Defendant Insurance Companies Put Blame on Motorcyclists
Injuries suffered by victims of motorcycle accidents are—by nature—more serious than injuries received by motorists in similar accidents. Insurance companies have potentially greater financial exposure at stake and must work that much harder to mitigate what can be greater financial awards for damages including greater past and future medical expenses, loss of wages, pain and suffering, loss of life, and many other remedies available to plaintiff.
Negligence governs liability in most motorcycle accidents. Under the law of negligence, motorists have the responsibility to exercise reasonable care to avoid injuring another pedestrian, cyclist or motorist. The law evaluates the defendant’s conduct and compares it to that of a “reasonable person.”
In motorcycle accident studies, it has been found that in multiple vehicle accidents the driver of the other vehicle violated the motorcyclist’s right-of-way, causing the accident in two-thirds of the cases. When a driver of a car, truck, or semi-tractor trailer acts in a negligent manner and is determined to be the single proximate cause of the collision involving the motorcycle, the offending driver may be found fully responsible for plaintiff’s injuries. But in cases where the cyclist bears some responsibility for the collision, a percentage of responsibility may be assigned to both plaintiff and defendant. You may remember a previous blog where I discussed “comparative fault”. In the case of comparative fault, if the cyclist was found to be more than 50% responsible for the accident, he or she may be unable to recover any damages because of the comparative fault law. For that reason, the defendant insurance company will strive to deflect their client’s complete responsibility and assign a significant portion of blame on the plaintiff.
A vast amount of plaintiff attorney’s time and financial resources must be allotted to the investigation process in accidents involving motorcycles. Charlie Ward, a personal injury attorney experienced in litigating accidents and wrongful death claims involving motorcycles, trucks and semi-tractor trailers, understands how to investigate a motorcycle accident and confront the defenses used by Defendant insurance companies. Ward & Ward Law Office receives no legal fees or expenses unless we collect damages on your behalf. Call Charlie today at 317-639-9501 to discuss your motorcycle accident and receive a free analysis of your claim.
By Charlie Ward