Motorcycle accidents have become increasing common, with approximately 72.34 fatal crashes per 100,000 registered bikes. This is higher than the rate of crashes for the cars with 13.10 per 100,000 cars.
If you have recently been in a motorcycle accident to no fault of yours, then you’re wondering how you can claim an injury settlement for your loss. First off, consider getting an accident attorney to work on your case.
Second, understand that there are a number of factors that may affect your lawsuit. In order to have a best claim possible, it is necessary to know these factors.
Bias and prejudice exist against motorcycles
It is in human nature to be prejudiced about certain things. When it comes to a case between a motorcycle rider and a car driver, the jury may unconsciously act biased. In this scenario, they are less likely to award you the claim and thus the settlement offers by insurance adjusters will be reduced as well.
It is therefore important to get into this matter with a concrete case in your hands.
Value of a potential case for parties involved
A potential party may want a certain amount as a plaintiff while defendant may be willing to give an amount lower or higher than that. Valuing a case means guessing this amount for both parties.
This is also a good estimate of what a plaintiff would be willing to accept as a settlement outside the court. Two factors affect this valuing are; the damages a plaintiff has to show and the likelihood that the jury will find the defendant liable for them.
Estimating plaintiff’s damage
It is difficult to make an accurate guess; the outcome will after all be decided by the jury.
There are some concrete evidences for a plaintiff’s loss which include medical bills as well as lost wages.
However, pain and suffering is a subjective matter and an amount can only be estimated keeping similar previous cases in mind. Even the most in depth analysis can only help predict a value which may or may not be different than the actual to be received later.
Defendant’s liability and potential damages
The likelihood of a defendant being found guilty depends mostly on concrete evidences which can be submitted to the jury.
However, even with high potential damages, defendants are more likely to take it to court. Similarly, a plaintiff risks receiving nothing if they opt for trial. Hence they are more likely to accept a lower settlement instead. The main factor remain that juries are more likely to go for a decision that is unfavorable for a motorcycle rider.
Availability and coverage of insurance
If a defendant does not have many assets, a settlement is unlikely to exceed their auto insurance liability limits. While the jury will increase the amount, a plaintiff may not be able to collect this whole amount.
In such scenarios, a plaintiff’s best option will likely be to accept the settlement offered to them. This is most often going to be equal to the amount of insurance coverage limits.
If you require the assistance of a motorcycle accident attorney, get in touch with us today.