A motorcycle rider has chosen to become one of the most vulnerable people traveling along any given highway. Hence, such risky behavior can result in an accidental occurrence. Often such an accident forces the injured rider to spend many weeks or months confined to a bed.
Naturally, many of those injured riders have seized on their right to file a personal injury claim. Unfortunately, the defense lawyers hired by insurance companies have become skilled at responding to such claims. This article reveals the details, regarding the challenges made by defense teams against motorcycle accident claims.
Rider not seen by motorist
This statement belongs at the top of any listing of the most commonly-used challenges. Indeed, motorcyclists ought to strive to make themselves as visible as possible. Motorcyclists should travel in the space reserved for cars and other vehicles. Those that prefer to get between the cars parked at an intersection invite trouble.
The motorist does not expect someone to come riding up along the line that separates two lanes. That motorist might fail to look in his or her mirror soon enough to see the approaching motorcycle. In such a situation, a defense lawyer can make a strong challenge, one based on the fact that the defendant had failed to see the rider.
Vulnerability of riders
Anyone that travels down the road on a motorcycle has taken a risk. That is an established fact. A defense attorney can use that fact as the basis for a challenge. The adult sitting in that exposed position has chosen to accept the risks that are associated with riding on a vehicle that lets the air blow on your face.
Available gear does little to diminish that vulnerability
The force on a head, if a collision throws someone from the motorcycle’s seat, can exceed the sturdy nature of the protective barrier supplied by a helmet. In other words, not all helmets can handle to force created by every type of collision. Moreover, a brain injury can increase the chances for unexpected complications. Those facts can be used to create a different challenge. Sometimes, a defense lawyer does not even need to present such facts. Too often a rider’s decision to abandon use of a helmet gives the insurance company a sound reason for denying a motorcyclist’s accident claim.
Victims of a motorcycle accident face a lengthy recovery
Until the injury has stabilized, no one can assess properly the true nature of a given injury. In the absence of such an assessment, the personal injury lawyer in Kingston for the plaintiff cannot make a sound argument. In the absence of a sound argument, the court must acknowledge the platform that supports the challenge that has come. from the defense team.