Factors That Influence Compensation For Your Motorcycle Accident Injuries
Motorcycle accidents often wreak more havoc on the victims than other auto accidents. This is mainly because motorcycle drivers and passengers lack the regular vehicle’s steel frame and airbag protection.
Though motorcyclists wear jackets, helmets, and other protective gear, this does little to prevent injuries in a serious motorcycle accident. Hence, if a motorcyclist sustains an injury due to the negligence of others, it is only right that such a motorcyclist file for compensation. The compensation will help cover the medical expenses of treating the injuries caused by the accident. However, filing for compensation can be tricky and should be handled by a professional motorcycle accident attorney in Sarasota FL.
A professional motorcycle accident attorney has experience handling insurance companies and understands the laws governing the personal injury compensation process. They also understand the various factors that can influence the compensation for motorcycle accident injuries. These factors can make or mar the compensation an injured motorcyclist can obtain.
Here are some of the factors that can affect the amount of compensation that can be recovered for motorcycle accident injuries;
No Valid Driver’s License
It’s an offense to drive a vehicle without a valid driver’s license. Therefore, if the negligent driver that caused the motorcycle accident has no driver’s license, such a driver will take full responsibility for the accident.
The driver will pay full compensation to cover medical bills and other accident-related expenses in a case like this. However, there’s a major concern about drivers without a driver’s license. These drivers often don’t have a car insurance plan to cover the motorcycle accident injuries’ compensation conveniently. Hence, this could lead to complications when making compensation claims.
The Severity Of The Injuries
In general, the severity of the injury sustained during the motorcycle accident can affect the compensation granted to the victims. For instance, if the injuries sustained during the motorcycle accident caused long-term effects such as paralysis, amputation, or more, the compensation for such cases will be higher. But if the injuries sustained during the motorcycle accident were minor sprains and bruises, the compensation granted will be reduced.
Shared Fault
One other important factor that influences the amount of compensation for a motorcycle accident is shared fault. Various states have several ways of handling shared fault; for some states that use a modified comparative negligence system, if a motorcyclist has at least 50% fault in the cause of the accident, the motorcyclist isn’t eligible to recover any compensation.
Also, in some states such as Florida that use pure comparative negligence, the fault for an accident can be shared among several parties. With pure comparative negligence, compensation is granted based on the level of fault apportioned to the parties involved.
Helmet and Other Protective gear
Protective gears help to reduce the casualties of a motorcycle accident. In some states, motorcyclists must wear a helmet while riding a motorcycle. If a motorcyclist had an accident while driving without a helmet or protective gear, the compensation granted for the injuries might be negatively affected.
Nonetheless, with the help of an experienced motorcycle accident attorney, the injured motorcyclist can still be granted fair compensation for the injuries.
Motorcycle Bias
Though a motorcyclist can fulfill all necessary road safety requirements such as maintaining speed limits, wearing protective gear, and more, such a motorcyclist can still be treated unfairly when making claims for accident compensation. This is often a result of preconceived notions about motorcyclists. Police officers, insurance companies, and judges can get biased when handling motorcycle accident claims. They often assume that motorcyclists are;
- Disorder and members of aggressive gangs
- Reckless drivers
- Ignorance of driving safety rules.
Nonetheless, an experienced motorcycle accident attorney can help navigate the case properly to eliminate several motorcycle biases.
Insurance Company
Insurance companies are usually on the lookout for the weak points of any accident case. They do this to avoid making payments to victims of motorcycle accidents. Insurance companies often make moves that may appear good on the outside but have hidden meaning. Here are some of the seemingly harmless moves insurance companies make;
- An insurance company’s representative can appear understanding and compassionate. Don’t fall for this. Their job is to undermine the intensity of the accident skillfully.
- When an insurance company makes a quick offer after a motorcycle accident, it often indicates that the case might attract more compensation if a motorcycle accident attorney properly handles the case.
Insurance companies are tricky to handle for unprofessional. However, an experienced motorcycle accident attorney knows the tactics of insurance companies and can handle them.
Driving Under the Influence
If the driver that caused the motorcycle accident were under the influence, the negligent driver would be held accountable for the accident. If the driver were found to have over 0.8 blood alcohol concentration (BAC), the case would be in your favor.
DUI is an offense both in the state and federal law; hence, such offenses become serious if the DUI driver causes an accident.
Ensure that you hire a well-versed motorcycle accident attorney that understands how DUI cases work and can use the knowledge to help bargain for higher compensation.
History of Driving And Road Safety Violations
Driving violation is another factor that can influence the amount of compensation given to a victim of motorcycle accidents. If the motorcyclist has a history of violating road safety laws, the compensation for injuries sustained due to an accident caused by another negligent driver will be negatively affected. In simple terms, the credibility of the injured motorcyclist will be questioned, and the court may assume that the motorcyclist contributed to the accident.
What Are The Compensation Available For Motorcycle Accident Cases
The compensation granted for victims of motorcycle accidents covers several expenses such as;
- Medical Expense
- Property damage
- Loss of quality life
- Pain and suffering
- Loss of income
- Other out-of-pocket expenses.
All the factors listed above work together when determining the amount of compensation to a motorcycle accident victim.
