How an Experienced Motorcycle Accident Lawyer Can Help Protect Your Rights
Motorcycle accidents often result in severe, life-changing injuries, and when they happen, victims deserve fair compensation for their medical bills, lost wages, property damage, and more. Unfortunately, insurance companies frequently undervalue motorcycle accident claims, using biases and stereotypes against motorcyclists to reduce or deny payouts.
This can leave victims feeling overwhelmed and unsure of how to secure the compensation they are entitled to. At The Rothenberg Law Firm, we have over 50 years of experience helping clients recover billions of dollars in compensation, and we know firsthand the unfair tactics insurance companies use against motorcyclists.
If you’ve been in a motorcycle accident, talk to a New York city motorcycle accident lawyer before speaking with any insurance company. Our experienced lawyers will handle your case from start to finish, protecting your rights and watching out that the insurance company doesn’t take advantage of you.
New York City Motorcycle Accident Guide
- How an Experienced Motorcycle Accident Lawyer Can Help Protect Your Rights
- Why Insurance Companies Are Biased Against Motorcyclists: Unpacking the Misperceptions
- Motorist Responsibility Around MotorcyclistsThe Unique Community of Motorcycle Riders
- How Bias Against Motorcyclists is Reflected in Insurance Claims
- Countering Insurance Company Biases: How a Lawyer Can Help
- The Catastrophic Nature of Motorcycle Injuries
- Motorist Responsibility Around Motorcycles
- Statute of Limitations for Motorcycle Accident Claims in New York
- Contact The Rothenberg Law Firm Today
Why Insurance Companies Are Biased Against Motorcyclists: Unpacking the Misperceptions
One of the primary reasons insurance companies are biased against motorcyclists lies in the misconceptions and negative stereotypes surrounding motorcycles and their riders. These perceptions influence the general public and affect how insurance adjusters evaluate claims.
A lawyer who understands the root of these biases can challenge them effectively in a motorcycle accident claim. Let’s explore some common misperceptions about motorcyclists and how they can be debunked.
Motorcyclists Are Reckless by Nature
Many people wrongly assume that motorcyclists take excessive risks on the road, engaging in dangerous behaviors like speeding, weaving through traffic, or ignoring traffic laws. This stereotype may stem from images of motorcyclists in popular culture, where riders are often portrayed as rebellious or thrill-seeking. Insurance companies can use this assumption to argue that the motorcyclist was at least partially responsible for an accident, even when the evidence points to the other driver’s negligence.
Most motorcyclists are responsible, law-abiding drivers. Because motorcycles offer less physical protection than cars, riders are often more cautious and attentive.
Studies show that other drivers, not the motorcyclist cause a significant percentage of motorcycle accidents. In particular, accidents often occur because drivers fail to notice motorcycles, especially when making turns or changing lanes. Challenging the narrative of recklessness is essential in ensuring motorcyclists receive fair treatment in their claims.
Motorcycles Are Inherently Unsafe
There is a widespread belief that motorcycles are dangerous by nature simply because they are smaller and more exposed than other vehicles. Insurance companies may point to the higher rate of serious injuries in motorcycle accidents as proof that motorcyclists are putting themselves at unnecessary risk. This can be used to devalue claims by suggesting that the rider assumes the risks of riding a motorcycle, meaning they should accept lower compensation.
While motorcycles offer less protection than cars, the danger often comes from how other drivers behave around motorcyclists. The lack of a physical barrier doesn’t make motorcycles unsafe, but the failure of other motorists to share the road properly does.
Defensive driving and motorcycle safety courses are common practices among responsible riders, many of whom are well-versed in road safety. A motorcycle accident lawyer can counter these arguments by highlighting the other driver’s negligence and focusing on motorcyclists’ rights to use the road safely.
Motorcyclists Are Primarily Young, Risk-Taking Men
Another misconception is that motorcyclists are mostly young men who engage in risky behaviors. Insurance companies can use this stereotype to diminish claims by suggesting that a rider is more prone to reckless actions, even without specific evidence.
This generalization ignores the diversity of motorcycle riders and the fact that many are experienced, mature, and careful drivers. The motorcycling community is actually incredibly diverse, with riders from all walks of life.
Many motorcyclists are older, experienced individuals who enjoy riding for practical purposes, such as commuting or touring, not for adrenaline-seeking thrills. In fact, the median age of motorcycle riders has risen in recent years, and a significant percentage of motorcyclists are women. By challenging these outdated stereotypes, we can ensure that riders are treated with the same respect and fairness as any other driver.
The Unique Community of Motorcycle Riders
Motorcyclists share a unique bond that extends beyond simply using the same mode of transportation. For many, riding is not just a way to get from one place to another—it’s a lifestyle and a passion.
This sense of community is important to consider in motorcycle accident cases, as many riders take pride in their bikes, customizing them to reflect their personalities and investing in them as valuable assets. Insurance companies often fail to recognize the true value of a customized motorcycle, offering inadequate settlements that do not reflect the real cost of repairs or replacement.
By understanding riders’ connections with their bikes and the motorcycle community at large, a skilled lawyer can advocate for appropriate compensation that acknowledges motorcyclists’ investment in their vehicles.
How Bias Against Motorcyclists is Reflected in Insurance Claims
As mentioned above, motorcyclists are frequently stereotyped as reckless or irresponsible drivers, which can unfairly influence how insurance companies handle their claims. Insurers may argue that the rider was speeding, weaving through traffic, or otherwise acting dangerously, even if there is no evidence to support these claims. This bias can result in:
- Reduced settlements: Insurance companies may attempt to reduce the compensation offered to cover your injuries, lost wages, and damages by arguing that you were partially or fully at fault for the accident.
