Many of our Georgia readers may think that personal injury lawsuits based on car accidents and motorcycle accidents are similar, and in many ways, they are right. In both types of cases, the injured party will need to prove the liability of the alleged negligent party. Both types of cases will usually involve eyewitness testimony, and many different other exhibits of evidence, including photos of the area where the crash occurred and documentation of the injuries. However, there are a few unique factors that an injured motorcyclist may face.
The first problem for motorcyclists is the fact that there is the perception that there are quite a few more ways for a person to wreck a motorcycle than there are for a person in an automobile. For instance, a rider may be inexperienced, or the road may have presented certain hazards that made it difficult to control the motorcycle. The most infamous factor, perhaps, the motorcycle rider was not wearing a helmet.
All of these factors may come into play, if a plaintiff is forced to prove the case in court. And, that is the most unique part of a motorcycle accident case: the perception of potential jury members regarding people who ride motorcycles.
Is this fair? Of course not. Nonetheless, it is a reality that a person who is injured in a motorcycle accident can expect to face in court. Fighting this perception can become an outsized part of a personal injury lawsuit involving a motorcycle accident. But, there are ways to combat this perception, with the right approach.
Source: FindLaw.com, "Motorcycle Accidents: Overview," accessed on Aug. 23, 2015