Lewis & Tompkins – Lawyers Helping Those Injured In Motorcycle Accidents
As traffic congestion only gets worse, and as gas prices flirt with inflationary levels, motorcycles are fast becoming a more practical, economical and environment-friendly way to get around, especially in urban areas like the D.C. metro region. Over the past 20 years, nationwide registration of motorcycles has risen astronomically. Today, a record 5,000,000 motorcycles are registered in the U.S., testament to the growing popularity of motorcycle use.
But as is often the case, state and federal laws have been slow to catch up with the growing need to protect the rights of motorcyclists on the road, especially those who have been injured or killed by the negligence of other drivers. Many laws still imply that motorcyclists ride at their own peril. These laws make it easier for insurance companies to deny compensation and care to injured motorcyclists, compensation that drivers of cars, SUVs and other vehicles can readily receive through the legal system.
No Question: Bikers Face Discrimination
One well-publicized example of a legal statute that discriminates against injured motorcyclists involves the Health Insurance Portability and Accountability Act of 1996. The HIPAA statute, which has become central in determining the compensation that self-insured employers pay to injured workers, exempts many employers from liability when their employees are injured specifically while riding motorcycles.
Insurance companies support and encourage such gaps in legal protections for motorcyclists, and through lobbying and other political and legislative efforts, they are succeeding in keeping costs down for motorcycle injury death claims. Because motorcycle accidents can often involve the most gruesome injuries, including dismemberment, spinal cord injuries and traumatic brain injuries, insurance companies can save themselves millions of dollars in health care, lost wages and other financial costs for each motorcycle injury case they successfully deny or reduce.
Insisting On Compensation For Injured Motorcyclists
Through growing efforts to increase motorcycle awareness, state and federal governments are starting to recognize the toll careless driving takes on innocent and law-abiding motorcyclists. But no amount of public awareness will make motorcycle accidents involving serious injury or death go away completely.
When the driver of a car or truck causes serious injury to a motorcyclist, then that driver’s insurance company should pay for the driver’s negligence. When road construction doesn’t properly mark or prepare unsafe portions of the road for motorcyclists, and injury or death results, the parties responsible and those that insure them should pay. When a motorcycle is manufactured with defects that lead to injury or death for its riders, the manufacturer should pay for the damage done.
If you’ve been injured or have lost a loved one in a motorcycle accident, you’ll need attorneys who can successfully make that case for you. We can begin today with a review of your case. If your insurance company has wrongfully denied your claim, we’ll make a forceful appeal to the company in question. Failing that, we’ll fight for your case before an arbitrator or a civil law jury, and work relentlessly to ensure that you and your family have the care you’ll need to move past your injury.
For assistance with your motorcycle injury or fatality claim, contact the law offices of Lewis & Tompkins today.