Sometimes, motorcyclists ride that centerline in between two lanes of traffic, or they weave in and out of traffic because they have a fast motorcycle, and they want to get where they're going quickly. Everyone has seen that, including the members of your jury.
What about the rider who does a wheelie as they go down the highway? Put simply, if you are injured in a motorcycle accident, you will have to demonstrate to the jury that you are not one of “those motorcycle riders,” and that you have done everything right, because that is the bias you have to overcome and why it's important to have a lawyer in motorcycle accident cases.
Will My Case Be More Difficult If I Wasn't Wearing a Helmet?
Not wearing a helmet is not against the. However, the other side will argue that not wearing a helmet contributed to your injuries, or made them more severe, so it is a hurdle that you have to overcome. If you weren't wearing a helmet and you're claiming a head injury, the jury could hold that against you, even if you would have been injured if you wore the helmet on.
How Hard is a Motorcycle Accident Case to Win?
Motorcycle accident cases have a tendency to be more of a battle than car accident cases because jurors tend to be biased against those who drive motorcycles, and consider them reckless, especially if you were riding without a helmet, even though doing so is not illegal in Indiana.
Jurors tend to be more biased than judges because judges are professionals, and better able to remove their personal feelings from the equation. Insurance companies know you will have several hurdles to overcome when you get to court. You, as a motorcycle rider will have to show that you are responsible, that you took motorcycle education courses, and that you were wearing good leather to protect you. If it was a summer day and you were wearing shorts, flip-flops and no helmet, even if the accident wasn't your fault, you have a lot of biases to overcome.
Are People Emotionally Scarred As a Result of Motorcycle Accident?
Typically, there are two types of clients; the type, usually an occasional motorcycle rider who is involved in an accident and never gets on one again, and the type who is a diehard motorcyclist who would never get off the motorcycle because they just love the freedom of riding. In most cases, clients are either in one camp or the other; very few fall in between.
What Happens When Motorcycle Accidents Result in Traumatic Brain Injuries?
That can happen whether you wear a helmet or not, but the rider who doesn't wear a helmet will always give the defense an opening, allowing them to claim that not wearing a helmet is why you have a skull fracture.
But even if there is no skull fracture, and you're wearing a helmet, many people will be injured by the concussive force of the helmet hitting the pavement. Sometimes, if first responders don't take the helmet off quickly enough after the accident, your brain could be damaged even more, due to pressure from hydrocephalus, which is a fluid buildup around the brain.
For more information on Aggravating Factors for Motorcycle Accident Cases, please call (219) 874-4878 today to schedule a free initial consultation. Get the information and legal answers you're seeking.