Ride a Motorcycle? Get a GoPro® !
By Mark Wolfe, Attorney at Law

In my 35 years as a personal injury attorney I’ve represented thousands of motor vehicle crash victims. A number of my clients have been motorcyclists. Motorcycle vs car personal injury claims and cases tend to be more difficult than the typical car vs car matter. Why is that? I’ll tell you in just a second but first let me tell you about the law. Whenever you make a claim against someone (and their insurance company) for negligently hurting you, you carry the burden of proof. That means you have to prove they were at-fault with credible evidence. This burden of proof is what makes motorcycle vs car crash claims a little harder.
If you’ve ridden a motorcycle for any length of time, you know there is a stereotypical prejudice against motorcyclists. People believe motorcyclists “go too fast”, are “risk takers”, are “reckless”, are “disobedient to the rules of the road”, etc. Herein is the problem. It’s very common in a car crash scenario for the at-fault driver to either blame the other driver completely or deflect some degree of responsibility for the crash to the other driver. My experience tells me that this occurs at a higher level in a motorcycle vs car crash. The driver of the car is more likely to either try and blame the motorcyclist completely for the crash or say the motorcyclist contributed to the crash by some “unsafe” manner of operating the motorcycle. Usually, “the motorcyclist was speeding.” Because many law enforcement officers have the same stereotypical prejudices mentioned above, these allegations against the motorcyclist often find their way onto the accident report and can weigh heavily on the officers determination of fault for the accident. Insurance companies use the information in the accident report as the main part of their liability investigation. If an unfounded or false accusation against the motorcyclist is in the accident report, it could result in a legitimate claim being delayed or even denied.
So what can you do? Two things. First, consider using a GoPro® or similar video recording device while riding your motorcycle. If you do this and you are in a crash, DO NOT immediately tell the investigating officer you have a video of the crash or give the officer the recording card or chip. (Sometimes a crash video may reveal something that the other side can use to argue the motorcyclist contributed to the accident. Also, if the officer maintains the original card or chip it may not be available to you because it is now being held as “evidence.”) Rather save the video card or upload the video to a permanent hard drive and get a copy of the accident report as soon as the report is available. Then once you have a copy of the accident report immediately consult with an experienced motor vehicle crash attorney. (Do this even if you don’t have a video of the crash.) Most injury attorneys offer free consultation and he or she can review the accident report, and the video, and determine the best way to proceed. It may be everything is in order and you may not need to retain an attorney. But if the report needs to be amended or producing the video will be helpful with the other driver’s insurance company, the attorney will be able to effectively and efficiently help you do this and keep your claim moving forward. Read more about motorcycle crash statistics here. CLICK.
At Boteler Richardson Wolfe consultations about a motor vehicle crash situation are always free: call 251 410-7761 to speak directly with Mark Wolfe or send him an email: mark@brwlawyers.com (include “Motorcycle Crash” in the subject line). The law firm handles motor vehicle crash claims and cases in multiple states and has lawyers licensed to practice law in Alabama, Mississippi, Florida and Georgia.
REQUIRED DISCLAIMERS: Alabama Rule of Professional Conduct 7.2: No representation is made that the quality of legal service to be performed is greater than the services provided by other lawyers. The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997). Statement in compliance with Florida Bar Advertising Rules: “The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. [Florida Rule 4-7.2(d)]. General Disclaimer: This information is posted for general information purposes to help those interested parties or persons with potential civil claims better understand their rights and potential causes of action. If readers are currently represented by an attorney on the subject matter of this post then they are encouraged to continue with said representation. No attorney-client relationship is established by this post.



County Bar Association as part of their 2020 CLE series and was conducted via Zoom. The program covered a wide range of legal issues regarding life insurance claims including beneficiary disputes, common reasons for denial of benefits and the impact Federal laws and regulations have upon benefit dispute resolution. Wolfe’s presentation included common legal issues that arise in accidental death benefit claims and he also covered a section on the impact of Federal laws and regulations on disputed life insurance claims. If you have questions about life insurance benefits or your claim for life insurance benefits has been denied, call mark today at 251 410-7761 for a free consultation or email him at
These people generally appear fine and gush about what a financial windfall the lawyer got them for their injury claim. The problem is the fine print disclaimers that accompany the commercials usually scroll across the screen so quickly, or are so small, you can’t read them. Many people don’t even see them, let alone read them. Here’s a compilation of some of these disclaimers from some recent TV lawyer ads in our area: – Dramatization: Not an actual case. – Not an actual client testimonial or based upon a specific case. – Actor portrayal, not a real client or case. – The monetary result referenced is not from an actual case. – The monetary recoveries referenced are not typical of most injury claims and [law firm name omitted] in no way guarantees or promises similar results for specific injury claims. – Not a typical injury case recovery. – Not a real client or case result. – Not an actual case result or recovery. [Law firm name omitted] processes claims and cases via a referral to an affiliate law firm. Referral law firms are solely responsible for claim and case presentation and remit a portion of the attorney fees to [law firm name omitted.] – Actor and/or spokesperson is compensated for services and any reference to financial recoveries are of non-typical personal injury matters. – Actual results may vary. Not licensed to practice law in Alabama. Legal? Maybe. But doesn’t this smell of deception? A commercial runs with a “client” boasting of a huge financial recovery but hidden in the commercial is one of the above fine print disclaimers stating the results are not true or not typical. Seems like the old bait and switch sales tactics used by shady salesmen of days gone by. Trust between an attorney and his or her client is critical to a good relationship. Clients must rely on and trust their attorney to help them through a difficult time. There is a better way to go about hiring a personal injury attorney. Here’s a link to an article about how to hire the right personal injury attorney for your claim or case. 

