To find out, we asked Claude Wyle, a California attorney and member of the Advocate Law Group network who has been practicing motorcycle law, and riding, for 25 years. Here's what he said:

The first thing to do is to go out and gather up all the evidence that you can. Investigate the case as thoroughly as you can. Get all the physical facts together. Get the experts together that you think you're going to need – and get them early. Start to work with them to develop your theories on the case and also document and preserve the evidence of the client's injuries.

Building a strategy

With every sound theory comes an equally sound strategy. Wyle says that a good lawyer must establish a rapport with the other side, and hopefully, with the insurance representative. He stressed the importance of letting them know that you're on the case, that you know what you're doing and that you have a good case so that they will set aside adequate reserves to compensate your client in the future. He explained:

Insurance companies set aside reserves, which is like saying, "We think this case might get as big as X dollars," and so they set that aside. It's a lot easier if they set aside large reserves to get a case settled within those reserves than it is to come back later when they haven't set aside very much money and you try and get more. That's always more difficult. So, you want to establish contact with the other side and also determine if you're dealing with somebody who can think about the case and be practical about it.

Overcoming obstacles

Wyle says that unfortunately you sometimes end up dealing with a low level person on the other side who has no authority, no ability to think on their own and just doesn't get it. It's an obstacle that must be overcome. He continued, "You tell them what the law is and they say, 'Well, that's not right.' You've handled 100 cases just like it. You know you're not going to be able to get through that person's head and you might as well just file the lawsuit. Since most of the motorcyclists are hurt worse than automobile drivers in an accident, you end up filing more lawsuits than with other kinds of cases. It's more difficult to convince the other side that your client is right and their insured is wrong because if they don't ride or have that much experience or if they haven't handled these kind of cases, they just don't get it."

If you or a loved one has been injured in a motorcycle or bicycle accident, contact an attorney whose practice focuses in this area of law. Click here, for a free consultation with a motorcycle accident attorney.