Motorcycle Crash? The Other Side Doesn’t Fight Fair

By Jason Bottlinger on November 3, 2021

As riders lack the protection of an enclosed vehicle, a motorcycle crash can cause serious or catastrophic injuries. Even when another driver caused your injuries, insurance companies will fight in court to avoid paying just compensation for a motorcycle crash claim. The defense will come up with multiple strategies in an effort to minimize the insurance company’s payout.

What Are the Common Defenses in Motorcycle Collision Cases?

Insurance company attorneys use various strategies to defend against motorcycle traffic crash claims. Common defenses include the following:

• Liability defense: The other side may try to assign fault for the accident to the injured motorcyclist. Defense counsel may try to show that you were at fault in some way for the crash in an effort to avoid responsibility for your losses.
• Mitigated damage defense: If it has been clearly established that the other driver caused the crash, the attorney for the defense may try to prove that you did something that made the outcome worse, and the amount of your recovery should be reduced accordingly. For example, the defense may try to show that you failed to follow your doctor’s instructions to the letter.
• Statute of limitations defense: Motorcycle crash victims in Nebraska have four years to file a personal injury claim in civil court. If that time limit has expired, the defense will try to have the case dismissed. Generally, civil claims are barred once the statute has run.

How Can You Prepare to Overcome Insurance Company Courtroom Tactics?

Your Omaha personal injury attorney will discuss potential defenses with you to determine if any may apply in your situation. In many cases, it is possible to anticipate the defenses the other side will use based on the specific circumstances of your case. Despite defense strategies, a tenacious motorcycle crash lawyer can help you effectively pursue compensation from the at-fault driver.

What Evidence Do You Need In a Motorcycle Collision Claim?

To recover compensation from the at-fault driver, you need to prove that the driver was negligent. Negligence is a legal term based on the duty to exercise reasonable care that all drivers have to others on the roadways. Evidence of negligence to support a motorcycle collision claim may include:

• Pictures of the scene of the crash and the resting positions of the motorcycle and the other vehicle
• Police report concerning the collision
• Statements from eyewitnesses to the wreck
• Camera footage from nearby businesses

What Types of Damages Can You Claim for Motorcycle Wreck Injuries?

A motorcycle crash can have devastating consequences for the rider. Even a low-speed collision can knock the rider off the bike and onto the road. High-speed crashes can cause life-threatening injuries. A rider can be pushed into other cars or trapped under a vehicle.

Severity of the rider’s injuries and extent of medical treatment required will impact the value of the case. Damages will include past and future medical expenses and other financial losses related to the crash. They may also include intangible losses that don’t have a set price tag, such as physical pain and suffering, emotional trauma, and loss of enjoyment of life.

Why Is It Important to Have a Skilled Motorcycle Crash Attorney on Your Side?

After a serious motorcycle wreck, you may be missing work while you recover from your injuries. The at-fault driver’s insurance company may make a lowball offer in an effort to settle the case quickly, or they may deny responsibility for your collision and injuries. An experienced motorcycle crash lawyer can investigate the incident, assess the full extent of your losses, and fight for the full compensation you deserve.

For skilled and dedicated representation in a motorcycle collision claim, call Bottlinger Law L.L.C. at (402) 505-8234.