How Are Motorcycle Claims Different?

Motorcycle accidents present unique sets of problems that must be throughly evaluated by an attorney familiar with the issues. For example, in 2021 we settled a motorcycle accident case for $1,550,000. This required knowledge about (1) the biomechanics of a motorcycle accident, (2) how fault is determined in a failure-to-yield case, (3) the rules of evidence pertaining to eye-witnesses and other past actions.

Harris Law Group is located in Sarasota but serves all of the Suncoast region as well as the entire state of Florida.

What Defenses Will Insurance Companies Use?

Insurance companies will often try to play on the idea that motorcycle riders are inherent risk takes and are asking for trouble when riding. We know that many motorcycle riders are careful and aware of their surroundings and rules of the road. However, there are a minority of riders that cast a bad shadow on the motorcycle community because they often times engage in risky conduct like changing lanes or speeding. 

The most common type of motorcycle claim usually involves a failure to yield type of scenario where a motorcycle is proceeding straight through an intersection and a car pulls out in front of the motorcycle. The rider often has insufficient time to avoid the collision and will face severe injuries when they are thrown off the bike.

It is very common for a rider in this type of collision to experience pelvic injuries due to the biomechanics of a motorcycle accident and how their body will move forward and make contact with the bike itself. 

Insurance companies and the other driver will usually argue that the motorcycle rider was driving too fast for the driver to react. This is important, because Florida is a comparative fault state. Furthermore, since 2023, the Florida legislature has modified the law to prevent injury victims from getting compensation if they are just 51% at fault for the accident. 

How Can We Help?

One important way we will help is to get ensure that a proper investigation is done of the crash scene. This necessitates bringing in the right types of professionals with the experience to investigate how the crash occurred. Some types of experts that might be necessary include: (1) biomechanics experts or (2) crash accident reconstruction specialists. 

It is critical that your attorney knows that the experts will have the knowledge and credentials necessary to withstand depositions or be willing to testify at trial if necessary.

How Will I Pay For All This?

First of all, as personal injury attorneys, we only take a fee if we reach a settlement with the insurance company. Any costs associated with your cases, like experts will be paid by Harris Law Group and you will then have to reimburse us at the conclusion of your case.