If you were injured in a motorcycle accident caused by a negligent driver, you will need to file a claim for compensation with their insurance company. While the same New Mexico laws will apply to your case as in a car collision case, your crash and the process of settling your claim will be different. You need to understand the unique challenges you will face if you want to obtain all the compensation you deserve for your injuries.
Four Crucial Differences Between Motorcycle and Car Accident Claims
A motorcycle is very different from an automobile. It only has two wheels and has no airbag or seat belts. In addition, a motorcycle rider only has a helmet and their clothes to protect them. Here are four important ways that these accidents and claims are different.
Because motorcycles are much smaller than other motor vehicles, they are harder to see by drivers. This can increase the likelihood that a motorist will not see them, especially if they are speeding, talking on a cell phone, or engaged in other unsafe driving practices, before it is too late to avoid causing a crash.
More Serious Injuries
Motorcyclists are much more likely to suffer long-term injuries or be killed than victims in a car accident because of the lack of protection when they are struck by a much larger and heavier automobile. Traumatic brain injuries, spinal injuries, amputations, and severe burns are a few permanent injuries common in motorcycle crashes that can require expensive medical treatments, limit a rider’s ability to work, and reduce their quality of life.
The value of a motorcycle accident claim could be higher because of the seriousness of the injuries the victim suffered. A rider could be entitled to past and future medical expenses, lost wages, and pain and suffering. Unfortunately, when a claim is worth more money, the insurance company may fight harder to deny a claim.
Bias Against Motorcycle Riders
Motorcyclists are often unfairly perceived by others—including jurors and insurance adjusters—as reckless drivers who take unsafe risks. Because of these prejudices, the insurance company may try to claim that the motorcycle rider caused the crash—even when it’s obvious that their insured was the one who was at fault. It can also be harder to convince a jury to award them all the damage they deserve.
How to Overcome the Challenges of Filing a Motorcycle Accident Claim
The best way to ensure that you will receive the compensation you deserve for your injuries in a motorcycle collision is to retain an experienced personal injury attorney. The right attorney will understand the prejudices you face and the tactics the insurance company may employ to pay you less money.
Were you or a family member injured in a motorcycle accident in New Mexico? Call our Roswell office to schedule a free consultation to learn how we can assist you.