Fault is not always an easy determination in motorcycle accident cases. Insurance companies are very good at employing many tactics to further a single goal – paying the least amount possible on a claim. One common tactic is downplaying the fault of their insured driver, the person who actually caused the accident. An insurance company may argue that the motorcycle rider contributed to the accident. Insurance adjusters often throw around terms to describe fault of the rider, such as, “last chance to avoid the accident.”
For example, in a case where a truck driver runs a red light and strikes a motorcycle rider who is traveling through the intersection, the truck insurance company may argue that the motorcycle rider was speeding and therefore could have seen the truck enter the intersection. So, the motorcycle rider had the last chance to avoid the accident, but failed to. Defending a rider against such a claim often requires expert workup and investigation of the intersection, type of motorcycle involved in the accident, road conditions, time of day, etc.
Especially in a motorcycle accident case where the rider was forced to swerve or otherwise take evasive maneuver such as laying down the bike, an insurance company may argue that such actions increased the risk of harm. In other words, the argument is that the rider contributed to his own injuries by failing to take appropriate defensive actions.
Related: How do you determine fault in a motorcycle accident in Pennsylvania?
Defeating an insurance company’s claims will often require the assistance of a motorcycle accident lawyer, especially someone with experience riding motorcycles.
- Car-Motorcycle Accidents in PA – A Look at Liability
- Car-Motorcycle Accidents in Pennsylvania – A Look at Liability Part 2
- Three Common Motorcycle Accident Scenarios
Pennsylvania Motorcycle Accident Lawyers
The lawyers at Schwartz & Blackman represent those injured in car and motorcycle accidents in Pennsylvania and New Jersey. If you’d like a NO-COST review by our Pennsylvania and New Jersey car-motorcycle accident lawyers, call 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.
The lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area:
- PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
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