A Rochester NY motorcycle accident lawyer specializes in working with clients who have been on the receiving end of an injury caused by the driver of another vehicle, be it car, truck or another motorcycle. This is an area of personal injury law which sees thousands of clients each year and it provides a range of challenges on every case. Whilst these lawyers do have a great level of success for its clients, these are the common challenges which they find.
Determining Blame
Something which is very frustrating for most lawyers is that they need to determine blame in the accident. They will always look at this with a neutral mindset, but we know that the large majority of incidents, especially those involving motor vehicles, will be their fault. This is made very easy if there is evidence like CCTV or if there are witnesses who saw what happened, and who are willing to speak up. In some cases however it is one word against another’s and that is what makes it more difficult to prove. Modern technology can help us in reviewing skid marks and debris on the road, but it is certainly a challenge.
Dealing With Insurance Companies
It should come as no surprise that insurance companies are not overly keen on shelling out large amounts, and they will generally try to make it difficult. The hope of many insurers is that the person who is claiming damages will simply accept a lower level of compensation or even no compensation. If however that individual is working with a motorcycle accident lawyer then they will not get off so lightly. Although lawyers have the expertise and the experience to deal with these companies, it is still a challenge to try and get them to budge.
Building a Case
When it comes to building a case in this aspect of personal injury, it can often be more challenging than in other areas such as slips and falls. This is often because of a lack of evidence and/or witnesses which support the case. If the blame is easy to determine then building the case is made easier. If however the blame cannot be 100% attributed to the other side, the case needs to be even more watertight. This is why motorcycle accident lawyers need to arm themselves with as much supporting information as they possibly can before taking the case forward.
Injury Claims
Another factor which makes this kind of case more difficult is that the defense may cite the level of protection the rider was wearing as a reason for the severity of their injury. We don’t see this in motor vehicle claims because there is no protective equipment required. In some cases it can be difficult for the motorcycle accident attorney to prove that the rider was wearing adequate equipment to fully protect themselves. This is something which could greatly impact the amount of damages which is paid out.
These are just some of the challenges which are faced with this kind of personal injury case.
