When a motorcyclist is involved in an accident or collision it’s important that they contact a motorcycle accident lawyer at the earliest opportunity. Bikers are essentially defenseless, and when involved in a collision, more often than not they suffer several injuries, some critical, and more often than necessary, fatal. Motorcyclists who are accident victims certainly deserve just compensation—for them and their families—to help them move forward with their lives.
What are the Most Common Causes of Motorcycle Accidents?
Causes of motorcycle accidents can vary. For example, in Maine, weather is likely to be a determining factor which can influence motorcycle accidents. Riding in harsh weather presents dangerous driving conditions for motorcyclists. Sudden thunderstorms or rainy, wet weather can create slick roads, and also leave visibility impaired for bikers and vehicles. Age is also a factor. In recent years, riders age 40 and older comprise the greatest share of motorcycle crashes and fatalities nationwide.
5 Reasons Why a Motorcycle Accident Lawyer Might Turn Down Your Case
Because the causes for motorcycle accidents may vary, in filing a motorcycle accident insurance claim, it’s important to be aware that in some instances a motorcycle accident lawyer may not take your case. Here are several reasons why:
Fault
Though there are instances that motorcycle drivers are innocent victims of an accident, there are other times that they are to blame. When that is the case, it’s very unlikely the motorcyclist will find an attorney to represent them in a motorcycle insurance claim. Because most personal injury cases are handled on a contingency fee basis, an attorney must be able to justify taking the time and expending the necessary resources in representation. Taking a case on contingency means the attorney receives a percentage of the settlement. If there is no settlement, the motorcycle accident lawyer does not get paid.
Coverage
Insurance coverage can vary on any type of motor vehicle, and it’s no different for motorcycles. If you are an avid biker you should have full coverage when you hit the highways and byways on sunny summer afternoons. It is not uncommon for insurance claims to be denied because the policy does not cover what happened. Just as important, you may have the right coverage but insufficient coverage to pay for the necessary repairs. Lastly, always read the fine print of your policy. There may be specific restrictions listed that may affect your coverage (or lack of it). Going to a motorcycle accident lawyer to file an insurance claim with lack of or insufficient coverage would likely be another reason that an attorney would turn you down.
Medical
If you are fortunate enough to walk away from a motorcycle accident do not refuse medical assistance onsite if offered and don’t offer any medical self-assessment. It is still important that you see a doctor immediately or as soon as possible after the accident. If you do not receive medical assistance or have waited a week or more after an accident, it may be interpreted that your injuries were not significant enough to warrant compensation via a motorcycle accident injury claim. You must also be able to provide medical documentation for any treatment of injuries sustained in the motorcycle accident. Without receiving medical assistance or providing medical documentation, you will have no proof of your injuries and a motorcycle accident lawyer will likely turn down your case.
Statute of limitations
No matter the extenuating circumstances, there is a relevant statute of limitations for every type of personal injury case. If you do have cause to file a personal injury claim, do so at the earliest opportunity. Once the statute of limitation has expired it bars the client from proceeding with the case.
Impaired driving
Driving a motorcycle under the influence (DUI) is not only dangerous but foolish. Drivers of any kind are considered to be alcohol-impaired when their blood alcohol concentrations (BACs) are 0.08 g/dL or higher. Most recent studies (2016) found alcohol was the largest contributor to crash risk for all vehicle types, with motorcyclists involved in fatal crashes representing the highest percentage of impaired driving fatalities among all vehicle types. DUI is another reason a motorcycle accident lawyer will turn down a case.