A car accident differs from a motorcycle accident in several ways, such as the severity of the injuries sustained, the number of fatalities, and the frequency of the collision. You can claim compensation if you got injured in an accident for which you weren't at fault. If you've suffered injuries from an accident, it's essential that you know your legal rights and seek professional legal representation. In this blog, we will explore how motorcycle accidents differ from car accidents in a personal injury case.

Major Causes of Motorcycle and Car Accidents

The most common causes of motorcycle and car accidents are drunk driving and speeding. In most cases, these two elements occur together along with reckless driving. Because of these reasons, individuals are at a high risk of sustaining physical injuries in accidents. However, a motorcycle accident differs from a car accident in the following ways:

  • Lane-Splitting

Motorcyclists riding between traffic lanes are considered to be a major contributing factor in road accidents. Although this action is not illegal in California, it is prohibited in several jurisdictions due to concerns about visibility. Lane splitting takes up space on the roadway and makes it difficult for most motorists to anticipate, which could easily result in an accident. Motorcycle accidents could also occur if a motorist fails to give a motorcyclist enough space to legally overtake and fails to acknowledge the motorcyclist's right to use the roadway.

  • Left-Hand Turns

Most motorcycle-car collisions occur when a vehicle makes a left-hand turn. Typically, this occurs when the driver of the vehicle fails to notice the motorcyclist attempting to pass him or her and makes the turn, leading to a collision.

  • Distracted Driving

Distracted driving has been implicated in nearly one in every five accidents resulting in physical injuries. Additionally, driving while on the phone has become a hazard on the road for all road users. This problem is classified as distracted driving. Motorists are also more likely than motorcycle riders to be involved in the following types of collisions:

  1. Driver Fatigue—Another motorist who falls asleep behind the steering wheel is a road hazard to other road users. These incidents often take place when a drowsy driver switches lanes into other vehicles

  2. Aggressive Driving—This includes several actions that would jeopardize a vehicle's safety, such as making erroneous lane changes, speeding, refusing to comply with traffic rules, and showing road rage to name a few

  • Drunk Driving and Speeding

Alcohol use and speeding are considered major contributors to road collisions. When you operate a vehicle while impaired, you're more prone to make mistakes, such as speeding, which could result in a crash. Drunk driving is a major factor in both motorcycle and car accidents, but it's more common in the former. Motorcycle fatalities at night are more likely to involve a blood alcohol concentration (BAC) of 0.08 or than accidents during the daytime.

  • Fixed-Object Crashes

A motorcycle is smaller compared to a vehicle, making it less stable and risky in an accident. For instance, if a motorcyclist crashes on a wall, the accident is likely to be caused by several issues. Usually, the intensity of the contact throws the rider off the motorcycle, resulting in physical injury from the impact. Due to this, motorcyclists are more likely to get involved in crashes involving uneven roadways, slippery surfaces, potholes, or collisions with stationary objects. In some instances, fixed object collisions that cause physical injury to motorcyclists could be blamed on the negligent actions of another person or party. It is crucial to speak with a lawyer about such concerns.

Nature of the Injuries Sustained

Physical injuries sustained in a car or motorcycle crash can be a traumatic event that significantly reduces the quality of life. Motorcycle accident injuries are more catastrophic as compared to car accidents because motorcycle riders do not have the same protection level as motorists. If a motorcyclist is not wearing a protective helmet at the time of the crash, they're at a high risk of suffering concussions, severe brain damage, or loss of life. Motorcyclists are also likely to be flung from their motorcycles and slide down the road, resulting in the following:

  • Broken pelvis or shoulder

  • Damage to upper arm nerves also referred to as "biker's arm," could lead to permanent paralysis

  • Soft tissue damage or road rash

  • Scarring and deformity of the face, especially around the chin

  • Joint injuries

Both automobile drivers and motorcycle riders can sustain common crash injuries such as whiplash and other neck or head injuries, fractured bones, bruises and edema, scrapes and cuts, spinal injury, internal bleeding, knee trauma, and more. If you sustained serious or fatal physical injuries in either type of incident, you should seek medical treatment right away. The odds of getting seriously injured in a motorcycle accident are significantly higher than in a car crash, and you will need expert legal assistance if another party is to blame.

