Motorcycle accident injuries are among the most severe. There’s nothing between you and the open road, which is part of the allure. Your vehicle is smaller producing a great disadvantage in collisions with other vehicles on the road. That also makes it more difficult to see. Then, when you try to file a claim against a negligent driver’s insurance policy, the insurance company claims that you’re at fault for the accident because bikers have a reputation for being daredevils. While none of this is reason to rejoice, it does indicate a great need to hire an attorney to litigate your claim against the insurance company. Brylak Law will ensure that you are compensated fairly for your injuries and the blame won’t wrongfully be laid at your feet.
How Insurance Companies Blame Bikers for Their Injuries
There are several very common types of accidents that occur with motorcycles and one of the most common is sideswipe accidents. A car changes lanes without checking their blind spots and hits a biker that they didn’t see. While the car driver is clearly at fault for an unsafe lane change, the insurance company can turn around and claim that the biker was trying to lane split, or ride between two lanes to pass cars on both sides. A motorcycle accident injuries attorney will protect you from such defenses.
It is also important to remember that Texas only allows an injured party to pursue a claim if they are less proportionately responsible for the accident than the individual they are trying to sue. You can pursue a claim if you are held 50% liable for an accident, but your damages are reduced by your percentage of the blame.
As an example, let’s say a motorcycle rider suffers a head injury after a car makes an unsafe lane change. But the motorcyclist wasn’t wearing a helmet. In Texas, the at-fault driver and their insurance company will claim that your injuries could have been mitigated had you worn a helmet. Some of the blame will be placed on you.
Common Motorcycle Injuries
While not all injuries can be prevented with protective clothing, those that can should be. Lack of protective clothing can be used as an argument to place some of the blame on you.
Injuries are among the most common injuries suffered in motorcycle accidents. While a 2016 report by the NHTSA claims that helmets saved nearly 2000 lives, concussions, traumatic brain injury and even permanent brain damage can still result from a motorcycle accident. Nonetheless, helmets greatly reduce the risk of serious or fatal injury for motorcycle riders. The NHTSA estimates that 800 fatal accidents could have been prevented by wearing a helmet.
Road rash is a type of laceration also called a brush burn. The friction between a motorcycle rider’s clothing and the road creates intense heat and skin damage as the rider slides off of his bike. These are not merely superficial injuries. They can result in permanent nerve damage, infection, and chronic irritation.
To avoid such injuries, bikers typically wear leather or heavy denim to prevent severe being skinned by the concrete roads. Thinner clothing will not cut it. Riders should also consider wearing boots that are high enough to protect the ankles and gloves to protect the hands.
Protect Yourself and Protect Your Insurance Claim
Motorcycle accident injuries are made infinitely worse by riders who do not adequately protect themselves. Not only are their injuries likely to be worse, but they can be blamed for taking an unnecessary risk. The attorneys at Brylak Law can help protect the integrity of your claim if the insurance company tries to lay the blame on you. Talk to us today for a free consultation.