Who is Liable in a Motorcycle Accident?


Receiving an injury in a motorcycle accident can be a major disruption to your daily routine and your entire lifestyle. If you have been injured in a motorcycle accident, you are, no doubt, curious about the value of your insurance claim or personal injury lawsuit. The truth is, it is nearly impossible to say for certain, due to the number and case-specificity of factors involved in determining such a figure. That being said, this article attempts to outline the primary aspects that affect the value of a motorcycle accident case.

The two most influential factors in determining the value of a motorcycle accident case are:

  1. The scope and magnitude of the plaintiff’s damages
  2. The probability of the defendant being found guilty

Plaintiff’s Damages

Placing a dollar figure on an accident victim’s loss is easier in some areas than others. Proof of loss of an exact dollar figure for income, receipts documenting medical bills, and market value of the motorcycle damaged are all examples of definitive damages. Others, however, are less objective, such as “pain and suffering.” These damages can only be predicted using a best-guess scenario.

The manner in which the accident affects the plaintiff is pivotal to determining damages as well. For instance, an active individual who is left with a permanent physical disability, or someone whose earnings potential at their given trade has been diminished because of the accident, will most likely be awarded greater damages.

Defendant’s Guilt

The second major determinant factor in valuing a motorcycle accident is the probability of the defendant being found liable for the accident. Regardless of the potential for damages, the value of a case will plummet if the plaintiff cannot provide evidence that the defendant is responsible for the plaintiff’s injuries.

A defendant will be more likely to gamble with a trial rather than agree to a settlement if there is little proof of their guilt. Conversely, with a strong case against them, a defendant will be more apt to settle quickly out of court.

Overcoming Prejudice Against Motorcyclists

Justice is blind, or so they say. However, many people have preconceived ideas about motorcyclists and their lifestyles, and jurors are no exception. Because of this, some juries may be reluctant to award a sizeable recovery to a motorcyclist as compared to a motorist in a passenger vehicle. This fact amplifies the importance of proving the two essential points of your case.

Motorcycle accidents can be devastating, and the legal processes and paperwork that follow can be frustrating and confusing. It is also common knowledge that insurance companies are not always fair to motorcyclists. If you have been injured in a motorcycle accident, you need someone fighting for your rights.

Contact Pueblo Motorcycle Accident Attorneys

The severity of injuries received in a Pueblo motorcycle accident demands that victims exercise their full rights under the law to recover compensation for medical expenses, therapy bills, lost wages, and damages. Any Colorado rider that has been involved in a motorcycle crash is advised to seek counsel immediately.

Motorcycle Accident Attorney Mickey SmithIf you have been injured in a Pueblo, Colorado motorcycle crash, attorney Smith & Smith can help. Contact Pueblo attorneys at Smith & Smith, today for a FREE CONSULTATION – (719) 544-0062.