Motorcycle Accidents vs Car Accidents
If you’ve been injured in a motorcycle accident, then chances are that you’re frustrated and a little bit confused about what to do next. You might be wondering how your case stacks up against others, especially car and motorcycle accidents, and a lot of questions are likely floating around in your head: what is the difference between motorcycle accidents vs car accidents? Do I have to approach litigation in a particular way when moving forward with a lawsuit in motorcycle accidents vs car accidents?
Understanding motorcycle safety can help in comparing motorcycle accidents vs car accidents.
We understand, so we’ve taken the liberty of writing about some of the basics to help you get your bearings! Read on to learn more.
How likely is a motorcycle accident compared to a car accident?
According to the National Safety Council, though motorcycles make up only 3% of all registered vehicles and 0.7% of all vehicle miles traveled in the United States, motorcyclists account for 14.6% of all traffic fatalities and 3.5% of all injuries. Traffic collisions involving motorcycles are disproportionately high compared to those involving cars, highlighting the increased risk for motorcyclists.
Car accident statistics show that while there are over 98 million registered cars in the United States, motorcyclists face a higher risk of severe injury due to their lack of structural protection.
Meanwhile, there are over 98 million registered cars in the United States, and — in 2023 alone — there were over six million car crashes, which led to 40,990 traffic fatalities. Though there are (in absolute terms) more car crashes in the United States year-on-year, it’s much more likely for a motorcyclist to not only get into an accident but also sustain more serious injuries in the accident, including fatal car accidents.
From an injury perspective, are motorcycles statistically safer than cars?
Not at all. Motorcyclists are at much higher risk of injury (and death) than those driving or riding as passengers in cars, and the statistics bear this out. Motorcycle riders face a significantly higher likelihood of fatal injuries due to the lack of protective features in motorcycles. According to recent reports conducted by the National Highway Traffic Safety Administration, motorcycle riders are exposed to 28 times the fatality risk, and four times the injury risk, of passengers in cars!
Implementing road safety measures can help reduce the risk of injuries for both motorcyclists and car drivers.
This is a stunning difference and really highlights just how vulnerable motorcyclists are on American roadways, and how important it is that other drivers exercise better awareness and caution to prevent severe injuries in motorcycle crashes.
Why are motorcyclists exposed to such a high risk of serious injury (or even death)?
As a motorcycle rider, you may be skilled and cautious when operating your vehicle (and you may be particularly good at avoiding motorcycle accidents), but the statistics don’t lie — you’re still exposed to a higher risk of serious injury and death than car drivers involved in passenger car accidents.
Why?
Leaving aside any contributory fault on the part of the motorcycle rider, there are many additional factors that make motorcycle accidents rather common on the roadways (and uniquely dangerous for the rider). Some factors that heighten the danger of a motorcycle crash include:
- Motorcycles have no outer material that can absorb the force of impact. The impact force of a passenger car, or truck, is directly applied to the motorcyclist, who is then seriously injured or even killed. In a car accident, by contrast, at least some of the impact force would be absorbed in the outer skeleton of the vehicle, which is designed to crumple to dissipate these damaging forces. Simply put, motorcycle riders are exposed to a higher risk of more severe injuries (in fact, severe or fatal injuries are so common that celebrity and athlete contracts often stipulate that no motorcycle riding is allowed!).
- Most passenger cars aren’t entirely comfortable around motorcyclists and don’t know how to navigate roadways in such a way to keep motorcyclists safe. In the United States, motorcyclists aren’t nearly as common as they are in many other countries. As a result, other vehicles (and American drivers in general) don’t necessarily have situational awareness when it comes to motorcyclists sharing the roadway. This can lead to reckless lane shifts, blind spot errors, and various other issues that can lead to something as serious as a fatal accident. Passenger car drivers often feel uneasy around motorcycles due to their lower visibility and different traffic behavior.
- Motorcyclists may not realize that there are different laws from state to state, which can affect what constitutes “safe behavior.” Some states allow motorcyclists to avoid using helmets, or allow lane splitting, for example, while others do not.
Using protective gear can mitigate some of the risks associated with motorcycle accidents. Helmets, jackets, gloves, and other protective equipment can significantly reduce the severity of injuries in the event of a crash.
Given these and other factors, it’s important to exercise caution on the roadways. Clearly, the causes of motorcycle accidents are quite varied. So don’t just assume that other drivers will engage in safe behavior — make sure to take steps to actively protect yourself!
How the perception of motorcyclist “risk appetite” affects motorcycle injury lawsuits
The reality of litigation is that success — and failure — is not just based on an objective, factual analysis. While objective reasoning is a foundational element of litigation success, there are subjective factors and biases that can significantly affect the outcome. Among these is a bias against motorcyclists in the personal injury lawsuit context. Fatal motorcycle accidents often highlight these biases, as the severe consequences and injuries associated with such incidents can influence the court’s perception and the challenges faced in personal injury claims.
