Does My Lawyer Need to Have Motorcycle Accident Experience?

On the surface, it may seem like any personal injury lawyer who’s familiar with car accidents could handle a motorcycle accident case.

According to Section 465 of the California Vehicle Code, a motorcycle is a passenger vehicle like any other. Therefore, motorcyclists have the same rights and responsibilities as other drivers.

Despite their smaller footprint on the road, motorcycles should be given the same right of way and the same space as cars. And an accident claim involving a motorcyclist should proceed like any other motor vehicle accident case.

But in actual practice, things often don’t go that way. Why?

• There’s a bias—conscious or unconscious—against motorcyclists. So even when you’re not at fault, insurance companies and juries don’t give you the benefit of the doubt.
• For an attorney to prove your motorcycle accident claim, they need to understand the nuances of motorcycle crashes—including how to overcome anti-biker bias.
• Motorcyclists are more susceptible than other motorists to less-than-ideal road conditions, leading to more claims against third parties.

For these reasons, at Chain | Cohn | Clark, we strongly recommend that you choose a lawyer with motorcycle accident experience.

In the rest of this FAQ, we’ll explain these reasons in more detail.

Why Do I Need a Motorcycle Accident Lawyer?

Let’s take a closer look at why choosing a lawyer with experience handling motorcycle accident cases is a good idea.

Overcoming Bias Against Motorcyclists

Of course, there are a few irresponsible riders out there—just as there are irresponsible drivers. But most motorcyclists ride responsibly and reasonably expect other motorists to share the road with them.

However, many people who don’t ride subscribe to the stereotype of motorcyclists as daredevils, recklessly weaving through traffic at high speeds and continuously tempting fate.

It’s no surprise, then, that insurance companies and juries assume that you bear some blame in a crash, even if the basic facts clearly identify the other driver as the at-fault party.

When we represent motorcyclists, we work to counteract this bias. More often than not, there are other factors at play:

• A driver didn’t see you, so they turned in front of you or cut you off.
• A driver didn’t give you the same space they would give another car, failing to yield the right of way.

Proving Your Case: Motorcycle Accident Investigations

The basics of proving a motor vehicle accident claim are the same regardless of the types of vehicles involved. You need to show that:

1. The other driver acted negligently—without a reasonable level of care.
2. The other driver’s negligence caused the accident.
3. The accident caused your injuries.

However, proving negligence is often more difficult in motorcycle accident cases. Here’s why:

• Severity of injuries. Motorcycle accidents often result in more severe injuries, which means more medical expenses. More expenses mean higher stakes for defendants and their insurance companies.
• Fault. California applies a legal principle called pure comparative fault to motor vehicle accidents. Under this principle, blame for a crash can be assigned to multiple parties. If you are found to be 50% at fault, you can only collect half of any compensation you’re awarded. Any blame that the opposition can cast on you saves them money.
• Bias. Insurers and juries don’t assume every driver is reckless. But they are likely to have a question in their mind about a motorcyclist. They may assume you were taking chances and pushing the envelope—even if the other driver was clearly driving irresponsibly.

Our experienced motorcycle accident attorneys know how to counteract the factors working against you. We carefully investigate motorcycle crashes to compile irrefutable evidence in your favor. We also typically employ expert witnesses who understand the physics of motorcycle collisions and can accurately reconstruct what happened in your accident.

Claims Against Third Parties

With only two wheels on the ground, motorcycles are more at risk due to road hazards than other vehicles. A neglected pothole, road debris, or sudden road surface changes can trigger a crash.

If your accident resulted from poor road conditions and those conditions were due to the negligence of a construction company or government agency, you may be able to file a claim against them. Claims against government entities must be filed within six months of your accident.

An experienced motorcycle accident lawyer knows how to investigate and prove potential third-party claims.

Bakersfield Motorcycle Accident Attorneys

Don’t count on insurance adjusters or a jury giving you the benefit of the doubt as a motorcyclist. Work with a lawyer experienced in motorcycle accident cases so that you have a fair shot at justice and receive the compensation you deserve.

Chain | Cohn | Clark’s motorcycle accident lawyers are a known entity in Bakersfield and throughout Kern County. We have the respect of those in the insurance industry and the legal community. With our help, you can focus on recovering from your injuries while our attorneys gather evidence and expert witnesses to bolster your claim, handle the legal paperwork, negotiate with the insurance companies, and—if necessary—prove your case in court.

Contact us today for a free consultation.