Injured Bikers and Insurance Companies: Legal Perspectives on Common Myths
After a motorcycle or bicycle crash, you might find a lot of conflicting information about injured bikers and insurance companies. A personal injury lawyer can help you recover the compensation you deserve by debunking common myths with legal insights. Such myths include:
- The bicyclist or motorcyclist is always at fault in an accident.
- Protective gear cannot help in the event of a collision.
- Bicycle/motorcycle insurance is not necessary.
- A motorcycle accident lawyer is too expensive and not worth the price.
Myth #1: Bicyclists/Motorcyclists Are Always at Fault
While motorcyclists and bicyclists certainly can cause accidents through careless behavior, such as speeding or weaving between lanes, they are not responsible for every single accident they are involved in. Car drivers cause many accidents with bicyclists and motorcyclists by:
- Failing to pay full attention to the road, especially at dangerous spots like intersections
- Failing to check blind spots
- Not giving motorcyclists and bicyclists enough space
- Disobeying the rules of the road, such as fully stopping at stop signs
In some cases, a third party, such as a car part manufacturer or motorcycle mechanic, may also share accident liability. A personal injury attorney can explore your legal options for holding responsible parties accountable. When multiple parties share liability, personal injury claims can get complicated. A motorcycle accident attorney can help dispute an insurance adjuster’s determination of fault.
Myth #2: Protective Gear Cannot Prevent Bike Accident Injuries
This is patently false. Data shows that protective gear, including helmets and padded clothing, has prevented countless deaths and serious injuries.
For example, the National Highway Traffic Safety Administration (NHTSA) states that:
- Motorcyclists without helmets represent a significantly higher percentage of fatalities in states without universal helmet laws than in states that do have such laws.
- Helmet usage lowers death rates by up to 37 percent among motorcycle drivers.
- Among motorcycle passengers, helmet usage is even more effective, lowering the death toll by up to 41 percent.
Protective gear cannot guarantee that you will walk away from an accident unscathed, but this does not mean it is ineffective or useless. On the contrary, wearing helmets, reflective clothes, and a thick jacket is the best way you can protect yourself from an injury.
Myth #3: Bikers Do Not Need Insurance
Motorcycle insurance can make it easier for you to collect fort lauderdale motorcycle accident lawyer compensation for medical bills and property damage. The same goes for bicycle insurance.
Whether you decide to purchase bike accident insurance coverage is up to you. Depending on where you live, motorcycle accident insurance may be legally mandated. You can check with an accident attorney or your insurance agent to find out what the laws are where you live.
Whether you need insurance or not, if you file a suit against the liable party, you will probably end up dealing with their insurer. Attorneys are available to help with injured bikers’ insurance claims if you would like assistance with:
- Figuring out what your insurance policy covers
- Talking to either your own insurer or the liable party’s
- Evaluating any settlement offers the insurer makes
Myth #4: Motorcycle Accident Lawyers Are Too Expensive
As an injured party, legal representation can help you seek fair compensation while focusing on your health. Nevertheless, some bikers may be reluctant to pay for an accident injury lawyer because:
- They already have to pay bills for medical care and bike repair.
- They are afraid that bringing in a Miami motorcycle accident lawyer will prolong the settlement process or make the insurer more difficult to work with.
- They think that all lawyers charge upfront fees before they start on a case.
Some personal injury law firms operate on a contingency fee basis, meaning they do not charge upfront fees. They assume the costs of the legal process and take a percentage of your potential compensation.
How a Motorcycle Accident Lawyer Can Help
What a bike accident lawyer can do is:
- Explain how insurance companies and biker claims work
- Charge a contingency fee, so you owe them nothing until you win and you only pay them a percentage of whatever compensation they get for you
- File your case within your state’s statute of limitations, which is usually a few years (in Florida, for example, it is two years, per Florida Statutes § 95.11)
- Negotiate with the insurance company so that you recover a fair amount and do not get stuck with a lowball settlement
- Fight for a jury award in the courtroom, if it becomes necessary to take your case to trial
A law firm can help you by debunking common myths with legal insights—not to mention negotiating hard, which can make it easier to get the money you need. They can tell injured bikers everything they need to know about dealing with insurance companies and building a strong case.
Injured Bikers Can Call Us Today
The Law Offices of Wolf & Pravato have years of experience dealing with injured bikers and insurance companies. Call us at (954) 633-8270 so we can get started debunking common myths with legal insights. Our caring, attentive staff treats each client like a member of our own family.