Not Seeing isn’t a Legal Defense
After a wreck, when the dust has settled, one of the most common excuses after a motorcycle wreck is the claim that, “I didn’t see the motorcycle.” Drivers use it and insurance companies will often try to fall back on this – as though the motorcyclist was intentionally trying not to be seen. The problem (for them) is that not seeing isn’t a legal defense. In fact, it could actually reinforce the idea that the motorist was being negligent.
Today, the Car Crash Captain, who serves motorcycle accident victims in Richardson, Frisco, Dallas, and the surrounding areas, is looking at what is really going on when a driver claims they didn’t see the motorcycle rider.
What “I Didn’t See the Motorcycle” Really Means
Looking at riders and motorists, we see that those on two wheels are often more attentive than other motorists. The seasoned riders have become especially aware of their surroundings, traffic, and potential hazards. Unfortunately, their level of awareness isn’t matched. Drivers frequently don’t see motorcycles as they’re turning and changing lanes.
Legally, anyone operating a vehicle is obligated to be aware of what’s going on and follow basic traffic laws. If a driver fails to see a motorcycle and causes a collision, that’s generally considered to be negligent driving.
Insurers, however, will try to argue that the rider was partially at fault (because they can often reduce the amount they have to pay if it can be proven that the rider is at least partly to blame). However, just because the insurer says that doesn’t mean it’s true. Good evidence (photos, videos, and witness statements) can show that it was indeed the driver that was negligent.
What Compensation do Victims Deserve?
Most riders don’t realize how much compensation they can actually get after a wreck. This isn’t a get-rich-quick idea; it’s helping victims that have had their lives permanently altered. Medical bills, lost wages, pain and suffering, future care needs, and compensation for a reduced quality of life are just a few of the disruptions that need paid for. But it can be much more than that.
Such is the case of a grandparent in South Carolina. It was March of 2019, the motorcyclist was traveling along the highway when a pickup truck pulled out in front of him. The man braked hard and swerved to avoid the collision, but he couldn’t avoid the wreck. Upon impact he broke his clavicle, femur, tibia, and fibula and had to be life-flighted to the hospital.
Multiple surgeries and extensive rehab allowed him to go home. However, he was confined to a wheel chair for nearly two years and lives in chronic pain; he can no longer enjoy life the way he did before the wreck. Ultimately he was awarded $4.45 million that will help with him and his legacy, but he himself says, “I worked my whole life to get to where I was and they took it from me… I just wish the guy would have seen me so I could keep living like I was before the crash.”
When negligence is proven, especially if it’s more than just a casual lapse in judgement, the compensation can be far more than what many people realize.
How to Maximize Your Compensation
To ensure you receive compensation that will help you continue to live a fulfilling life, you have to plan ahead to ensure your story is validated.
1 – Document Everything: If your injuries aren’t so severe that you need an ambulance, take a lot of pictures, video, and collect witness contact information. This can help dispel the “I didn’t see the motorcycle” claim and build your case. In a world where helmet cameras are relatively cheap, there’s no reason to not have one.
2 – Seek Medical Care: Hospital records will show that you are receiving treatment, and the doctors can validate your story that you can’t live a normal life after the wreck. Keep your own journal of how you feel and your pain levels as well.
3 – Know What is Recoverable: Compensation isn’t just reimbursing you for medical bills and lost wages. It also includes future medical costs, diminished earning potential, pain and suffering, emotional distress, and reduced enjoyment in life.
4 – Work with an Attorney: The insurance company is going to offer a quick settlement. They’ll emphasize that you should take it or it could be reduced and they will try to pressure you into settling. These offers are almost always less than what you deserve. Working with Herbert Law Group we’ll handle the hard stuff, the heavy negotiations, and go to court on your behalf if it comes down to it.
Herbert Law Group Helps Motorcycle Accident Victims
Motorcycle riders are often injured because another driver failed to see them. Whether they truly didn’t see them, didn’t pay enough attention, or intentionally just drove in front of the rider, the fact remains that you’ve been injured because someone else didn’t care enough to keep you safe. And “I didn’t see you” isn’t a get-out-of-responsibility card.
We work with accident victims throughout Texas from our offices in Richardson. If you’ve been injured, or a loved one was killed, then we need to talk about how we can help with the legal battle and maximize your compensation. Call our offices at 214-414-3808, or fill out our contact form, and we’ll be in touch for a free conversation to determine our plan.