Defenses to Expect in a Motorcycle Accident Personal Injury Case

defenses in a motorcycle accident caseAfter a motorcycle accident, an individual can face an unsure future as a result of injuries. One moment, he was riding down the road with the wind in his hair. In the next moment, he’s facing a long and grueling physical recovery and bombarded with unplanned medical debt.
Georgia law allows motorcycle crash victims to seek compensation for accident-related injuries and other losses.
However, injured motorcyclists shouldn’t expect the liable party to simply hand over a fair settlement without a fight. Defense attorneys have numerous tactics they use to try to blame riders for their own accidents—despite studies showing that when motorcycles and vehicles collide, the motorist is likely the one at fault.

Common Motorcycle Accident Defenses

Being aware of defenses used in motorcycle accident cases can help injured bikers prepare to refute them with the help of their attorneys.
Some of the most common defenses in motorcycle crash cases include:

  • The defendant “didn’t see” the motorcyclist. Though this is a common defense, it often isn’t effective. Motorists have a duty of care to watch for other vehicles, motorcycles, bicycles, and pedestrians to avoid a crash. Those who don’t may be liable for accident-related damages.
  • The defense questions a motorcyclist and his riding experience. Attorneys may raise concerns about a motorcyclist’s experience in general, his experience with the particular bike involved in the accident, whether he has any disabilities, and if he wore wearing appropriate protective gear.
  • The defense suggests the crash was caused by the motorcycle. Defense attorneys and insurance adjusters will often inspect a bike for aftermarket equipment, loud mufflers, or other issues they can say played a role in the motorcycle accident.
  • The defense claims the accident was due to motorcyclist error. A rider should expect the defense to raise questions about her visibility, speed, hand and mirror positioning, and defensive driving skills.
  • The defense relies on bias against motorcyclists. Defense attorneys may push the idea that motorcyclists are devil-may-care hooligans whose reckless driving puts others at risk. Though this stereotype doesn’t describe the vast majority of bikers, it’s enduring, and crash victims often need an experienced attorney to help them overcome an unfair image.

Consult a Skilled Georgia Attorney About Your Motorcycle Wreck

Hurt in a Georgia motorcycle accident? The seasoned legal team with Van Sant Law can help you build a strong case, refute common defenses, and get the justice you deserve after a crash. Contact us today to schedule an appointment to discuss the details of your case with one of our experienced attorneys.


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