If you drive a motorcycle, then you already know the opinions most drivers have about you. They assume that you like to speed and weave in and out of traffic. They complain that you split lanes and have no regard for the traffic laws. So, it should be no surprise that their fingers point in your direction if you get into a motorcycle accident. Our Annapolis accident lawyers work hard to get our clients the compensation they deserve. It just tends to be a little harder to do this when our client was the one driving the motorcycle.
Why Are There So Many Negative Stereotypes About Bikers?It may not seem fair, but most people have nothing good to say about motorcycle riders. They complain that bikers weave in and out of traffic. Many drivers say that they don’t like to share the road with motorcycles because they can’t see them and are afraid they’ll get into an accident. Even law enforcement complains that a lot of bikers drive on the shoulder or like to split lanes when they’re on the highway or major roadways. They assign the entire month of May to educate people about motorcycle safety on the road. It should come as no surprise, therefore, that everyone points a finger at the motorcycle rider if they’re involved in an accident. Our Annapolis accident lawyers have to find a way to put these thoughts out of the minds of the jurors or the judge. Thankfully, since more than 95% of all motorcycle accident cases settle out of court, it may not come to this. That doesn’t mean that the insurance adjuster we’ll see things any differently. They are much more likely to deny a claim in a motorcycle accident case than other motor vehicle accidents.
Most Drivers Blame the Biker for Their Motorcycle AccidentWhen you initially file your insurance claim, the insurance adjuster will have to make a decision about who was at fault. When you submit your claim you need to include a copy of the police report. This will provide the insurance adjuster with an unbiased view as to what happened. This does not mean that the insurance adjuster will approve your claim. In fact, if the other driver filed their claim first, you would already feel like you’re on the defensive. It would be nice if the insurance adjusters had an open mind when reviewing a motorcycle accident claim. Unfortunately, they are just as biased as the other driver is. This means that your Annapolis injury lawyer will have to work harder and submit more evidence to prove your case than they would in other motor vehicle accident cases.
Your Annapolis Accident Lawyer Will Have to Prove FaultIn order for you to recover damages, regardless of the type of accident you’re in, your Annapolis accident lawyer must prove fault. To do this, they must prove that the other driver was negligent in some way. Negligence requires that you prove the following four things:
- First, you will have to prove that the defendant owed you a duty of care. This should not be all that difficult in a motorcycle accident case. All drivers owe a certain duty of care to other motorists and pedestrians. For example, all drivers must follow the local traffic laws.
- The second thing you must prove is that the defendant somehow breached their duty of care. The easiest way to do this is to submit proof that they were issued a ticket by the police at the accident scene. Short of this, you’ll have to rely on other types of evidence. For example, if a witness saw the other driver texting immediately before the crash, it would go a long way toward proving that the defendant was at fault.
- Obviously, your Annapolis accident lawyer must prove that you suffered injuries. These injuries can be physical or financial. One way to do this is to submit copies of your medical bills and other out-of-pocket expenses. If need be, your attorney can hire an expert witness to testify as to the losses you have suffered.
- Finally, your lawyer must prove causation. This means that they will need to show that the injuries you suffered were directly caused by the defendant’s breach of duty. As long as you go to the hospital immediately after your crash, this should not be a problem. What you don’t want to do is wait too long because then you give the defendant’s attorney the chance to say that something other than the accident caused your injuries.