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Mullins & Blake Attorneys

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Riding Through The Questions

Riding Through The QuestionsRules Of The Road

The same rules of the road apply to motorcycle riders as they do to anyone else operating a vehicle on Arkansas roads. While certain safety measures may not always necessarily be mandated, motorcyclists should strive to be seen and heard by drivers. This simple measure can significantly reduce the risk of accidents. Avoiding blind spots, in particular, is a way to really facilitate doing this. You may not know it, but this is actually why some motorcycles, like Harley-Davidsons, are so loud — to ensure drivers hear them.

Unfortunately, one of the most common factors that contributes to motorcycle accidents is the failure of drivers to recognize the presence of a motorcycle on the road. This lack of awareness obviously does not excuse negligent behavior, but it drives home the importance of taking simple yet effective proactive measures that enhance awareness of motorcycles on the road.

As a motorcycle rider myself, I wish all drivers in Arkansas would make an extra special, conscious, and intentional effort, especially when the weather is nice, and motorcyclists are more likely to be on the roads to check their blind spots. So many drivers only take a cursory look in their mirrors, if that, without even putting their turn signal on as they switch lanes. All they need next time they do this is for a motorcyclist to be there. Not only will their own life forever change if they were to hit them, but they could seriously hurt another person simply for not doing a second’s worth of work and checking their surroundings adequately.

Common Causes Of Motorcycle Accidents

Motorcycle accidents can happen for virtually any reason, and there are plenty of causes for them. But statistically, there are a few primary drivers to them occurring. In instances where the driver is at fault, these include:

  • Distracted driving.
  • Not looking twice.
  • Generally not being trained to check for and see motorcycles.

On the motorcyclist’s end, perhaps the most common causes include a lack of skill, training, or confidence. To help offset this, I highly recommend that all motorcyclists complete the Motorcycle Safety Education course before they operate their motorcycles. As I alluded to earlier in this book, I took it when I was in my twenties, and even as a motorcyclist who had started riding as a kid, it taught me a lot, helping me feel much safer when on the road with cars and trucks.

Common Injuries Sustained In Motorcycle Accidents

Motorcycle accidents often result in a range of severe injuries, including:

Broken Bones

The impact of a motorcycle collision can lead to fractures or breaks in various bones, such as arms, legs, ribs, and pelvis.

Abrasions And Lacerations

Riders may sustain extensive scraping or cutting of the skin, resulting in abrasions, lacerations, or road rash.

Head Injuries

Traumatic head injuries are a significant concern in motorcycle accidents, even when riders use helmets. These injuries can range from concussions to more severe traumatic brain injuries (TBIs), which may have long-term consequences.

Amputations

In catastrophic accidents, riders may suffer traumatic amputations due to the force of impact or entanglement with the motorcycle or other vehicles.

Internal Injuries

Motorcycle accidents can cause internal trauma, including injuries to organs such as the liver, spleen, or kidneys, as well as collapsed lungs or internal bleeding.

Eye Injuries

Flying debris or impact with objects can cause severe eye injuries. We once served a client who had a piece of glass fly into his eye. He had to be flown to an emergency trauma center to have it removed.

Common Defenses Used By Insurance Companies In Motorcycle Accident Cases

If you’ve dealt with an insurance company at all, you’re likely aware that they are ultimately concerned with one thing and one thing only — their bottom dollar. In line with this, they often conjure up narratives and distort reality to smear the victim in a motorcycle accident and get out of having to pay them out anything more than the absolute minimum. This is easily the most challenging of all issues in a motorcycle accident injury claim to have to deal with.

Some common tactics we’ve come across over our time handling motorcycle accident claims include:

Allegations Of Reckless Behavior

Insurance representatives or defense attorneys may claim that the motorcyclist was operating their vehicle recklessly, such as by disregarding traffic laws or behaving aggressively on the road. This works sometimes, unfortunately, since some people have stereotyped perceptions of motorcyclists for one reason or another, leading them to believe they’re all unsafe drivers.

