Riding a motorcycle offers freedom and exhilaration, but it also comes with unique risks that drivers of larger vehicles rarely face. When a collision occurs, the motorcyclist is often the one most seriously injured; and too often, unfairly blamed.
Unlike cars or trucks, motorcycles offer no external protection. No steel frame, airbags or crumple zones to absorb the force. This makes even a minor accident potentially life-altering for the rider. Yet in the aftermath, legal and insurance systems often treat motorcyclists as if they’re inherently reckless.
After the crash
Motorcyclists face heightened dangers on the road because they are less visible to drivers and more exposed to changing road conditions. Potholes, loose gravel or sudden rain, can be minor inconveniences for a car, but serious hazards for someone on two wheels. In many crashes, drivers of passenger vehicles claimed they didn’t see the motorcycle, which is often the result of inattention, blind spots or failure to yield. Unfortunately, these lapses can have devastating consequences when a motorcyclist is involved.
But motorcyclists aren’t just vulnerable physically, they’re legally vulnerable too. Despite being entitled to the same rights as other drivers, riders often face an uphill battle when it comes to asserting those rights after an accident. Many crashes occur because drivers failed to notice motorcycles. Yet even in these scenarios, blame is frequently shifted onto the motorcyclists.
Insurance companies may try to minimize payouts by suggesting the rider was reckless, failed to take precautions or contributed to the crash. These tactics can leave motorcyclists fighting not only to recover physically, but to protect their rights. Indiana’s modified comparative fault system further complicates matters. If a motorcyclist is found to be more than 50% at fault, they may be barred from receiving compensation entirely. This means insurance adjusters and opposing legal counselors have strong incentives to push blame onto the rider.
That’s why prompt legal representation is critical. A thorough investigation can be essential in countering bias and establishing the full scope of the other party’s liability. Without experienced legal support motorcyclists can be unfairly blamed and left without the resources they need to heal and rebuild.
If you or someone you care about has been seriously hurt in a motorcycle accident, it’s important to understand your rights and what options may be available.
