Overcoming The Unique Challenges Of Motorcycle Accident Cases

Navigating hidden biases against fair treatment is a major obstacle in many motorcycle accident claims.


  • The challenges of motorcycle accident cases can include an intense recovery from catastrophic injuries, a heavy financial burden, and a persistent stereotype that motorcyclists are careless operators.
  • Motorcycle accidents are especially dangerous due to the lack of protection for riders, leading to serious injuries like road rash, head trauma, and spinal cord damage.
  • The financial burden of motorcycle accident injuries can be significant, with medical bills and lost wages adding to the stress of recovery.
  • An additional challenge for victims is overcoming “motorcycle bias,” where riders are stereotyped as reckless and their injuries downplayed.
  • An experienced motorcycle accident lawyer can help fight this bias, gather evidence, and negotiate fair compensation for your injuries.

Motorcycle accidents are unfortunately common, and can have serious impacts on the lives of victims. The risk of significant injury in a motorcycle accident is very high, and the general public may be unfairly biased against riders. Don’t let the challenges of motorcycle accident cases deter you from seeking the compensation you are owed.

If you or a loved one is injured in a motorcycle accident, don’t lose hope. Motorcycle accident claims face considerable barriers to compensation. However, with help from a skilled lawyer, you can overcome these challenges.

The team of accomplished motorcycle accident attorneys at Werner, Hoffman, Greig & Garcia is ready to defend your rights and secure fair compensation for your damages. Schedule a free consultation with us by contacting us online or calling us at (800) 320-HELP.

What percentage of motorcycle accidents result in injury or death

Despite making up only 3% of all vehicles on the road, motorcycle accident statistics show that motorcycles account for 14% of all traffic fatalities. Unlike the enclosed cabins of cars, motorcycles offer minimal protection in a crash. Riders are exposed to the full force of the impact, leaving them vulnerable to serious injuries.

These injuries can include:

  • Road rash: This excruciatingly painful condition occurs when skin scrapes against the pavement at high speeds. Motorcyclists with road rash can suffer dangerous infections and develop permanent scarring.
  • Traumatic Brain Injuries: Even with helmets (which are mandatory in Florida), motorcycle riders are far more susceptible to head injuries like skull fractures, concussions, and other traumatic brain injuries.
  • Spinal cord injuries: The force of a motorcycle accident can damage the spinal cord, potentially leading to partial or complete paralysis and permanent disability.
  • Broken bones: Fractures are common in motorcycle accidents, affecting arms, legs, ribs, and the pelvis. These can require surgery and extensive rehabilitation. Broken bones may have long-term consequences for mobility and daily living.

The financial repercussions of these injuries can be devastating. Medical bills quickly accumulate, and lost wages due to missed work add to the financial strain. The long-term effects of these injuries can severely impact a victim’s quality of life and ability to work, potentially even leading to long-term disability.

If you’ve been involved in a motorcycle accident and sustained injuries, seeking legal help from a qualified motorcycle accident attorney can ensure you receive the compensation you deserve.

How the Challenge of Motorcycle Bias Can Impact Your Claim

One of the greatest challenges of motorcycle accident cases is disputing entrenched ideas about motorcyclists. The stereotype of the reckless motorcyclist, often known as motorcycle bias, is a significant hurdle for accident victims seeking fair treatment. This bias can creep into police reports, insurance company assessments, and even jury decisions.

Here’s how motorcycle bias can manifest.

  • Questioning visibility: There’s a common misperception that motorcycles are nearly invisible on the road. Statements like “they should have seen me coming” from the at-fault driver might imply you weren’t visible enough on your motorcycle, even if you were following traffic laws.
  • Speeding assumptions: Motorcycles have a reputation for speed. Insurance companies or juries may assume motorcycle riders were speeding, even without evidence. That can unfairly shift the blame to you and make it seem like you were at fault for the motorcycle accident.
  • Downplaying injuries: Some might downplay the severity of motorcycle injuries due to the stereotype of riders being thrill-seekers who accept inherent risks.

