Drivers who have a collision with a motorcyclist often blame the rider rather than themselves. Their insurers may also try to do so, in an attempt to reduce the often hefty compensation they may be required to pay out – as motorcyclists frequently are injured more seriously than drivers.
Here are some of the claims you might have to counter as a motorcyclist if a driver injures you in a crash.
“You are wearing black”
You are free to wear the colors you choose on your motorcycle. While some drivers feel those on two wheels should wear luminous colors and reflective materials, there is no law requiring this. While it can certainly make it easier for others to spot you if you wear bright colors and reflective material, it’s basically putting the blame in the wrong place to talk about what a motorcyclist is wearing.
“You must have been speeding”
Drivers often underestimate how quickly a motorcycle will reach them. It explains why a lot of motorcyclists find their path suddenly cut off as a driver decides they have time to turn in front of them when they actually don’t. Drivers often then claim that the only way the rider could have made up that ground so quickly was because they were speeding when the reality is the driver calculated things wrong.
“I checked and it was clear”
Drivers often do not check their surroundings as well as they think. They miss motorcyclists because they are focused on looking out for other cars. They may fail to check their blind spots or to ensure that a motorcyclist is not obscured momentarily by a larger vehicle. They often don’t look at all because they are distracted.
If you are injured by a negligent driver, you have the right to seek compensation. Learning how to prove their fault will be crucial to getting the compensation you deserve