Motorcyclists can suffer some of the most serious injuries during a vehicular accident, due primarily to the lack of steel frames and other automobile safety features. Nonetheless, many juries and insurance companies are reluctant to award motorcycle accident victims the compensation they deserve. This is often due to bias against the motorcyclist. Although this can present a challenge to winning damages, having determined legal counsel will make a difference.
California motorcycle accident victims have a trusted ally in Text Kevin Accident Attorneys. We understand the real role that bias plays against motorcyclists, and we take the steps needed to counteract negative attitudes to seek the most compensation for our clients.
What Are Examples of Unfair Biases?
If you’ve been in a motorcycle accident, you may encounter resistance from the at-fault driver’s insurance company or attorney when it comes time to file a claim. Even though motorcyclist victims have the same right to seek damages as anyone else, actually receiving a fair payout for injuries may be easier said than done. That’s because jurors, lawyers, claims adjusters, and others cling to outdated stereotypes and assumptions about motorcyclists. These are a few examples:
The motorcyclist must be responsible for the accident. While it’s true that some motorcyclists drive erratically and dangerously, this is also true for motorists in general. Regardless of the type of vehicle involved, there will be good and bad drivers. Still, many people automatically assume the motorcyclist was at fault, and they start from that false belief.
The motorcyclist must have been reckless. Popular culture has put forth many stereotypes about the attitudes of motorcyclists. Individuals often falsely link riders to gangs or unruly young people who are disrespectful of authority and have little to no regard for the safety of others on the road. In reality, the majority of riders do their best to obey the law and often find themselves on the receiving end of reckless driving and road rage.
The motorcyclist must have been speeding. Motorcycles are nimble vehicles that can dart easily around automobiles and quickly reach top speeds. For this reason, they are often associated with speed and agility. But this leads many to automatically conclude that the motorcyclist was speeding at the time of the accident. Even if the other driver was at fault, (actual) evidence of the motorcyclist speeding could reduce his or her damages.
It was too difficult to see the motorcyclist, so it’s not the driver’s fault. It is true that motorcyclists are relatively more difficult to spot in traffic. However, this does not relieve a driver of the duty of care he or she owes motorcyclists. Every driver has an obligation to be careful and ensure that riders aren’t in their blind spots. Although it can be harder to see a motorcyclist, juries must fairly assess whether the defendant driver was negligent – and not use visibility issues as a blanket excuse.
The motorcyclist doesn’t deserve fair compensation. Generally, some people just don’t like motorcyclists. Perhaps they have had a negative interaction with one in the past, or someone they dislike rides a motorcycle. No matter the reason, this prejudice can affect the motorcycle victim’s outcome in a personal injury case. This can be seen in unreasonably low settlement offers from insurers and paltry damages awards from juries.
How An Experienced Motorcycle Accident Attorney Can Counter Bias
Victims deserve fair treatment in the civil justice system, regardless of who they are and what type of vehicle they drive. Most motorcyclists are responsible citizens who simply want to enjoy their rides and make it home safely. The vast majority do not intentionally cause accidents or engage in risky traffic maneuvers that can cause wrecks. Bias against motorcyclists is a real problem, but there are ways to overcome it. It starts with hiring a seasoned motorcycle accident lawyer to fight for the compensation you deserve. These are some ways your attorney will work for you:
Presenting compelling evidence. Every victim has the duty of obtaining and presenting the evidence needed to show that the at-fault driver was negligent in causing the accident. The stronger the evidence, the more difficult it becomes to overlook it because of bias. Such evidence may include:
- Photographs and video recordings of the accident scene and the victim’s injuries
- Photographs of the damage done to the motorcycle and other property in the area
- Diagrams of the accident scene that show measurements of distances
- Medical records that prove the nature and extent of the victim’s injuries
- Eyewitness statements that can substantiate the victim’s claims
- Expert witness testimony from accident reconstructionists and other professionals
Character witnesses. This is another potential strategy that relies on demonstrating the victim’s positive traits. Your attorney may seek testimony from those who know you best: your family members, friends, co-workers, and others. These individuals can put a human face to the accident and negate bias. Character witness testimony can specifically attest, for instance, to the driver’s safe handling of the motorcycle.
Jury selection. Lastly, your attorney will be careful about who is chosen to serve on the jury. The goal is to weed out jurors who have demonstrated biases against motorcyclists. Insurance companies make their settlement decisions on the basis of how they believe a jury will decide a case. They therefore rely on biased jurors to support their low settlement offers. We work to educate potential and actual jurors so they can see past any unfair assumptions and fairly evaluate the evidence.
Fighting for the Rights of Motorcycle Accident Victims
Our team is prepared to handle all aspects of your motorcycle accident lawsuit and will work to fight any prejudicial attitudes that might deny you the compensation you need. We also have tips for making yourself more visible while riding your motorcycle. Were you hurt in a California motorcycle accident? Text Kevin Accident Attorneys are here for you. Call today.
Read more on KulFiy
The Importance of Hiring a Motorcycle Accident Attorney for Your Case
How Long Will a Motorcycle Injury Lawsuit Take: What Should You Expect?