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Motorcycle sales have increased in recent years due to their convenience, lower fuel costs, and the sheer pleasure of riding on open roads. Meanwhile, Utah is a popular place to bike because of its many scenic routes and stretches of uncrowded highways. Unfortunately, a motorcycle accident caused by another driver’s negligence can leave you with serious injuries and related damages.
While riding a motorcycle has its advantages, it also exposes riders to a higher risk of injuries and fatalities than individuals in cars. Without seatbelts or airbags, motorcyclists are more likely to suffer serious injuries. At the same time, the relatively small size of the bike makes it harder for other drivers to see than a car. Motorists are cautioned to “look twice” before turning or pulling out on the street, but if the driver isn’t careful, they could cause a collision with a motorcycle.
It can be difficult to fight an insurance company on your own, especially while struggling to recover from your injuries. While the insurance industry would like you to believe that they’re looking out for your interests, the truth is that insurance companies only look out for their bottom lines. There are multiple ways in which they may attempt to shortchange you after a motorcycle crash:
You know the crash wasn’t your fault, but the other driver could have a different story. They might claim that they had the right of way, you pulled out in front of them, you were speeding or driving recklessly, etc. The responding officer will take statements from both drivers and any witnesses, then examine the scene and make observations. Usually, their time is limited, and they won’t have the resources to investigate much beyond that.
The police report typically becomes available about a week after an accident. In it, the responding officer describes what they think happened based on all available evidence. However, in many cases, there is limited evidence, and they will do their best with limited data. If you feel that the police report is incorrect, we can search for evidence to show what really happened and challenge the report.
But that doesn’t mean the insurance company adjuster will be convinced. We’ve seen cases where the other driver admitted to causing the crash, or the police report concluded the other driver was at fault, but the insurance company still maintained the motorcyclist was at least partially to blame. Under Utah’s modified comparative negligence laws, two parties can share fault in an accident or other personal injury situation.
Why is this important? The party that is at least 50 percent responsible can’t collect damages and can be held liable for the other party’s damages. But the lesser-responsible party will lose whatever percentage of fault they have from the final award. So if the insurance company insists that you were 10 or 20 percent at fault, they can justify paying you less than your claim is worth.
An experienced motorcycle accident lawyer can fight these claims after gathering evidence and building a strong case for you.
One mistake many people make when filing their own claim for a motorcycle accident is failing to ask for enough compensation. Some people only file a claim for their medical bills and property damage without thinking about their other damages. If the insurance company recognizes their client was at fault and it would be challenging to blame you, they may decide to make you an offer. The problem is that it will likely be for much less than your claim is worth.
Here are some damages that we always consider when helping a client with a motorcycle accident claim:
You should be particularly concerned if the insurance company makes you an offer quickly after your motorcycle crash. This is often a sign that the insurance company is trying to reduce its exposure by making a lowball offer for far less than your claim is worth. If you read the fine print, you’ll probably see that accepting the offer releases them from any further obligation regarding your accident. So if you find you have more expenses later, they won’t have to cover them. For this reason, we encourage you to always seek legal advice before accepting an insurance company offer.
Motorcycle accidents can be stressful, especially if you are injured and in pain or disoriented. If you can, try to remember these steps to protect your legal rights:
If you or a loved one have been hurt in a motorcycle accident, please contact Valley Law Accident and Injury Lawyers at 801-810-9999 for a free consultation. We’ll review your case, answer your questions, and explain your options for seeking compensation.
Founder and lead Salt Lake City personal injury attorney Brigham Richards has been fighting to protect the rights of injured people since 2012. He works on each case from beginning to end, including negotiations, litigation, and case resolution. Mr. Richards can also assist clients who speak English or Spanish.
It depends on the circumstances of your accident, but in many cases, yes. An experienced motorcycle accident attorney can help you determine the best way to address your damages. If…
Yes. A lawyer will assist you with calculating your damages, seeking compensation from the liable party, and ensuring you receive a fair settlement. The claims process can be complicated, and…
We have helped many clients recover from injuries resulting from car accidents in West Valley, Salt Lake City, and the greater Utah area. We are here to help you recover after an accident. If you've been injured, don't hesitate to call Valley Law Accident and Injury Lawyers for a free consultation. We have recovered millions for our clients and we are ready to fight for you.
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