Speeding

Accusations of speeding are often used to shift blame onto the motorcyclist, suggesting that excessive speed contributed to the accident and resulting injuries.

Failure To Wear Protective Gear

Insurance often argues that the motorcyclist’s failure to wear a helmet or other protective gear contributed to the severity of their injuries or indicates a lack of responsibility for their own safety. This doesn’t necessarily prove causation of the injury, however.

Contributory Negligence

Defense strategies may attempt to argue that the motorcyclist bears partial or full responsibility for the accident due to their actions or decisions leading up to the collision.

We counter these tactics and ensure that our clients receive fair treatment and compensation for their injuries. A large part of our work is to present a comprehensive and accurate account of the accident, highlighting factors such as the actions of other involved parties, road conditions, and any relevant traffic laws relevant to the accident. We draw on a rich source of evidence to this end that leaves the judge or jury with no option other than to side with us.

How do we do this? We turn our clients into human beings, not just numbers or medical reports, and show how severe their injuries are. We highlight the extent of their injuries and use the threat of a lawsuit to force the insurance company, attorneys, and insurance adjusters to evaluate our client’s position from a more serious standpoint.

If we are involved with a client from the beginning, we make sure they are protected and don’t make statements to the insurance adjuster or anyone from the insurance company while they’re trying to recover from their injuries. This can seriously undermine their claim later on in the process if not entirely dissolve it. The insurance company will manipulate things they say to accomplish this. Without previous experience in dealing with them, engaging with them can be very risky business.

Finding A Motorcycle Accident Injury Attorney

When seeking a motorcycle accident injury attorney, you need to ensure they have extensive and relevant experience in handling motorcycle injury cases specifically. This includes not only understanding the liability aspects but also being familiar with the unique challenges and nuances involved in presenting damages and injuries related to motorcycle accidents.

An experienced attorney will know how to navigate the complexities of insurance coverage to maximize the compensation available to their clients. This may involve leveraging health insurance, Medicare, Medicaid, negotiating write-offs, and securing reductions to ensure that the client receives the maximum amount of compensation possible for their motorcycle accident claim.

Now, you may be worried, fretting about how you won’t be able to afford the very best protection. Not to fear, though: we handle motorcycle accident claims on a contingency basis. This significantly helps to reduce the barrier of entry to sound legal representation you’ll need to maximize the value of your claim and the likelihood of receiving it. We won’t charge you any fees upfront, nor will we send you monthly invoices. We receive a percentage of whatever you win, so we only get paid if we deliver you with one. This payment structure helps incentivize us to do just that, too. So it’s truly a win-win.

How Mullins & Blake Attorneys Delivers For You

When we step in to guide and represent you through your motorcycle accident claim, we provide key benefits that set us apart from partnering with others or trying to navigate it on your own. We prevent insurance companies from taking advantage of you during vulnerable stages of your recovery.

Insurance adjusters will most likely try to extract statements from you that could significantly weaken your claim or minimize the compensation you receive. With us at your side, you’ll have someone you can trust to handle any and all communication with them on your behalf, ensuring you don’t inadvertently say or do anything that could harm your case.

Additionally, as your lawyer, we’d have the ability to file a lawsuit on your behalf if necessary. This is a critical step in obtaining full and fair compensation for your injuries and losses. Insurance companies are aware that lawyers have the capability to initiate legal action, which may very well motivate them to engage in more good faith and serious negotiations to reach a fair settlement.

Lastly, but in some ways perhaps most important, we will thoroughly investigate all potential sources of compensation for your claim. This includes not only pursuing compensation from the at-fault party but also exploring other avenues, such as your own health insurance, automobile or motorcycle insurance, umbrella policies, and any additional coverage that may apply.

For more information on Issues In A Motorcycle Accident Injury Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (479) 337-7077 today.