- Delays in processing claims: Insurers might delay processing a claim, hoping the injured motorcyclist will give up or accept a lowball offer.
- Disputes over property damage: Because motorcycles are often customized or specialized, insurers may undervalue the cost of repairs or replacement, offering far less than the bike is worth.
Motorcycle accident victims should never try to handle these claims alone. Insurance adjusters know the tactics to use to devalue or deny a claim. By working with the motorcycle accident lawyers from The Rothenberg Law Firm, you have an advocate who knows how to counter these biases and ensure that you are treated fairly.
Countering Insurance Company Biases: How a Lawyer Can Help
Filing a motorcycle accident claim is a complicated process, and without legal help, it’s easy to make mistakes that could jeopardize your compensation. Insurance companies know how to manipulate claimants into accepting lowball offers or admitting fault, which can reduce or eliminate their ability to recover damages.
A personal injury attorney with experience handling motorcycle accident claims knows how to navigate the challenges posed by insurance company biases. We build strong cases that demonstrate the motorcyclist’s right to full compensation.
When you hire a lawyer from The Rothenberg Law Firm, we take over all communication and negotiations with the insurance company. We handle everything related to your claim, including:
- Filing paperwork: We ensure your claim is filed correctly and on time.
- Gathering Evidence: We collect and preserve all available evidence from the accident, including police reports, witness statements, traffic camera footage, and expert testimony. This evidence helps combat any bias by showing the true cause of the crash and establishing the other driver’s negligence.
- Proving Liability: In many motorcycle accident cases, the other driver is at fault. Whether it’s due to failing to check blind spots, making illegal turns, or tailgating, our attorneys will work to prove that the motorist was responsible for the crash. Motorists have a duty to share the road with motorcyclists and exercise caution to avoid accidents.
- Challenging Lowball Offers: Insurance companies often make initial offers far below what the victim deserves. Our lawyers negotiate aggressively to ensure that the insurance company pays out the full value of your claim, including compensation for medical bills, property damage, lost income, pain and suffering, and any future medical needs.
- Protecting your Rights: We protect you from insurance company tactics and ensure you are treated fairly throughout the claims process.
- Representing You in Court: If the insurance company fails to offer a settlement that reasonably addresses your injuries and losses, we are ready to go to trial. Your attorneys will work to secure the settlement or verdict you deserve.
The Catastrophic Nature of Motorcycle Injuries
The amount of compensation needed for a motorcycle wreck can often be steep. Motorcyclists face a much higher risk of catastrophic injury in an accident due to the lack of protection offered by a motorcycle. Unlike passengers in cars or trucks, motorcyclists are exposed to direct impact from other vehicles, the road, and any nearby objects. Injuries can include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries and paralysis
- Broken bones
- Severe lacerations and road rash
- Internal injuries
These types of injuries often require long-term medical care and can leave victims unable to work or live independently. The financial and emotional toll of a catastrophic injury is immense, and it’s essential to have a lawyer who understands the full scope of the damages you are entitled to and will fight to secure maximum compensation.
Insurance companies may try to minimize the severity of these injuries or blame the motorcyclist for their own suffering. An experienced motorcycle accident lawyer understands the unique challenges these cases present and knows how to advocate for the full compensation you deserve.
Motorist Responsibility Around Motorcycles
Many motorcycle accidents occur because other drivers fail to see or respect motorcyclists on the road. Motorists have a responsibility to:
- Check blind spots before changing lanes.
- Use turn signals well in advance of turns or lane changes.
- Give motorcyclists adequate space on the road.
- Avoid distractions, such as texting while driving.
- Yield the right of way when appropriate, especially at intersections where many motorcycle accidents happen.
Despite these responsibilities, too many drivers fail to follow basic safety rules around motorcycles, resulting in serious accidents. When a motorist’s negligence causes a crash, they should be held accountable for the injuries and damages they cause.
Statute of Limitations for Motorcycle Accident Claims in New York
In New York, motorcycle accident victims generally have three years from the date of the accident to file a personal injury claim. However, if the accident results in a wrongful death, the statute of limitations is two years from the date of death. These deadlines are critical. Failing to file a claim within the statute of limitations can result in the loss of your right to seek compensation.
This is why contacting a lawyer as soon as possible after your accident is so important. Evidence can disappear, memories can fade, and insurance companies will begin working on their defense immediately. By contacting The Rothenberg Law Firm right away, you ensure that your case is handled properly from the start.
Contact The Rothenberg Law Firm Today
Handling a motorcycle accident claim can be overwhelming, especially when facing the biases and prejudices that insurance companies often bring to the table. At The Rothenberg Law Firm, we take on the full responsibility of managing your claim, ensuring that the insurance company treats you fairly and that your rights are protected every step of the way.
If you’ve been injured in a motorcycle accident, don’t let the insurance company take advantage of you. We have over 50 years of experience fighting for injured motorcyclists, and we know how to counter insurance company biases to ensure you receive the compensation you are entitled to.
By addressing insurance companies’ misperceptions about motorcyclists, debunking stereotypes, and shifting the focus to motorist responsibility, we ensure your claim is supported by strong evidence and legal advocacy. Our New York City personal injury lawyers will handle your case from start to finish so you can focus on your recovery.
Contact the Rothenberg Law Firm today to schedule a free consultation. Call our office at 800-624-8888 or contact us online right now.
