Five Differences Between Automobile and Motorcycle Accident Law
By Space Coast Daily // December 20, 2018
While most people know the basics of motorcycle accident law, they probably do not understand the most complicated aspects of it.
One of them is how motorcycle accidents differ from those of the automobile variety. Below, we go over a typical car accident situations, tell you the similarities between the two types of cases, and present the five crucial differences that you should know about.
A Typical Car Accident Progression
The following steps describe the process of a typical car accident case.
- If you need emergency health services, call an ambulance and get to the hospital as quickly as possible.
- If your health is not in immediate danger, you can move on to collecting evidence at the scene. The most crucial of it is photos of the vehicles involved and the areas surrounding the collision.
- Once you have your evidence, you can take it to a local motorcycle accident attorney and see what your chances of obtaining compensation look like. If they are high, you will start to pursue benefits.
- Lastly, your lawyer begins the legal proceedings by officially opening a lawsuit. From here, your attorney will do most of the legwork and only come to you for guidance and crucial decisions.
The Similarities Between Them
If you get into an accident involving a motorcycle, the process you go through will be roughly the same. You will, of course, need to call emergency response if your health is in jeopardy.
If it isn’t, you can move on to the next three steps. As far as liability and the rules that govern compensation, the two systems are the same. The differences come in the form of auxiliary details and overarching trends.
The 5 Crucial Differences
As you can see, motorcycle accidents are very similar to those involving only automobiles. Still, the following differences are worth knowing about.
- Emergency Response – Though people sustain severe injuries in crashes all the time, the majority of them do not end with a trip to the hospital. This trend is not true of motorcycle cases, as a bike has significantly less protection than a car. The result is collisions that more frequently require emergency response.
- Bias – While entirely unfair, there is a stigma against motorcyclists. People tend to think that they are daredevils who split lanes, drive too fast, and live dangerously. The truth is that most riders are safer than drivers because they know how easily that can get hurt. Still, this idea could affect the drivers involved, opposing insurance company, judge, or jury. Each of them can have a significant effect on your case, so this bias is no trivial matter.
- Specialization – While any car accident lawyer will likely do a fine job on your case, you will fare better if you work with one that has a history with motorcycle claims. Doing so will give you a person with hands-on experience, rather than one that is operating out of their specialty.
- Injury Severity – When two cars get into an accident, it is a collision of two steel boxes that are outfitted with seatbelts, airbags, and other safety equipment. When a motorcycle is involved, the person on that bike has almost no protection against the much heavier cars that hit them. The unfortunate result of this dynamic is severe injuries for the rider, including road rash, concussion, broken bones, and much more.
- Potential Benefits – This difference goes hand in hand with injury severity. The reason is that the nature of your damages will inform how much you seek in a car accident case. The more severe it is, the more compensation you can expect to receive. This trend gives motorcycle accidents much higher stakes, on average.
Automobile and motorcycle accident law are the same in almost every way. That being said, they have a few differences that could play a crucial role in your case.
No matter what, your best bet is finding a lawyer that has worked numerous cases involving motorcycles. Doing so will give you an excellent shot at obtaining the benefits you need.
CLICK HERE FOR BREVARD COUNTY NEWS