Generally speaking, the public (which, of course, includes the court and jury) perceives motorcyclists as “daredevils” and “joyriders” who voluntarily assume a significant risk by riding a two-wheeler on American roadways. It doesn’t help that so much media since the 1950s has painted motorcyclists as criminals, gang members, rebels, and other unsavory characters. It can be unfair, as most motorcyclists are just regular people who are exercising reasonable caution as they go about their lives — yet these media portrayals (and the public bias that has resulted from it) can affect their ability to recover the compensation they deserve.
In court, you may find that you are fighting from a point of disadvantage in that the jury may assume that your factual narrative is incorrect. They might assume that you were engaged in some sort of reckless behavior. Thus, it’s important that you work with skilled personal injury lawyers who understand how to build an airtight case supported by strong evidence so that these biases cannot take root. Granted, there may be additional challenges in this regard if you weren’t wearing proper safety gear (i.e., you weren’t engaged in proper helmet use), which can give the court further reason to entrench their biases against you.
Damages in a motorcycle accident dispute
Motorcyclists often suffer severe, life-changing injuries and related losses, so it’s no surprise that the damages in motorcycle accident disputes tend to be quite high. Motorcycle accident injuries are particularly severe due to the vulnerabilities of motorcycle riders, necessitating specialized legal representation to ensure proper compensation. These damages must account for all the losses you sustained as a result of the defendant’s negligent, reckless, or intentional misconduct, so they can be quite varied.
Claimable losses include, but are not necessarily limited to:
- Lost wages
- Loss of earning capacity
- Loss of property
- Healthcare expenses (i.e., medical bills for comprehensive care and treatment, supported by the medical record)
- Medical expenses (i.e., costs for surgeries, rehabilitation, and ongoing treatments)
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- And more
These damages are different from case-to-case, as the particularities of the accident (and the claimant’s life circumstances) are unique.
For example, if you’re injured in a motorcycle accident and you can’t do any physical labor for the rest of your life, that will have a larger “lost wages” impact if you’re a construction worker than if you’re a white-collar office worker. To maximize your damages, you and your attorney will have to work together to develop a winning strategy that showcases your many losses and the severe impact of the accident on your life.
As a motorcyclist, who can you sue in a motorcycle accident dispute?
Injured motorcyclists can potentially sue anyone who contributed (through negligent, reckless, or intentional misconduct) to the accident and subsequent losses. Motorcyclists often face unique risks and misunderstandings with larger passenger vehicles due to differences in size and maneuverability. This broad definition can empower the motorcyclist plaintiff to sue a variety of defendants, depending on the circumstances of the accident.
Potential defendants include, but are not necessarily limited to:
- The other driver who directly contributed to your accident
- Any negligent drivers who contributed to your accident
- Any employer of said drivers, so long as the drivers were performing work-related duties at the time of the accident
- Any auto repair shop or maintenance crew whose failure to adequately inspect/repair the vehicles involved contributed to your accident
- Any helmet manufacturer whose defective designs or manufacturing processes contributed to your injuries
- Any auto manufacturers whose defective designs or manufacturing processes contributed to your accident
- The City, State, or federal government, if a hazard on their property (i.e., the public roadway) contributed to your accident
- Any private property owner, if a hazard on their property contributed to your accident
- And more
That’s a lot of potential! Navigating your claims against these defendants can be quite complicated, so it’s crucial that you work with an experienced personal injury attorney for guidance.
Will I be able to afford to hire a motorcycle accident attorney for my case?
Yes, absolutely — and we can say that definitively because most motorcycle accident attorneys (who technically fall under the category of personal injury lawyers) offer their services on a contingency fee basis. That means that there aren’t any upfront or out-of-pocket costs in hiring the attorney. It costs you literally nothing until (and unless) they “win” by securing compensation on your behalf. If you don’t “win,” you don’t pay anything. Legal representation is crucial for navigating motorcycle accident disputes, ensuring that you have professional support to secure the best possible outcome.
How does it work?
Simply put, personal injury attorneys working on contingency agree to provide legal representation at no upfront cost, in exchange for a percentage cut of whatever compensation they’re able to “win” for you, whether through a settlement agreement or a trial award or some other process. This percentage can vary quite a bit, from 25 percent at the low end to 40 percent or more at the high end.
Contingency fee arrangements lower the barrier-to-entry for injured motorcyclists to sue, and they also have the added benefit of aligning the incentives for attorney and client. The personal injury lawyer is incentivized to engage your case efficiently and effectively to maximize your overall compensation — after all, the more you get paid, the more they get paid!
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been injured in a motorcycle accident or a car accident, or in any other motor vehicle accident, then you could be entitled to sue for compensation under the law. Navigating the legal process isn’t always as simple as it might seem at first glance, however — there are many unique challenges and opportunities that you’re likely to encounter as you move forward with litigation. To that end, we can connect you to an experienced motorcycle accident lawyer who can help you identify the issues and execute a proper case strategy.
Contact 1-800-THE-LAW2 for a free legal consultation with a qualified local motorcycle accident lawyer in our network. During this initial consultation, you’ll be able to discuss the details of your case and receive valuable legal advice about your strategic options. Of course, if you decide not to move forward with the attorney, that’s okay, too — there’s no obligation to continue. So pick up the phone and call us today to get started.
We look forward to assisting you.
