What special issues come into play when a motorcycle is involved in an accident?
Because civil cases often go before a jury, motorcycle accidents are sometimes more difficult to win because of media stereotypes that depict motorcyclists as reckless drivers. Even if a motorcyclist was wearing a helmet and other safety gear, the injuries suffered by the motorcyclist are often more severe than those suffered by the driver of a car in a similar accident. A motorcycle does not have a protective frame to absorb impacts. This does not mean that a motorcycle is unsafe or that a motorcyclist is always at fault, but the other driver’s insurance company would like every judge and jury to think this way. The insurance company is often particularly fierce about arguing that a motorcyclist is at fault for an accident in order to avoid paying for surgeries, prolonged hospitals stays, physical therapy, and other treatments that are necessary for the recovery of a badly injured motorcycle accident victim. They will argue that riding a motorcycle — and especially riding a motorcycle
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