Motorcycle Injuries
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Riding a motorcycle is inherently more dangerous than riding in an automobile for the simple reason that the motorcyclist's body is unprotected and will surely strike something in the event of even a minor collision; whereas the body of a motorist is protected by the "armor" of the outside of an automobile, a seatbelt, airbags, etc. Statistics compiled by the National Highway Traffic Safety Administration establish that motorcyclists are 16 times more likely to die in a crash than an automobile occupant, and motorcyclists are three times as likely as a motor vehicle occupant to be injured. Consequently, since collisions involving motorcycles more frequently involve personal injuries, collisions involving motorcycles have a higher percentage of personal injury claims than do automobile-only collisions. Nevertheless, motorcycle personal injury claims present special challenges for injury victims and their lawyers – challenges that lawyers without motorcycling experience may find difficult to understand, let alone overcome.
The first and greatest challenge arises if the motorcycle operator is the victim. The lawyer for the injured motorcyclist must overcome the widely-held bias that the motorcyclist must be at fault – a bias commonly held by law enforcement officers, emergency medical personnel, insurance companies, and the public at large. After all, Fatality Analysis Reporting System records show that almost two-thirds of motorcycle operator fatalities involve speeding, half of the fatalities are related to failing to properly negotiate a curve, braking and steering maneuvers contribute to almost 25% of the fatalities, and almost one-third of the fatally injured motorcyclists are not carrying proper licenses. Statistics like these make it easy – but not justifiably so – for non-motorcyclists to jump to the conclusion that the motorcyclist is always at fault.
However, the truth is that these statistics only apply to the 45% of fatal motorcycle collisions that are single vehicle collisions – meaning that only the motorcycle and its operator were involved. The other 55% of motorcycle operator fatalities involve at least one other vehicle, and when a second vehicle is involved, most of the time the collision is not caused by the motorcyclist.
The failure of automobile drivers to notice motorcycles is the number one cause of motorcycle collisions with other vehicles. According to a study conducted by the University of Southern California, when a motorcycle and another vehicle collide, two-thirds of the time it is because an automobile driver violated the motorcyclist's right-of-way. Unfortunately, it is just in this type of situation that the general bias against motorcyclists often comes into play in a big way.
Take this typical example: The motorist is not paying close attention and pulls out in front of the motorcyclist. Because the motorist did not see the motorcyclist before striking the motorcyclist, the motorist tells the investigating officer that the motorcyclist must have been speeding and darting in and out of traffic. The motorcyclist, as is often the case, is badly injured and gets taken from the scene by ambulance, so the motorcyclist's version of events does not get written down in the police report. To add insult to injury, if the motorcyclist or anyone else takes the motorcyclist's helmet off after the collision, but before the emergency medical technicians arrive, the EMTs will often write in their report that the motorcyclist was not wearing a helmet. When the motorcyclist recovers enough to file a claim, the automobile driver's insurance carrier denies the claim and blames the motorcyclist, and cites the police and EMT reports as the basis for the denial. When this happens, the injured motorcyclist and any injured passenger must have a lawyer who understands how motorcycles work, knows the rules of the road, and expresses a willingness to track down eyewitnesses to the collision.
The third and final challenge in motorcycle cases comes into play when the injured person needs to make a claim against the motorcyclist, but finds that the motorcyclist carried little or no insurance. Because of the significant risk of injury that is associated with riding a motorcycle, not all insurance companies will insure motorcyclists, and those who do charge very high premiums. Consequently, many motorcyclists are uninsured or underinsured, and those who file claims against such motorcyclists often find themselves fighting with their own insurance companies, who are often unwilling to admit that they are legally obliged to step in and provide coverage when the at-fault motorcyclist has little or no available coverage. This "battle of insurance companies" too often results in an injury victim becoming frustrated and uncompensated – unless the injury victim has a lawyer who understands insurance coverage and the obligations of insurance companies for both the at-fault party and the victim.
The lawyers at Kraft Palmer Davies, PLLC have successfully litigated many cases involving motorcycle collisions, and have successfully litigated hundreds (if not thousands) of cases involving insurance coverage disputes. We understand the challenges of motorcycling, on the road and in the courtroom. One of our named partners, Lance Palmer, is an avid motorcyclist (he currently rides a big Indian Chief Roadmaster) with over 35 years of defensive motorcycling under his belt, and the road burns to prove it. If you or someone you know needs legal advice concerning a motorcycle collision, give us a call. For more on the law and your rights in an automobile vs. motorcycle collision, see our article entitled "What You Should Know About Auto Injuries."