litigation and will present your case in court, using the gathered evidence to argue for your right to compensation. Our legal team will cross-examine witnesses, challenge the opposition’s claims, and advocate for the maximum possible settlement for your losses.
  • Addressing Bias Against Motorcyclists – Unfortunately, there is a societal bias that motorcyclists are reckless or prone to risk-taking. We will work with you to provide critical steps in countering this prejudice by portraying the true nature of the accident and your character as a responsible rider.
  • Your Legal Ally – As your personal injury attorney in a motorcycle accident case, we become your ally, dedicating resources and legal expertise to your cause. We stand as your representative, fighting for your rights and for the compensation you rightfully deserve.


Make the call to Harsh Law.

In California, where the roads are thronged with diverse traffic, motorcyclists are sometimes unjustly perceived as reckless or negligent merely due to the type of vehicle they choose. As personal injury attorneys, we are deeply familiar with this bias and are committed to ensuring it does not unjustly impact the outcome of a lawsuit.

Our goal at Harsh Law is to ensure that our clients are judged based on facts, not biases. We believe in leveling the playing field for motorcyclists by addressing and overcoming prejudice at every turn. If you’ve been involved in a motorcycle accident in California, we are here to offer our expertise and support.

Call Harsh Law at (909) 793-6261 today for your complimentary consultation.