After a motorcycle accident, the insurance company may start building its defense before you have even left the hospital.

The strategy is often predictable.

Instead of focusing on the driver who failed to yield, changed lanes without looking, or turned into the motorcycle’s path, the insurance company tries to put the rider on trial. It may suggest the motorcyclist was speeding, weaving through traffic, riding recklessly, or doing something that made the collision unavoidable.

I have seen this bias come up repeatedly in motorcycle accident cases.

Some people see one rider behaving irresponsibly and then apply that image to every motorcyclist involved in a crash. Insurance companies and defense attorneys know that stereotype exists. When it helps them avoid responsibility or reduce what they pay, they may use it against an injured rider.

That is why an Orlando motorcycle accident case cannot be built on assumptions. It has to be built on evidence.

The Insurance Company Wants to Control the Story

Imagine that a driver turns in front of a motorcycle and causes a serious collision.

The police investigate and indicate that the driver caused the accident. The injured rider believes the question of fault has been settled.

Later, however, the driver tells a different story.

The driver may claim the motorcycle appeared suddenly, was traveling too fast, or was moving unpredictably. If no independent witness saw the collision and no video was preserved, the case can become the rider’s word against the driver’s.

That is a dangerous position.

The insurance company does not need to prove the motorcyclist was completely responsible to create problems. It may only need to create enough doubt to reduce the rider’s percentage of recovery or place the entire claim at risk.

A Favorable Police Report May Not Prove the Case by Itself

People often place a great deal of confidence in the traffic crash report.

A favorable report can certainly help us understand what the investigating officer observed. But it should not be treated as the only evidence needed to prove a motorcycle accident case.

The officer usually arrives after the collision. The officer did not personally see the vehicles collide. When a case becomes disputed, testimony, physical evidence, photographs, video, electronic vehicle data, and expert analysis may become much more important.

That is why I do not want to wait and hope the report will carry the case.

I want to know what other evidence exists and how quickly we can preserve it.

Florida’s Fault Rule Raises the Stakes

Fault is important in every accident case, but Florida’s comparative-fault rule makes the issue especially significant.

In a negligence claim, compensation may be reduced based on the percentage of responsibility assigned to the injured person. If the injured rider is found more than 50 percent responsible for the crash, the rider may be barred from recovering damages.

That means the fight over percentages is not just an academic argument.

An insurance company that claims it is only 49 percent responsible may effectively be saying that it believes the injured rider should receive nothing. Even when both sides may have contributed in some way, the exact division of fault can determine whether there is a recovery and how much that recovery may be.

This gives the insurance company a powerful reason to exaggerate every possible mistake attributed to the rider.

My job is to make sure the case is developed with evidence strong enough to challenge that strategy.

Evidence Can Defeat the Reckless-Rider Stereotype

The best response to bias is objective evidence.

Depending on the circumstances, that evidence may include:

Skid marks and roadway evidence

Skid marks, scrape marks, debris, and the final positions of the vehicles may help an accident reconstruction expert determine how the collision occurred.

This evidence can fade or disappear quickly. Rain, traffic, road maintenance, and cleanup efforts can change the scene. Photographing and examining the roadway early may preserve information that is unavailable later.

Vehicle electronic data

Modern vehicles may contain electronic data that helps show speed, braking, acceleration, and other activity before impact.

If the driver claims the motorcycle appeared too quickly to avoid, the vehicle’s own information may help us test that story.

Damage to the motorcycle and vehicle

The location and pattern of damage can reveal a great deal about the angle of impact and the movements of the vehicles.

A qualified expert may compare the damage with the statements given by the drivers. When the physical evidence does not support the motorist’s version, that can become extremely important.

Surveillance and traffic video

The collision may have occurred near a business, home, apartment complex, intersection, parking lot, or vehicle equipped with a camera.

Video can sometimes settle a disputed question of fault immediately. The problem is that recordings may be erased or overwritten within days.

The sooner an attorney becomes involved, the sooner preservation notices can be sent to potential holders of the footage.

