Motorcycle Injury Law

The What Ifs

What if I did not tell the officer that I'm truly hurt? Due to the fact that you have just had an accident, which has given you a large amount of stress plus an adrenaline rush, your brain may be masking the fact that you are actually injured. You may have told the officer "I am not injured that bad, do not call an ambulance". If this occurs, many times that officer will check a box indicating that your injuries were a "level 1" (i.e., no injury). This is common and will not "ruin" your claim for damages.

What if the next day I could barely move; is it too late to make a claim for my injuries? The answer is "no". Due to the fact that it is normal for the body not to immediately recognize the symptoms of an injury until hours after an accident, your statement to the officer that you were "fine" is not a significant obstacle to recovering for your injuries. This is why emergency rooms often issue instructions when releasing patients warning them to watch for various symptoms which indicate that their condition is worsening. Many times people are sent home from the hospital with life threatening brain injuries or blood clots even though they indicated that they "felt fine". It is almost universally accepted that symptoms start as minor, and then increase as time progresses. This can be anything from swelling of the brain to swelling of discs in your back.

What if it was several weeks before I started having problems with my back and neck? Again, this is a very common occurrence, especially if you had more obvious pain at the time of the accident (such as a hurt arm or leg). Many times, the brain will only register the worst pain (such as scrapes and bruises) and it may not "tell you" that a more serious back or neck injury has occurred. Due to the fact that you are stiff and everything aches all over, it may take weeks for a weakened body part to finally give out.

What if there was only minor body damage to my bike? The injuries you will have occurred primarily as a result of two things: 1) the contact with your body with some other object (usually the ground or the car that hit you); or 2) a rapid change in the speed of your body from front to back or side to side (i.e., whiplash). In these situations, your body could be subjected to life threatening forces without significant damage to your vehicle. The perfect example of this is when you lay down a bike which has crash bars and it suffers minor damage. However, you proceed to slide into the side of a stationary vehicle suffering road rash and neck and back injuries.

What if I was not wearing my helmet? By not wearing a helmet, you have not violated any laws in the State of Arizona. However, this may result in an argument from the insurance company that you contributed to your own injuries and are partially at fault when compared to the other driver. This could potentially reduce your recovery; however, the reduction is normally not enough to deter Cantor Simon from representing you. Many of the injuries suffered in an accident will not have been eliminated by virtue of wearing a helmet.

What if I did not hit my head yet I am still having severe headaches? Your brain can be injured, with or without hitting your head. This again is due to the "whiplash" effect which occurs due to rapid acceleration and deceleration forces. Your head will move one way and your brain will move the other. The will result in your brain impacting the inside of your skull. When this occurs, many of the cellular structure on the outer layers of the brain will "sheer". This occurs due to the different densities of the neurological tissue moving at different speeds, which causes the tissue to be displaced and torn. Again, there may be no bruises on the outside of your head, yet your brain will have suffered an injury.

What if it was a family member or my best friend who was the driver and I was merely the passenger on the bike? Although it is not fun suing a friend or family member, somebody needs to pay for your injuries. In reality, these people are normally insured, and therefore you are not suing them, you are suing their insurance company. This is what insurance is for, so your friend or family member will not have to pay. If your friend or family member was at fault for the accident, then their insurance company should adequately compensate you for your medical bills, damages, pain and suffering, etc.

What if the other driver is uninsured? If you have insurance on your motorcycle, then the fact that the other driver is uninsured will usually not prevent you from recovering for your injuries. Chances are that your policy was sold to you with "uninsured motorist" coverage. This allows you to collect from your own insurance company for the damages caused by the other uninsured driver. In addition, you were probably sold what is known as "underinsured motorist" coverage. This means that if the other driver does not have enough coverage, your insurance will provide any additional coverage.

What if I do not want my insurance rates to go up? If the accident was not your fault, then your insurance rates should not go up. Merely filing a claim for uninsured or underinsured motorist coverage will normally not affect your rates. However, if your insurance company does raise your rates, you can simply transfer to another insurance company. In addition, this increase will be minor compared with the size of any recovery you may potentially receive. You should never forego pursuing a claim due to the fact that you are concerned about your insurance rates.

In reality, if you are in a motorcycle accident and the other person is at fault, you need to have adequate treatment immediately. It is important that you make sure that there will be no residual complications which could affect you years down the road. If there are going to be residual complications, then you need to be adequately compensated for your damages. Contact Cantor Simon immediately, and we will fight to obtain the largest settlement possible to compensate you for your damages. Although you would always be much better off never having an accident, chances are you will have one or more bike wrecks during your lifetime. At Cantor Simon, we have trained specifically to fight for people such as you. While others claim to be aggressive, we truly are "Beyond Aggressive!!!" and will leave no stone unturned in fighting for you. Either call us, or click "CONTACT US" in order to send us an E-mail and we will respond within one business day.