Many people love motorcycles for the freedom and lifestyle they represent. While some view the inherent risk of riding a motorbike as part of the charm, the truth is those motorcycle accidents are often more deadly, or result in more serious injury, than auto accidents.
While your insurance should cover your medical expenses after a motorcycle accident, the negative perception of motorcyclists can make this more complicated than necessary. Despite the fact that most motorcycle accidents are due to car drivers failing to recognize and detect motorcycles, bike riders have a misguided reputation for being reckless. This leads to higher insurance premiums and more difficult claims procedures.
One of the trickiest parts of a motorcycle accident claim is proving fault. Luckily, modern technology can help resolve common claims issues by providing accurate, objective evidence of the accident, making it much easier to determine fault and resolve the motorcycle accident claim.
Our motorcycle accident lawyers at The Dominguez Firm in Los Angeles share our insights about what evidence you need to stay protected in case of a claim.
Important Aspects of a Motorcycle Claim
Navigating a motorcycle insurance claim can feel extremely challenging, especially if you’ve suffered injuries as a result of the accident and want to focus on recovery. A large component of a successful claim is having the necessary evidence that provides a clear picture of the situation.
Negligence and Fault
Negligence refers to the breach of care that leads to the accident happening. In any activity, there is an assumed standard of care that keeps people safe, such as obeying road laws or being an attentive driver.
Negligence is failing to keep to the assumed standard of care. If negligence leads to injuries or damaged property, the party at fault has to cover the damages resulting from the accident.
Proving negligence can be challenging, especially in complex accidents or those with few or no witnesses. Having technological solutions can provide stronger evidence and speed up the process.
California operates under the principle of “comparative negligence,” which means that you can pursue compensation even if you’re partially at fault. If you were 20% at fault, you can pursue compensation for up to 80% of the total damages.
The challenging part is working out comparative fault. Were you 20% or 40% at fault for the accident? As with other aspects of the claim, having solid evidence to back up your claim can make pursuing compensation and proving your claim much easier.
Mounted Motorcycle Cameras
Mounted cameras are an invaluable tool in recording every second of an accident. Most motorcyclists use helmet-mounted GoPros to record their rides, but there’s also the option to install a camera on your dashboard to provide a wider recording angle.
What makes cameras so useful is that they provide the necessary context and visuals for the accident. You no longer have to rely on memories or witnesses who may have only seen a portion of the accident. Now, you have a full record of everything leading up to the accident, the accident itself, and the aftermath as well.
Since many motorcycle accidents involve distracted drivers, having hard evidence can help avoid false accusations and make determining fault significantly easier.
If you’ve been in an accident, the last thing you want to do is to have a prolonged claim experience. Many insurance companies will try underhanded tricks to get you to acknowledge some fault in an accident to reduce your claim amount or to refuse to pay your claim out entirely.
Having an accident attorney on your side can help reduce the chances of insurance assessors succeeding in their initial attempts to invalidate your claim. However, having additional evidence from a mounted camera adds more tools to our arsenal to help you resolve your claim quickly and satisfactorily.
Most cars on the road have a black box that constantly gathers information like location, speed, braking force, cornering force, and even the weight of the passenger. Many insurance companies have started offering telematics-powered insurance that uses the driver’s driving habits to calculate insurance premiums.
Black boxes are another useful source of information and evidence for a motorcycle claim. Telematics can make reconstructing the accident scene easier, while also providing evidence of potential negligence, such as speeding or distracted driving.
Unfortunately, telematics devices on motorbikes are still relatively rare. Many riders feel that they affect the feeling of freedom associated with motorcycles, while others have privacy concerns. Insurance companies will often use vehicle telematics to back up their claims, and it may be worthwhile to invest in your own to protect your rights and interests.
Working With an Attorney to Prove Your Motorcycle Accident Claim
Motorcyclists have an undeserved reputation for being reckless and unsafe drivers, which may affect your ability to pursue a motorcycle accident claim successfully. Traditionally, riders have had to rely on witnesses and their own testimony, which may prove unreliable in a complex motorcycle accident case.
While technology such as mounted cameras and telematics can help provide evidence supporting your claim, you may still need an attorney on your side. Our team at The Dominguez Firm in Los Angeles understands the challenges facing motorcyclists after an accident, and we’re here to help.
If you’ve been in an accident and need legal help, don’t hesitate to schedule a free consultation with a motorcycle accident lawyer at The Dominguez Firm at (800) 818-1818 today!
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