Overcoming Motorcycle Crash Defenses In Texas

Despite coronavirus pandemic lockdowns, in 2020, the number of fatal motorcycle wrecks hit an all-time high. Even if these victims survive, they normally sustain catastrophic (life-threatening) injuries. These injuries include TBIs (traumatic brain injuries), PTSD (post traumatic stress disorder), severe broken bones, and other wounds that are normally permanent, at least to an extent.

To obtain maximum compensation for these injuries, a Sugar Land motorcycle accident lawyer must do more than build a negligence case. Such minimum effort usually produces minimum results. An attorney must also be prepared to meet and refute some common insurance company defenses. This additional work usually makes the difference between maximum compensation and settling for less.

Formal Defenses

Some motorcycle crash claim defenses come straight out of the book. Comparative fault is probably the best example.

This defense shifts blame for an accident from the tortfeasor (negligent driver) to the victim. An informal defense, like the motorcycle prejudice, often makes comparative fault more effective. More on that below.

Almost all motorcycle wrecks have multiple causes. For example, if the tortfeasor turned illegally and the victim didn’t veer out of the way, based on those facts alone, the jury might divide fault 50-50.

Here’s where a Missouri City personal injury lawyer makes a big difference. Two-wheel open motorcycles are a lot harder to control than four-wheel enclosed vehicles. Even experienced riders often lose control of their bikes when they swerve suddenly. Furthermore, if the traffic was heavy, the rider couldn’t swerve or hit the brakes without hitting another vehicle.

The law in this area is very well-established. But the law recently changed regarding motorcycle helmets and their effect on liability issues. Now, if victims aren’t wearing motorcycle helmets, insurance company lawyers can reduce, or eliminate, the compensation the victim receives.

However, to use the motorcycle helmet defense, insurance company lawyers cannot simply cite safety statistics. Instead, they must prove that the victim’s failure to wear a helmet, as opposed to the tortfeasor’s negligence, substantially caused the victim’s injuries.

That’s difficult to prove in court. The sudden violent motion of a wreck, and not blunt force trauma, usually causes head injuries. So, in many cases, the victim would have sustained a head injury, helmet or not.

Informal Defenses

Some motorcycle crash defenses aren’t in any book, but they’re just as effective. The motorcycle prejudice is a good example. This informal defense is especially effective when paired with a formal defense, as mentioned above.

Many jurors believe most motorcyclists are reckless thugs. Therefore, if a defense like comparative fault might apply, jurors often jump on the bandwagon.

Overcoming prejudice is always a delicate matter. Many people get very defensive when people call them bigots. So, debunking the motorcycle prejudice usually isn’t the best approach.

Instead, a good lawyer often separates the victim from the prejudice. For example, if the victim wore a leather vest, many jurors might assume the victim was a thug. A lawyer must explain that many riders wear heavy leather for additional protection. Since these riders are more concerned about their safety, they usually ride safer as well.

Connect With a Hard-Hitting Harris County Attorney

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. We do not charge upfront legal fees in these matters.