What If I Am Partly To Blame For My Motorcycle Accident?

The aftermath of a motorcycle accident can be a life-altering experience. From the physical injuries to the emotional trauma, the crash can leave you feeling overwhelmed and unsure of what steps to take next.

Whether you are to blame for your motorcycle accident or not, you may need to deal with allegations about your own conduct before the accident. Insurance companies know they may have a legal obligation to pay you a large sum because they see how badly you have suffered an injury. They are known for stopping at nothing to pay you as little as possible or even avoid paying you altogether for your injuries. As unfair as it may seem, you may have to fight back by defending yourself from any allegations against you.

Knowing how to counter any allegations about your conduct may be challenging. Insurance companies have entire apparatuses built to protect their pocketbooks and interests. Thankfully, a motorcycle accident lawyer can fight back on your behalf. They will gather and present evidence in your favor that disproves what the insurance company is saying. Without the help of a motorcycle accident attorney, you can get the short end of the stick in the legal process.

The time to call a motorcycle accident lawyer is right now if you still need to do so. There is too much at stake to trust the insurance companies and let them have their way in the motorcycle accident claims process. You should schedule a free initial consultation with a motorcycle accident attorney to discuss your case. The quicker you hire a motorcycle accident lawyer, the less the insurance company can take liberties with your legal rights.

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You Can Qualify for Motorcycle Accident Compensation When You Prove Negligence

You must show that someone else was negligent to win your motorcycle accident case. To successfully achieve this outcome, you must meet your burden of proof for each of the four elements of the negligence test, which are as follows:

• The driver owed you a duty of care.
• The driver breached the duty of care by doing something unreasonable under the circumstances.
• You suffered an injury.
• You would not have suffered an injury had it not been for the driver’s actions.

The fourth element of this test is known as causation, and you must prove that the other driver’s negligence was the legal and proximate cause of your injuries. Suppose you did something wrong in a motorcycle accident and are partially at fault. In that case, it may break the chain of causation. The driver is not the cause of your entire injury and is only legally responsible for the percentage of blame that they bear. Therefore, there is an incentive to point a finger at you whenever possible.

Insurance Companies Try to Blame You to Save Money

Insurance companies want to partially blame you for the accident because they are reviewing your case and examining how much money they will need to pay you. They know motorcycle accident cases usually result in higher settlement amounts and want to avoid that outcome if possible. They may try to take advantage of a biker who does not have a motorcycle accident attorney and try to make accusations against you. Depending on the laws in your state, even being partly to blame for the motorcycle accident can eliminate your ability to receive compensation. In other states, being partially at fault can reduce the money you will receive. It is undoubtedly in your financial interests to fight back and avoid wrongful allegations against you.

Insurance Companies Like to Portray You as a Risk Taker

The responsible driver’s insurance company has likely been around for many decades, and they certainly know the score. They understand how people may perceive you and your case if you face a jury. In general, the societal perception of motorcyclists is that they are at higher risk of being in an accident. Unfortunately, public perception only considers a motorcyclist’s decision to be on the bike in the first place. It does not consider the fact that drivers often do not know how to share the road with a motorcyclist. The public may focus on the instances when motorcyclists engage in risky behaviors and use it to paint a broad brush over everyone who rides a bike.

These perceptions are mainly unwarranted, but insurance companies try to feed into the narrative to benefit their financial interests. They know they can help fan the flames because it may mean they can save money. In some cases, insurance companies are rolling the dice that they can find a jury of people who share their perceptions if your case goes to trial. They are constantly assessing their risks as your case makes its way through the legal process, and they are often considering how a jury may view you as an injured motorcyclist.

You Can Fight Back When the Insurance Company Wrongfully Blames You

You do not have to accept wrongful blame from insurance companies. They are self-interested parties whose decisions aim to better their balance sheet. Insurance companies do not have the same fact-finding powers as a jury, and you should never think they can act as a dictator in a motorcycle accident case. They like to make you believe that they have the power to scare you and make you more compliant.

Whether you are at fault for the accident and what percentage of blame you may bear is not something that insurance companies can unilaterally decide. They cannot simply reach a conclusion based on their beliefs and dictate your compensation amount.

