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Attorney Experience Counts in Proving Motorcycle Crash Liability

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By Jim Greene

Published
on January 21, 2011

If you’re an experienced motorcyclist, you know that motorcycles seldom collide with other motorcycles. Usually, motorcycles collide with cars. Often, it’s because the driver of the car overlooked the motorcycle. That’s when you need an attorney experienced in proving the other driver’s liability.

Many people view motorcyclists as risk-takers and assume that, in a crash between a motorcycle and a car, the motorcyclist must be at fault. Police motorcycle accident reports often tell a quite different story, but prejudice against motorcyclist still remains, and can go against you when dealing with insurance companies or having your day in court.

Driver Actions Can Demonstrate Liability

Your attorney’s first task may be to show that the other driver was not aware of you and your motorcycle until it was too late to avoid a crash. If the driver forced you into another lane, into oncoming traffic, or off the road, the driver was not properly compensating for blind spots.

In some cases, a driver following a motorcycle may not take into account the shorter stopping distance of the lighter vehicle and may rear-end a motorcycle.

For some drivers, motorcycles – and even smaller cars – just don’t register in their awareness, even when in plain sight. The best evidence of this is when a motorist turns left in front of an oncoming motorcycle. Similarly, a motorist may pull out of a driveway into the street in front of a motorcycle, another clear case of liability.

Experienced Investigator May Strengthen Case

Your attorney may recommend hiring an investigator with experience in motorcycle accidents. Careful observations and measurements at the scene of the accident, and expert analysis of police reports and witness statements, may help prove your case.

If you’re a motorcyclist who’s been involved in a crash with another vehicle, don’t talk to an insurance company representative or go to court without the help of an experienced motorcycle accident attorney. Other personal injury attorneys may not understand the unique nature of motorcycles, their riders, or the circumstances of a motorcycle accident. To get the financial compensation you deserve for medical bills, repair bills, lost income, and other expenses, you need an expert on your side.

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