If you are injured in a motorcycle accident as a rider or a passenger, you may wonder how much your personal injury claim is worth. Motorcycle accident claims have unique issues when determining their value.
How Bias Can Impact a Motorcycle Accident Claim
There is a bias against people who choose to ride motorcycles, and when an accident happens, even if another party is responsible, many people still put the blame on the motorcyclist. This has the potential for causing issues with your motorcycle accident claim, including:
- Police statements at the scene may not be accurate. Since the motorcyclist is usually the most significantly injured person after an accident, you may be in no condition to share your side of the story. Witnesses who are biased against motorcycle riders might not give an accurate account of what they saw, putting too much of the blame on you.
- Your jury might be biased. Many people view motorcyclists as irresponsible and negligent. If a jury is hearing your case, some members might automatically assume you are at fault.
- You might get a lower settlement offer. Insurance companies are aware of the bias against motorcycles, and they might use this as leverage to offer less compensation than you deserve.
These problems, while significant, are not insurmountable if you have an experienced motorcycle accident attorney in your corner.
Other Factors That Can Affect a Motorcycle Accident Claim
Other factors than can affect your claim include:
- The severity of your injuries. Minor injuries will likely mean a smaller settlement than if you had more serious injuries.
- Liability. In Virginia, there is a "contributory negligence" rule. This means, if you were found to have played the slightest part in causing the accident, you cannot recover any compensation from the other driver.
- Expenses. These include all expenses related to medical treatment after the accident and any long-term care that might be required.
- Pain and suffering. Emotional stress and quality of life will also factor into the value of your claim.
Call a Virginia Motorcycle Accident Attorney
If you were injured in a motorcycle accident and not at fault, you could be entitled to compensation. Call Kearney, Freeman, Fogarty & Joshi to learn how we can help you build a strong case to get the compensation you deserve.