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OVERCOMING CHALLENGES IN MOTORCYCLE ACCIDENT CASES

October 3rd, 2013 Personal Injury

In states such as Oklahoma and Arkansas, many automobile insurance companies take a fairly hostile stance against motorcyclists injured in an accident.   While some states specifically allow insurance companies to deny some types of insurance coverage, such as Medpay coverage or first-party coverage, to motorcycle drivers, in other states, insurance companies tend to take a very skeptical attitude towards individuals injured while riding their motorcycle.

One of the reasons they employ such skepticism is that they know people hurt while riding their motorcycle have a higher likelihood they will sustain more costly injuries.  Since the insurance companies worry that the damages they would have to pay out to an injured motorcyclist may be very high, they go to great lengths to deny liability in the first place.  In order to deny liability, the insurance company must determine that the driver they cover is not legally responsible.

The tendency of insurance companies to take this tactic means that those injured in such accidents need to be represented by counsel.  They will need representation so that the insurance companies may worry that the injured party will have their attorney file suit against the driver covered by that insurance company.   If the insurance company is concerned that they will have to pay for the defense of a possibly untenable decision about the liability of their covered driver, then they may be receptive to arriving at a negotiated settlement prior to the case going in to litigation.

If the motorcyclist’s attorney can succeed at getting the insurance company to admit the driver of their covered vehicle was liable, the injured party will be able to seek the same kinds of damage awards as a person injured while in a car.   They can recover compensation for past and projected future medical bills, lost wages for time missed from work, pain and suffering and costs for any long-term disability that may affect their ability to work or to live the type of lifestyle previously enjoyed.  The details of what must be proven in order to recover certain types of damages can be quite complicated.   Consult with counsel to see what you may be entitled to recover in your case.

 At the law firm of NOLAN CADDELL REYNOLDS, our attorneys have substantial experience representing those injured in motorcycle accidents.  Contact us toll free at 1-800-709-5297 or locally at 479-782-5297.  Or you can reach us on our website at www.nolancaddellreynolds.com.

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Typically I don’t leave much feedback for services rendered, however, in this particular case I think everyone needs to know about my experience with Caddell Reynolds. I have used various attorneys throughout my adulthood for various reasons. Recently I retained an attorney, Joel Hargis, from this firm. If anybody is just satisfied with meeting expectations you need to consider this firm for exceeding expectations. This attorney and his staff far exceeded any expectations I had at the onset. Tammy was amazing in making me feel comfortable with the various entries and documentation needed. Mandy goes above and beyond in being responsive to questions and needs. An example which has never happened to me before with any law firm, was I sent an email late Saturday night requesting an appointment and information and on Sunday I got a response back. What law firm does that? Never in my experience has that ever happened to me. Joel is absolutely amazing. He doesn’t circumvent the law he explains the law that any novice can understand. He left no doubt in my mind of his knowledge, his experience, his attention to detail, and his overall diligence in making sure that I was going to be represented in a manner that my confidence level in my particular case went up 150%. I very much recommend this law firm and if the rest of their legal team is as good as the one I retained within this firm they will go far in servicing any client that needs representation. Amazing and astounding don’t really define or describe how I feel. One word comes to mind, indescribable!

John T