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Debunking Myths About Motorcycle & Bicycle Accident Cases

Matthew Gipson

Misperceptions about motorcycle and bicycle accident cases can significantly affect the rights of riders. Bad information can leave riders vulnerable, impacting their ability to navigate legal, insurance, and law enforcement interactions effectively. Here, we dispel some common myths and provide riders with practical advice to protect themselves on the road.

Myth: Motorcyclists Can Legally Weave Through Traffic

One widespread misconception is that motorcyclists can freely weave through traffic. In reality, lane-splitting laws differ greatly by state. While places like California allow it under certain conditions, many states do not. This means motorcyclists risk being charged with reckless driving if they lane-split where it isn’t legally recognized. Riders should always check the lane-splitting laws in any state they plan to ride in to avoid unexpected legal issues.

Myth: Bicycles and Motorcycles Are Treated the Same as Cars

Another common myth is that bicycles and motorcycles are treated identically to cars in accidents. However, many laws recognize riders differently. Some states even classify them as “vulnerable road users,” which can influence who is deemed at fault in an accident. Unfortunately, biases still exist, and it can sometimes be challenging for riders to prove their case against other drivers.

Myth: Not Wearing a Helmet Equals Fault

There’s a belief that if a rider wasn’t wearing a helmet during an accident, they are automatically at fault. While helmet laws are crucial for safety, the absence of a helmet doesn’t mean a rider is responsible for the accident. Some insurers might argue that not wearing a helmet worsened injuries and attempt to reduce payouts, but this doesn’t establish fault. Riders should understand their rights and the impact of helmet use on insurance claims.

Myth: The Police Will Automatically Take Your Side

It’s a common assumption that police will side with the biker after an accident, but this isn’t guaranteed. There can be inherent biases, and officers might misinterpret crash sites, often assuming reckless behavior on the part of the motorcyclist or bicyclist. It’s important for riders to document the scene themselves and speak to a lawyer before finalizing any legal statements.

Myth: Hit-and-Run Charges Are Impossible to Fight

Being accused of a hit-and-run doesn’t mean you’re without defense. These charges can sometimes arise from mistaken identity or insufficient evidence. By seeking legal representation, riders can challenge wrongful accusations effectively and ensure they’re adequately defended.

Separating fact from fiction when dealing with motorcycle and bicycle accident cases is essential. Riders should remain informed about their rights and look to legal professionals for guidance when they encounter these myths. We encourage every rider to consult with a lawyer or research the specific state laws relevant to biking to stay safeguarded on the road.