Independent witnesses

A witness who has no connection to either driver can be one of the strongest sources of evidence.

That person may have seen the motorist turn across the rider’s lane, drift into the motorcycle, or fail to stop. Obtaining accurate contact information and a statement early can prevent the witness from disappearing later.

What if You Were Not Wearing a Helmet?

Florida allows certain riders over 21 to operate a motorcycle without a helmet when the legal insurance requirements are met.

That does not mean the insurance company will ignore the absence of a helmet after a crash.

If the rider suffers a head, face, or brain injury, the insurer may argue that wearing a helmet would have prevented or reduced the injury. It may attempt to shift attention away from the driver who caused the collision and toward the rider’s decision not to wear protective headgear.

The insurance company may use words like “reckless” even when the rider was legally permitted to ride without a helmet.

That argument does not automatically defeat a case.

The question may require medical evidence, accident reconstruction, and expert analysis. We need to examine the actual mechanism of injury, the force of the crash, and whether a helmet would truly have prevented the specific harm.

For example, a helmet argument may have little or no connection to injuries involving broken legs, spinal damage, internal injuries, or severe road rash. The insurance company should not be allowed to use the lack of a helmet as a blanket excuse for everything that happened.

The facts have to be presented carefully and accurately.

 

Serious Motorcycle Injuries Require a Serious Investigation

Motorcyclists do not have the protection of a passenger compartment, airbags, or the frame of a vehicle surrounding them.

When a car strikes a motorcycle, the rider may be thrown onto the roadway or into another object. The resulting injuries can include broken bones, spinal injuries, traumatic brain injuries, internal damage, nerve injuries, severe lacerations, and permanent physical limitations.

These injuries may require surgery, rehabilitation, extended time away from work, and future medical care.

A serious motorcycle accident case should account for more than the bills that have already arrived. We also need to consider what the injury may mean for the rider’s future.

That requires strong medical documentation and a clear understanding of how the crash has affected the person’s work, mobility, independence, family responsibilities, and quality of life.

Do Not Give the Insurance Company a Head Start

After a motorcycle crash, the driver’s insurance company may contact you quickly.

The adjuster may ask for a recorded statement before the full facts are known. Questions may be framed to get you to estimate your speed, admit you did not see the car, or agree that you could have done something differently.

Be careful.

You may still be medicated, in pain, or trying to process a traumatic event. A poorly worded answer can be taken out of context and used later to assign more fault to you.

Before providing a detailed statement, speak with an attorney who understands how motorcycle cases are defended.

 

How I Approach an Orlando Motorcycle Accident Case

When I become involved, I want to start with the evidence, not the stereotype.

I look at where the vehicles were located, what the drivers said, whether witnesses exist, what video may be available, and whether experts should inspect the roadway or vehicles.

I also examine the medical evidence and the full effect of the injuries.

The goal is to answer the questions the insurance company will try to raise before it uses those questions to reduce the claim.

That may involve:

• Preserving video and electronic data
• Contacting witnesses
• Inspecting the motorcycle and other vehicle
• Hiring an accident reconstruction expert when appropriate
• Gathering photographs and roadway evidence
• Reviewing medical records and expert opinions
• Challenging unsupported claims about speed or reckless riding
• Addressing helmet arguments with facts rather than assumptions
• Preparing the case for negotiation or trial

The insurance company will have lawyers and experts working to protect its interests. The injured rider deserves someone doing the same for them.

Speak With an Orlando Motorcycle Accident Lawyer Before Evidence Disappears

Motorcycle accident cases can become complicated very quickly.

A driver who appeared responsible at the scene may later change their story. The insurance company may exploit public bias against riders. Missing video, lost witnesses, and unpreserved vehicle data can turn a strong claim into a difficult dispute.

You should not wait for the insurance company to decide what happened.

Contact Jeremiah Jaspon at The Jaspon Firm for a free case evaluation at (407) 513-9515. I will personally speak with you about the crash, review the evidence that may be available, and explain what we can do to protect your case.

Learn more about how I represent injured riders on our Orlando motorcycle accident lawyer page.