Car crash victims sustain devastating injuries, although not at the same rate as motorcycle riders. These are some of the most common car accident injuries:

  • Back injuries

  • Whiplash

  • Concussions

  • Soft-tissue damage

Serious car accidents are more likely to result in spinal cord and brain injuries, burns, limb loss, and scarring.

Public Misconceptions

Motorcyclists, like many other groups, have been stigmatized as a result of the conduct of a few. Courts often perceive motorcycle riders as reckless and irresponsible. This misconception can lead to the perception that a motorcycle rider is at fault. However, motorcycle accidents could be complicated. There are multiple causes for any accident, and most of them may not put you to blame. It is crucial that, if your case goes to trial, you have a personal injury attorney who knows how to carefully research your case to demonstrate that you weren't responsible for the accident, thereby assisting you in receiving the maximum payment for your injuries.

Motorcycle Claims Are Higher Compared to Car Accidents

In motorcycle collisions, victims' claims are most likely to be worth more than in accidents involving passenger cars because the physical injuries are more severe. Motorcycle riders are far more likely to receive expensive medical treatments and stay out of duty for longer periods—if they could return to their jobs at all—than a motorist hurt in a car accident. Their compensation must cover any potential future losses such that they can settle for all necessary medical care to make the most progress possible and have the money to support their loved ones and themselves if they are not able to work.

Insurance and Providing Evidence For Your Case

Motorcycle insurance coverage can be quite complicated based on your policy. The insurance plan can be difficult to grasp, and one small difference could mean the distinction between a loss and a settlement. To make things worse, the data and facts surrounding the case could be unclear or completely absent. A motorcycle accident usually has fewer points of impact than a regular car accident, which means there's less physical proof to deal with to support your case. Before speaking with an insurance provider, consult with a personal injury lawyer who specializes in legal matters involving motorcycle accidents. Your attorney has the experience and knowledge to provide you with the legal defense you deserve.

Understanding Accidents Involving Motorcycles

Most people own or drive a vehicle. However, only a few individuals know how to use a motorcycle. Due to this, the judge and jury may be unsure about how a motorcycle accident occurs. For instance, when riding a motorcycle, speed creates balance and stability. However, an individual who is not familiar with motorcycle mechanics can associate speed with recklessness and accidents when this is not the case.

To fully grasp the issue and decide who was to blame, the jury and judge must have a basic understanding of motorcycle mechanics. This isn't always possible, therefore having a lawyer who can clarify these technicalities to the court is important. This information could assist you in winning your claim.

Motorcycle Accident Risks

Motorcycles can be enjoyable to ride and are usually a more affordable mode of transport. However, they are inherently riskier than trucks or cars, which complicates accident investigations. Some of the risks are as follows:

  • Shorter Braking Distances

Motorcycles stop quicker and faster than passenger cars. When a car driver fails to maintain a safe distance behind a motorcyclist, he or she risks rear-ending the motorcycle when the rider comes to a complete stop.

  • Less Protection

Aside from not having the protection of a vehicle around them, motorcyclists don't have safety belts and most don't have airbags. The only items protecting motorcyclists from the impact of a truck or car hitting them are their garments and protective helmets. Even though much of the motorcycle gear suggested by the California DMV is advanced, it does not provide the same level of safety as airbags and safety belts—or a surrounding structure. Riders who break California's helmet-wearing regulation could sustain much more severe injuries.

  • Taking Part In Risky Driving

Because of the strength of their motorcycles, riders on sport and super-sport motorcycles are more enticed to accelerate too quickly, speed, and participate in other risky driving practices.

  • Driving Skills

Riders with little or no experience are more likely to get in a road accident. It requires more awareness and skill than operating a vehicle.

Negligence

Laws concerning negligence are often used to determine who was at fault in personal injury cases. Negligence is defined as a crash involving one party that fails to apply common sense while operating a vehicle or failing to follow traffic regulations and laws. For any motorcycle injury case to be approved, the rider must demonstrate that he or she was not negligent in any way and that a faulty motorcycle wasn't the cause of the crash. It's important to gather evidence of this, whether it comes from eyewitness accounts, the helmet that was on at the time of the collision, or footage from security cameras. However, motorcycles react differently in collisions than cars, and it might be challenging for eyewitnesses to determine who is at fault.

