MOTORCYCLE ACCIDENTS

Our Greenville, South Carolina insurance disputes attorneys can help you with denied insurance claims. Lawyer assistance is often a necessary part of insurance disputes litigation when you want to ensure you are being treated fairly after a serious accident or catastrophic injury.Each month, you pay your insurance premiums as part of an agreement with your insurance company. This agreement outlines that should you have an auto accident, medical emergency, or catastrophic damage to your home, the insurance company will cover your losses according to the terms of your mutual contract.

Many people never have to use the insurance but sometimes due to not fault of your own, you have to use that policy and the safety net it is supposed to provide. Unfortunately, however, the insurance company does not always come through with their promise to protect you.

Biases In Motorcycle Accident Claims

South Carolina is a very scenic state that enjoys a relatively mild climate. With that, it is a beautiful place to ride motorcycles. With summer upon us and the increasing number of motorcyclists on our roads, there inevitably will be accidents resulting in serious injuries. Lawyers who represent motorcyclists must remember that motorcycle accident claims can involve issues of bias that are not present in accidents and trucking accident cases.

To get the best result for an injured motorcyclist, your motorcycle accident attorney must be cognizant of these bias issues from the very beginning of the case and address them in a thoughtful but aggressive way.

Anti-Motorcycle Bias

There are three very common biases that work against motorcyclists. They are that motorcycles are:

1) Hard to see

2) Driven too fast

3) Operated by reckless young people, adrenaline junkies or unruly gang members

These biases arise from a small number of encounters with motorcyclists who drive irresponsibly. Most motorcyclists are like other drivers. They operate with due care for the safety of themselves and others. Unfortunately, we forget all of the careful motorcyclists when we see that one person who speeds crazily, weaving in and out of traffic, and passes recklessly on the right or in a no passing zone. This reckless driver is the one who shapes our opinion of all motorcyclists. These people and events are memorable because watching them is upsetting. They make us feel unsafe and defensive around motorcycles. In the end, we see motorcycles as annoying and they trigger strong negative emotions.

Overcoming jury and witness bias requires identifying the negative factors in each particular case, separating them, and rebutting each one with solid proof and arguments. The “hard to see” bias arises from the fact that motorcycles are generally small and the ones we remember may seem to “come out of nowhere.” Overcoming this bias is likely to require photographs and diagrams of the scene and careful measurement of the relevant distances and sight lines. Video evidence may demonstrate how easily the defendant could have seen the motorcycle if he had been attentive. Statements of witnesses that the motorcycle was in the right place and visible may be available and should be aggressively sought.

The “driven too fast” bias arises from the fact that motorcycles are often loud. Witnesses who are called upon to testify about speed may mistakenly assume that there is a direct link between noise and velocity. Evidence such as skid marks, crush damage to the vehicles involved, and testimony about the timing of related events may be helpful in overcoming mistaken assumptions about speed. Combining witness testimony with time, speed and distance formulas can rebut suggestions of speeding or unsafe driving.

The “wild, bad people” bias may be the easiest one to overcome. Testimony from treating doctors, people at the scene, co-workers, friends, family and from the injured victim himself are the best sources of evidence to humanize a client and separate him from unfair and harmful stereotypes.

The arguments described above for overcoming jury bias against motorcyclists are fact-based arguments. In addition to these arguments, a well-prepared lawyer will use pre-trial motions and basic jury instructions to protect his or her client. Every juror can relate to the “Rules of the Road.” South Carolina law states that every motorist must use ordinary care at all times for his safety and for the safety of others; that a driver has a duty to see that which is open and apparent; that a driver must operate his vehicle at a speed as to be able to avoid any visible obstruction; that a driver must respect others’ rights-of-way; and that a driver may not turn a vehicle or move left on a road unless the movement can be made with reasonable safety. These rules can and must be stressed from jury selection through closing argument in any trial of a motorcycle accident case.

Pre-trial motions are also an important part of the fight against jury bias. Before a lawyer gets to the factual dispute about such issues as noise, helmet use, tattoos, organization membership, etc., it may be possible to have the court prohibit reference to them on the basis that they are not probative, or that the probative value of the evidence is outweighed by its prejudicial impact. The jury selection process also can be used to identify and remove biased potential jurors.

Thorough investigation and thoughtful case preparation by an experienced Greenville personal injury lawyer who knows what to look for at a motorcycle crash scene and aggressive case preparation of the factual and legal arguments give the injured motorcyclist the best chance to overcome bias among witnesses and jurors, and the best possible chance for a successful outcome in a South Carolina motorcycle accident case.

South Carolina residents who enjoy riding motorcycles due to the weather have the same right to enjoy the road as other drivers, but all too often, their safety is jeopardized by negligent motorists. Many drivers fail to see motorcycles on the road. Other motorists see motorcycles and simply fail to act with reasonable caution. Tragically, motorcyclists often suffer serious injuries as a result of accidents. Even the slightest impact can throw a biker from his or her motorcycle. Unlike other motorists who may have air bags and other safety devices, motorcyclists are uniquely exposed to a high risk of serious injury or wrongful death when accidents occur.

Motorcycle Safety Tips

Despite the fact that South Carolina law expressly states that motorcycles are “entitled to the full use” of traffic lanes, many drivers on the road fail to give motorcyclists the respect they deserve. Indeed, all too often, South Carolina riders are injured in motorcycle accidents merely due to the fact that other motorists neglect to see them. Even worse, motorcyclists routinely come out on the losing end of most accidents as other motor vehicles typically outsize them considerably. Thankfully, there are many simple things that motorcycle riders can do to help decrease their chances of injury should they end up in an accident, such as wearing a helmet. For instance, according to numbers previously reported by South Carolina’s Department of Public Safety, roughly 69 percent of all motorcycle riders killed in crashes during 2010 were not wearing their helmets at the time of the their accidents.

However, helmets can even help prevent nonfatal motorcycle injuries, such as those injuries caused by blows to the head or neck. In fact, a study conducted by the Centers for Disease Control and Prevention (CDC), which reviewed motorcycle accident data from 2001 through 2008, found that 22 percent of all nonfatal motorcyclist injuries involved riders’ heads and necks.While there is little double that increased helmet use could certainly lower the likelihood of motorcycle head injuries, helmets are sadly not required under South Carolina law for motorcycle riders, except if they are under 21-years-old. Although, interestingly, a South Carolina bill was recently introduced that, if passed, would require helmets for all riders.
Other helpful motorcycle safety tipsHelmet use is not the only safety tip that motorcycle riders should adhere to while traversing South Carolina roadways.

For example, motorcycle riders should always:

Be conscious of blind spots of other cars and trucks, and not be afraid to honk to make sure other cars are aware of the motorcycle’s presence

Flash brake lights when slowing down as other vehicles often have a hard time of gauging a motorcycle’s speed

Make sure to leave enough space between the motorcycle and other vehicles, as this will permit sufficient time to respond to any erratic driving on the part of other vehicles
Wear long sleeves and thick protective clothing

Sadly, though, no matter how many preventative measures are taken by motorcyclists, it is inevitable that accidents still occur at the hands of other negligent drivers. If you or a loved one has suffered an injury in a motorcycle collision due to the fault of another, it is often best to seek the counsel of an experienced motorcycle accident attorney. A knowledgeable attorney can aid in investigating the causes of your accident and help outline your rights and options.

MOTORCYCLE ACCIDENTS

Biases In Motorcycle Accident Claims

Anti-Motorcycle Bias

Motorcycle Safety Tips

Help For Motorcycle Accident Victims

Contact Ryan Montgomery, Attorney At Law, LLC