Riders inevitably fall into one of two categories: either they have already dropped their bikes, or they are going to drop them. Insurance adjusters and defense lawyers will want to use your riding history and your motorcycle accident experience against you when you seek to recover damages from the negligent party that caused your accident. An experienced motorcycle accident lawyer will help you navigate and rebut those attempts to make sure you receive the largest possible damages award.
When you take your motorcycle accident case to court, both your attorney and the defense attorney will be entitled to introduce evidence that is specific to the accident that caused your injuries. This includes photographs of the accident, testimony and statements from witnesses, police reports, surveillance videos, and medical records. Any evidence of other motorcycle accidents that you have been in or traffic tickets that you have received while riding your bike are irrelevant, and your attorney should object to any attempts to bring that evidence into the case.
If your lawyer asks you to testify directly in the case, he should remind you that you should not make any statements about your riding history. If you are on the witness stand and you make any statements about other accidents that you were in or tickets that you received, the defense lawyer will then be able to cross-examine you about those events. Even if those situations had no bearing on the specific accident that is the subject of the current case, the jury in the case might be persuaded to believe that you are not a safe rider and that your own negligence contributed, at least in part, to the current accident. You even need to be careful not to make any statements about past accidents immediately after a current accident and before any lawsuits are filed about your case.
Equally irrelevant is your motorcycle insurance history. A crafty defense lawyer might try to get you to talk about the insurance premiums that you pay. Your insurance premiums might go up after you have had an accident, but that matter is specific to the relationship you have with your insurer, and it has no relevance to a trial that is examining the facts of a specific accident. Still, a defense lawyer can try to trap you with implications that your insurance premiums are high because you are not a safe rider.
In rare cases, your motorcycle accident lawyer might take the initiative and introduce your riding history to demonstrate that your are a safe rider. He should do this only if you and he are absolutely certain that you have no incidents in your riding history that can be used against you.
Please contact us at 844-Take-MyCase (1-844-825-3692) for a free consultation after you have had a motorcycle accident anywhere in Virginia, Maryland, or the District of Columbia. We will protect your rights and make sure that your riding history is not used to reduce the damages you are owed to pay for your injuries.
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