Involvement in a motorcycle accident in Kirkland can be traumatic and stressful. It can become even more problematic, however, when you realize that the defendant is going to use several tactics targeted at undermining your motorcycle accident claim. Below are some of the possible defenses against a motorcycle accident claim of which Kirkland motorcyclists should be aware.
The Motorcyclist Was Speeding or Reckless
The insurance company or defendant may claim that you were driving at excessive speeds or you were otherwise operating the motorcycle recklessly. Motorcyclists get a bad reputation for driving recklessly (speeding, weaving in and out of traffic, etc.), on Highway 900, for example.
But the unsafe actions of other bikers shouldn’t affect others’ opinions of those who ride safely and responsibly. Still, an insurer or defendant may try to draw on this reputation to place some if not all of the blame on the motorcyclist. Eyewitness testimony and other evidence may help dispute these claims.
The Motorcyclist Violated Traffic Rules
Similarly, an insurance company or defendant may argue that the motorcyclist was in violation of motorcycle traffic laws when the accident occurred.
- Illegally changing lanes
- Splitting lanes
- Riding more than two abreast
Again, you may present evidence that you were following all rules and operating your motorcycle safely.
Failure to Wear a Helmet Contributed to Injuries
The defense or insurance company may try to argue that your injuries are severe because you were not helmeted at the time of the accident. It may argue that your injuries would likely have been much less serious if you had been wearing a motorcycle helmet at the time. You may present evidence that your helmet use did not affect your injuries, such as testimony from an expert.
You Were Riding Under the Influence of Alcohol
If you were riding after having consumed a few alcoholic beverages, it could show up on breath or blood alcohol tests conducted after the accident. If an alcohol test does find that you were intoxicated, the defense could claim that you were negligent in causing the accident.
Your attorney can help you review the legitimacy of the tests and other evidence the insurer or defense presents to argue you were intoxicated at the time of the wreck.
Can I recover damages if I was partially at fault?
You may qualify for compensation even if you were partially at fault for the accident. Washington is a pure comparative negligence state, which means that injured persons can claim compensation for injuries even if they were in part responsible for their injuries. In fact, you could recover compensation even if your negligence is higher than the negligence of the motorist involved in your motorcycle accident.
Speak to attorney Max Meyers by calling or filling out our contact form. Our team will review your case, investigate the details, and help you build a case that overcomes any motorcycle accident defenses to prove entitlement to damages.