Insurance Companies Can Encroach on Your Legal Rights

You have legal rights in the motorcycle accident claims process, mainly to get total financial compensation for your injuries when a driver was to blame for the accident. Insurance companies will need to pay you up to the amount of the policy limit. The driver may even be personally liable to you if they did not have enough insurance coverage to pay for your injuries.

Insurance companies cannot compromise your legal rights through their determinations about what they think happened or through their own opinion, which has no basis in reality. If you believe they are wrongfully blaming you for the accident, either in whole or in part, you can push back with the help of your motorcycle accident lawyer.

A Motorcycle Accident Lawyer Can Defend You

A motorcycle accident attorney will present evidence showing what you did in the events surrounding the accident. You may not feel like it is fair that you should defend yourself, but that is the exact situation you may find yourself in due to the insurance company’s actions.

Unfortunately, your reality is that you will need to fight back to obtain all the compensation that you deserve for your motorcycle accident injuries.

Your motorcycle accident attorney can present the following evidence that can counteract wrongful allegations against you:

• Testimony from witnesses who saw the accident itself or what happened immediately beforehand
• Pictures from the scene of the accident
• Video or traffic camera footage
• Dashcam footage
• Testimony from an accident reconstruction expert

The police report may also help you when you are arguing your side of the case. The officer who showed up to document and investigate the accident will have a report that contains their own conclusions about what happened. These findings are not necessarily legally binding because the officer did not see the actual accident. However, the insurance company may have difficulty countering the police officer’s report.

Whether you are partially to blame will be part of negotiations with the insurance company during the lawsuit or claims process. If your lawyer forcefully pushes back and presents evidence in your favor, you may even force the insurance company to back down from their allegations.

You Do Not Simply Have to Accept Blame

When your motorcycle accident lawyer holds firm, you have more leverage than you think in settlement negotiations. Insurance companies are afraid of litigation. Even though they may be banking on the fact that the jury will view you as risky and side with them, they are also running their own risks at a trial. If you can successfully prove that their driver was to blame for the accident (and disprove their wrongful allegations), you can get even more money in a settlement. Then, insurance companies may even be liable to their policyholder in a bad faith lawsuit if they did not take advantage of their chance to settle the case.

You will need to hire a motorcycle accident lawyer right after the accident because your legal rights are at risk when you do not have someone to protect you from the insurance company. It is best to be careful when insurance companies try to talk to you or ask you for a statement. They are not concerned with your well-being, nor are they calling you to have a friendly conversation. Insurance companies are to use your words against you when convenient for them. One loose statement you make can give them ammunition to use against you.

Insurance companies may be less likely to make wrongful allegations against you when they see that a motorcycle accident attorney represents you. They know your motorcycle accident lawyer has the means and ability to make them pay in court, and they may not want to run that risk. Insurance companies are notorious for trying to take advantage of claimants who they view as targets of opportunity. Without an experienced motorcycle accident lawyer on your side, you will fit that exact description.

If you are unable to contact a motorcycle accident lawyer yourself because of your injuries, you should have someone you trust to make the call on your behalf. Time is essential, and you cannot afford to be without legal help for an extended time.

It Costs You Nothing Out of Pocket to Hire a Motorcycle Accident Lawyer

When facing medical bills, repair costs, and potential loss of income, the last thing you need is the added burden of attorney fees. The good news is that financial worries will never stand between you and the help that a motorcycle accident attorney can provide. Personal injury lawyers always represent you on a contingency basis. They reach an agreement with you that states they will only get paid if and when you win your case. If you do not win your case, you do not have to pay your attorney anything at all for their time and services.

The lawyer will handle all the legal aspects of your case, from gathering evidence and negotiating with insurance companies to representing you in court if necessary. They will use their experience and knowledge of personal injury laws to build a strong case and fight for your deserved compensation.

By working on a contingency fee basis, your attorney is taking on the risk of your case. They will invest their time, resources, and efforts into pursuing justice for you, knowing they will only get paid if they succeed. This arrangement ensures that you have access to quality legal representation without upfront costs and motivates your lawyer to fight diligently for your rights and maximize your compensation.

Navigating the legal system can be complex, especially regarding motorcycle accidents, and hiring a skilled and experienced lawyer is crucial. They will advocate for your rights, fight for fair compensation, and guide you through the legal process with experience and professionalism. Do not hesitate to seek legal representation after a motorcycle accident to protect your best interests and maximize the chances of a favorable outcome for your case.