Motorcycle Accidents vs. Car Accidents: Key Legal Differences

Motorcycle accidents and car accidents are similar in a number of ways; they’re both considered personal injury cases if victims decide to take legal action, and the insurance requirements are somewhat similar. But beyond there, the similarities are largely gone. From the role of liability and negligence to the severity of damages and how these claims are handled by insurance companies, there are significant differences that accident victims must take into account.

If you’ve been involved in a car or motorcycle accident, it’s time to talk to a lawyer. Call Cunningham & Mears today to schedule a time to talk to our experienced attorneys.

Liability and negligence: the stakes are higher for riders

On paper, the legal standard for establishing liability is the same for car drivers and motorcyclists. If you want to sue someone for damages caused by a collision, you have to prove that they were at fault for the collision and that the crash caused your injuries. However, these claims often play out differently due to biases against motorcyclists and other factors.

Motorcyclists are unfortunately often stereotyped as risk-takers. While riding is inherently more dangerous than driving a car, it’s simply unfair to assume that all motorcyclists are ripping through traffic at blazing speeds, ignoring traffic signs, and taking unnecessary risks. Even when a motorcyclist can demonstrate that they were following the rules of the road when a crash occurred, the other party’s insurance company can be trusted to try to shift blame. They may point to a rider’s choice not to wear a helmet, lane positioning, or speed.

Visibility can also make it hard to prove liability. Drivers can easily claim that they “didn’t see” a motorcyclist, and if they didn’t see someone, how could they be expected to avoid hitting them? This shouldn’t affect liability; drivers are expected to thoroughly check the space around them before turning or changing lanes. However, it often does, thanks to the bias against motorcyclists and the assumption that drivers are always speaking in good faith.

Oklahoma is a comparative negligence state, so how well you prove your case can make a significant difference in how much compensation you ultimately receive. If the other party successfully argues that you rode recklessly or didn’t take necessary precautions, that can slowly rack up the amount of blame you take. If they can demonstrate that you were 51% or more at fault, you receive nothing for your claim.

Insurance and coverage: motorcycle gaps and challenges

Although all riders and drivers are required to carry liability insurance, the quality of that insurance may vary quite a bit. In Oklahoma, minimum insurance requirements are the same for both motorcycle riders and drivers—$25,000 in bodily injury per person, $50,000 in bodily injury total per incident, and $25,000 in property damage.

This extends to coverage that can protect motorcyclists. Oklahoma riders can opt into MedPay coverage, which provides the same benefits to motorcyclists as it does to drivers under the same policy.

Motorcycle accident claims tend to have higher claim values than claims involving enclosed passenger vehicles. Riders are at heightened risk of serious injuries, and if the person who hit them is carrying the minimum amount of coverage they’re legally required to have, an injured rider could be left with a stack of medical bills and few legal options.

Legal processes and damages

The legal process, designed to give everyone the same shot at justice and fairness, doesn’t always work out as intended. In both motorcycle accident claims and car accident claims, victims need to prove the other party’s negligence to recover compensation. Unfortunately, motorcyclists often have more hurdles to clear than drivers.

Consider the greater risk of injury. When police respond to the scene of a crash and a rider is severely injured, how likely is it that the rider will be able to tell the police what happened and what they experienced? This leaves the other party to give their side and essentially control the narrative. While these issues can be addressed by a good attorney, it’s still a challenge that riders shouldn’t have to face.

Riders who have a hard time proving their claims may find that accident reconstruction experts play a significant role in their case. Reconstruction experts with knowledge of how motorcycles function in collisions can better explain what happened and give insurance companies the information they need to determine liability.

Catastrophic injuries

Perhaps the most significant difference between car accident claims and motorcycle accident claims is the risk of catastrophic injuries. Catastrophic injuries can happen in any type of accident, but the risk is undoubtedly higher for motorcyclists. Injuries like traumatic brain injuries, severe road rash, and compound fractures can leave motorcyclists unable to work for months (or permanently), rack up hundreds of thousands of dollars in medical bills, and result in permanent losses of function or mobility. Again, this puts riders at a grave disadvantage when they’re struck by a driver who carries the minimum amount of insurance required by state law.

These issues highlight the numerous challenges motorcyclists face after a crash—and the importance of hiring a personal injury attorney with experience in your type of vehicle accident.

Choose Cunningham & Mears for your vehicle accident claim

Whether you’ve suffered injuries in a car accident or motorcycle accident, having the right legal representation can make a big difference. Call Cunningham & Mears or contact our team online to find out how we can help you.