Featured Article
After a motorcycle crash, most riders quickly discover that the process of getting fair compensation isn’t simple. Between medical bills, insurance adjusters, and confusing legal rules, it can feel like the deck is stacked against you. Unfortunately, that’s not an illusion — many motorcycle accident claims are more complicated than other types of personal injury cases.
At the Law Office of David M. Kennedy, we’ve spent decades helping injured motorcyclists understand why their cases face extra challenges — and how to overcome them. Here’s what makes these claims more complex, and what you can do to protect your rights.
1. Motorcycle Accidents Usually Cause More Serious Injuries
Unlike car or truck drivers, motorcyclists have no protective frame, airbags, or seatbelts. Even a low-speed crash can lead to broken bones, spinal injuries, or traumatic brain injuries.
Because these injuries often require long-term care and rehabilitation, the medical costs can be enormous. Insurance companies know that means a bigger payout — so they fight harder to minimize your claim.
This is one of the main reasons motorcycle accident claims are more complicated: the financial stakes are simply higher. When insurers see a large potential settlement coming, they often dig in and delay, hoping you’ll accept less than you deserve.
2. Bias Against Motorcyclists Is Real
If you ride, you’ve probably noticed the looks people give you at intersections — that unspoken assumption that bikers are “risk-takers” or “thrill-seekers.” Unfortunately, that same bias shows up in insurance claims and even in the courtroom.
Adjusters may assume you were speeding or weaving through traffic, even without evidence. Police reports can sometimes reflect these unfair assumptions too. Jurors, unless properly educated, may also bring unconscious bias into their decision-making.
At the Law Office of David M. Kennedy, we know how to challenge those misconceptions head-on. We use expert witnesses, accident reconstruction, and hard data to show that most motorcycle collisions happen because other drivers fail to see or yield to riders — not because of recklessness on the motorcyclist’s part.
3. Evidence Can Disappear Quickly
In car accidents, there are often multiple vehicles, cameras, and witnesses. But motorcycle crashes can happen in an instant — and the smaller size of the bike means crucial evidence is often overlooked or lost.
Skid marks fade. Damaged gear gets discarded. Traffic footage is erased. All of this can make it much harder to prove what really happened.
This is another reason motorcycle accident claims are more complicated: the investigation must move fast, and the evidence-gathering process has to be thorough.
An experienced motorcycle injury lawyer can immediately begin collecting photos, witness statements, and expert evaluations before they disappear — strengthening your claim from day one.
4. Insurance Companies Use Complex Tactics to Limit Payouts
When it comes to motorcycle crashes, insurance adjusters often employ the most aggressive negotiation strategies. They might:
- Argue that your injuries aren’t consistent with the crash
- Claim you were partially at fault
- Dispute the value of your motorcycle or gear
- Question the necessity of your medical treatments
They do this because they know the average person doesn’t understand how personal injury law works — and that confusion benefits them.
That’s why motorcycle accident claims are often more complicated: insurers treat them as “high-risk” cases and deploy every tactic to reduce liability.
At the Law Office of David M. Kennedy, we recognize these strategies immediately. We build your case with medical documentation, expert analysis, and hard evidence so insurance companies can’t twist the facts.
5. Texas Law Adds an Extra Layer of Complexity
Texas follows a system known as modified comparative negligence. That means if you’re found to be even 20% at fault, your compensation can be reduced by that same percentage. If you’re 51% or more at fault, you could receive nothing.
This makes it absolutely essential to prove the other driver’s negligence clearly. Motorcycle accidents often involve multiple factors — poor visibility, road hazards, distracted driving — and assigning blame can get complicated fast.
Your lawyer’s job is to investigate every detail: driver statements, vehicle damage, black box data (if available), and more. A strong legal strategy can make the difference between partial compensation and full justice.
6. Medical Documentation and Expert Testimony Are Critical
Because motorcycle injuries are often catastrophic, having detailed medical records is key. Insurance companies will scrutinize every note and test result to find ways to downplay your condition.
In many cases, expert testimony — from accident reconstructionists, orthopedic specialists, or neurologists — can help establish both the cause of your injuries and the long-term impact on your life.
At the Law Office of David M. Kennedy, we coordinate with medical experts to show exactly how the crash has affected your ability to work, move, and enjoy life. That evidence can make a powerful difference when negotiating or presenting your case to a jury.
What You Can Do to Protect Your Rights
While motorcycle accident claims are more complicated, there are steps every rider can take to improve their odds:
- Seek medical attention immediately. Even minor symptoms should be checked out — hidden injuries can worsen over time.
- Document everything. Photos, police reports, witness names, and repair estimates are all valuable.
- Avoid recorded statements. Don’t speak to insurance adjusters before consulting an attorney.
- Keep a recovery journal. Record your pain levels, emotional challenges, and daily limitations.
- Contact a skilled motorcycle accident lawyer early. The sooner your lawyer can start gathering evidence, the stronger your case will be.
Since you are the victim, however, it is best to work with your attorney in these respects, letting that attorney gather the information after you do what you can at the scene. Jurors are often suspicious of your injuries if you are out working on your case.
The Law Office of David M. Kennedy: Protecting Riders Across Texas
Motorcycle crashes are devastating enough without insurance complications and unfair assumptions. You deserve an advocate who understands both the law and the culture of riding.
At the Law Office of David M. Kennedy, we’re proud to stand up for Texas riders who’ve been wrongfully blamed, underpaid, or ignored by insurers. We know what’s at stake — your recovery, your finances, and your future.
If you’ve been injured in a motorcycle accident, don’t try to handle it alone. Call us at (903) 819-0720 or Email today for your free consultation. We’ll fight for the full compensation you deserve so you can focus on healing and getting back on the road.