Frequently Asked Questions About Motorcycle and Car Accidents

The following are some of the most commonly asked questions about motorcycle and car accidents in a personal injury case.

How Can You Prove The Party At Fault?

The main factor in assessing fault would be to prove that you sustained injuries in the courtroom and in front of a jury. Hard evidence that backs up negligence and recklessness would be most efficient. These include, but are not limited to:

  • Surveillance footage

  • Call logs and records

  • Reports such as accident reports and witness statements

  • Driving records

Although there are several procedures that a personal injury attorney must take into account to advocate for what you should receive. When it draws down to compensation and damages, both car and motorcycle accidents share many similarities. However, interpreting the details and claims of a motorcycle crash could be more challenging.

Passenger vehicles are large pieces of fiber and steel that protect you, as opposed to a motorcycle rider, who is completely exposed. Motorcyclists are more vulnerable to other motorists, road conditions, and weather elements than a vehicle. This alone makes things more complex and undoubtedly risky. Aside from the technicalities of these issues, there's also a degree of complexity when it comes to the jury's prejudice towards a biker and his or her motorcycle.

Who Is To Blame In A Motorcycle Vs. Car Accident?

Determining the party at fault in a motorcycle crash can be more difficult than determining the liable party in a car accident. This is due to a variety of factors, the most significant of which is a prejudice against motorcycle riders. It could be more challenging to prove a rider as the victim (not at fault) because jurors often perceive them as negligent and reckless. This prejudice can cause motorcycle riders to be wrongly blamed for their crashes. Due to this, they would receive less payment than they ought to get. While both cases require extensive investigation, car accident cases are often simpler to deal with in courts since there is no bias against motorists.

How Can a Personal Injury Lawyer Assist With Insurance Claims?

You could file insurance claims for the losses and damages caused by an accident. A professional personal injury lawyer knows how to strike a deal for fair compensation with insurance providers. Accident cases can be challenging since injuries may take time to recover, and it could take you months or even longer to realize how serious your health condition is. You don't want to deal with an insurance provider too quickly and be left with little or no recourse if further medical expenses and complications arise.

Why Do Motorcycle Accidents Occur More Frequently on Roads?

Motorcycle crashes are more common than car accidents due to their smaller size. Their size makes it difficult for other drivers to see them on public highways or roadways. Furthermore, some motorists do not treat motorcyclists with the respect that they deserve on the roadway. These motorists disregard the rights of motorcycle riders and treat them like second-class road users. To avoid road accidents, a motorcycle rider must maintain the proper balance when riding. Finding the balance could be challenging, especially if you're traveling under harsh weather or on bad roads.

Why Should You Retain The Services of an Accident Attorney?

There are important legal considerations that a lawyer can assist you with when you're injured in a road crash. Before you file a claim, you must first assess the worth of your claim. This assessment takes into consideration economic damages and financial losses. The value of your injury claim is partly dictated by the weight of the evidence in your case, which an accident lawyer recognizes while preparing your claim. Another main factor for consulting with a lawyer is to find out what the statute of limitations is for initiating a personal injury claim. Since California is an at-fault state, the amount of compensation received for motorcycle and car accident claims filed varies. An attorney is available to help you get through the legal system and obtain the compensation to which you are entitled.

Which Damages Am I Entitled to After a Motorcycle Accident?

In motorcycle accident claims, the court could award both punitive and compensatory damages. The latter protects you against both financial and non-financial losses brought on by the accident. Compensation may consist of:

  • Lost earnings and potential future earnings

  • Medical expenses

  • Suffering and pain

  • Disfigurement

  • Property repair or replacement costs

Punitive damages are intended to penalize the at-fault party for irresponsible or reckless action and would not directly benefit you, but they are uncommon. Compensation would be awarded by the courts based on the circumstances of the case.

Find a Personal Injury Attorney Near Me

If you've been involved in a motorcycle or car accident and suffered serious body or head trauma, you should speak with a personal injury lawyer who can assist you in getting the compensation that you deserve. Many motorcycle accident victims are rendered permanently unable to work or incapacitated. We at the Los Angeles Personal Injury Attorney understand the personal and medical expenses incurred by victims and their loved ones. We will take all necessary measures to help you pursue compensation for your pain, medical expenses, lost wages, surgery, and long-term healthcare needs. Call us now at 424-231-2013.