Insurance companies are very aware of motorcycle bias. They may attempt to use it to their advantage to avoid paying out what they owe you. The at-fault driver or their lawyer may play into motorcycle bias as well. This makes it incredibly important to find an experienced personal injury lawyer who knows how to defend against these methods.

How Motorcycle Accident Lawyer Can Help Your Cases

Motorcycle accidents are dangerous and can leave victims with significant physical, mental, and financial burdens. Receiving fair compensation often means fighting through motorcycle bias while seriously injured.

A motorcycle accident lawyer can provide key assistance at a difficult time, fighting for your rights in several ways:

  • Gathering evidence: Your lawyer will investigate the accident scene, collect witness statements, and analyze traffic camera footage. They will use this information to disprove bias-based assumptions about the accident and demonstrate the other driver’s fault.
  • Countering false narratives: They will address any accusations of speeding or recklessness head-on, presenting evidence that proves your adherence to traffic laws.
  • Highlighting driver negligence: The focus will shift to the other driver’s actions that caused the motorcycle accident, showcasing their negligence and liability.
  • Negotiating with insurance companies: Attorneys with experience dealing with motorcycle accident claims can negotiate with insurance companies who might try to take advantage of motorcycle bias to offer low settlements.

Choose Our Capable Team at WHG to be Your Motorcycle Accident Lawyers

The aftermath of a motorcycle accident can be traumatic, especially when facing an unfairly negative view of motorcyclists that can hold you back from receiving fair compensation. The team of motorcycle accident lawyers at Werner, Hoffman, Greig & Garcia have your back.

With our skills and experience, we can help you overcome the challenges of a motorcycle accident claim. Our personal injury lawyers will diligently help you pursue and recover the compensation you deserve. Get started by contacting us online or calling us at (800) 320-HELP to schedule a free consultation.

Frequently Asked Questions

What should I do immediately after a motorcycle accident?

In the aftermath of any accident, your first steps are crucial, both for your safety and for your long-term legal and financial health. To stay safe and improve your chances of adequate compensation:

  • Move away from the flow of traffic
  • Check for injuries and seek medical attention
  • Call 911
  • Exchange information with other drivers
  • Gather evidence at the scene, like photos and witness information
  • Inform your insurance company
  • Contact a motorcycle accident lawyer

Does Florida require motorcyclists to wear helmets?

Florida law requires that all motorcycle riders under the age of 21 wear helmets. If you are above the age of 21, you may choose not to wear a helmet. However, you must carry at least $10,000 in personal injury protection insurance.

What compensation can I recover after a motorcycle accident?

After a motorcycle accident, you may be entitled to compensation for the physical, emotional, or financial damages you suffer. Compensation received in a motorcycle accident claim may cover:

  • Medical expenses
  • Lost wages
  • Property damage
  • Pain and suffering
  • And more

Consult with an experienced motorcycle accident attorney for a personalized assessment of the compensation available in your case and assistance overcoming the typical challenges of motorcycle accident cases. If the insurance company is unwilling to make a fair offer, your lawyer may recommend filing a personal injury lawsuit and taking your case to court.

No Win, No Fee Commitment

Werner, Hoffman, Greig & Garcia is committed to helping you rebuild your life after a hardship. We are not just your legal team—we are your allies, your partners, and your advocates. We will do everything we can to handle your case with compassion and care, and to get you the results you need!

“And for every fight we take on, know this…we are doing everything we can to make sure we win!”

— Werner, Hoffman, Greig & Garcia

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About the Author

Adam Werner is a partner and practicing attorney at WHG. He specializes in personal injury cases, workers’ compensation claims, and veteran disability benefits. He routinely writes about personal injury and workers comp topics for the Werner, Hoffman, Greig & Garcia blog

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