When a motorcyclist is hit in the rear, the law allows the court to grant summary judgment finding that the vehicle which hit you is 100% at fault.
The evidence to prove that your motorcycle was hit in the rear is usually easy to obtain. Damage to both your motorcycle and the car or another vehicle should prove that you were hit the rear. Additionally, the police accident report and statements of you and the driver will probably also prove that you were hit in the rear.
If you have been hit in the rear, the insurance company will want to settle your claim before a lawsuit is started because once a motion for summary judgment is granted, you’re entitled to 9% interest on your money.
The insurance company for the vehicle which hit your motorcycle in the rear will likely admit 100% liability but will argue about the value of your injuries.
Insurance companies usually think injuries are worth much less than they really are and they are often used to settling with attorneys who don’t fully understand the value. It’s important to document how and why your injuries are as much as we claim.
A very careful review of your medical records is important. In addition to our own review, we have doctors review your medical records. We also have your medical records digitally organized and we obtain 3-D images of your x-rays and/or 3-D videos of your CT scan or MRI scan.
This video shows a motorcyclist being hit in the rear. The video shows him getting up and standing. In fact, the video caption is “Biker Gets Rear-Ended and Lands on Feet”. However, just because he got up and was able to stand doesn’t mean that he wasn’t seriously injured. The car most likely hit the motorcycle in the rear because the driver just never saw the motorcycle – see why.
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Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different
Philip L. Franckel, Esq. is the author of all articles and content on this website, one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York, well-known for representing motorcyclists. He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and is a former Member of the Board of Directors of the New York State Trial Lawyers Association. Mr. Franckel created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®.
Founding Partner Rob Plevy, Esq.
Robert Plevy, Esq. is a motorcycle accident lawyer and one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York. Robert began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.