Following accidents, motorcyclists frequently face uphill battles in personal injury cases due to deep-seated biases against them — from accident reports, insurance adjusters, and juries alike.
Many people assume motorcyclists are reckless, aggressive, or inexperienced. Some are swayed by motorcycles’ decibel levels. Popular media often portray riders in a negative light: racing through traffic, weaving between cars, lane splitting, etc. A few cyclists are guilty of this, but not the vast majority.
Some motorists immediately resort to the “I didn’t see them” defense. In fairness, the smaller size of a motorcycle does sometimes present visibility challenges; however, it’s frequently a go-to excuse by auto and truck drivers to deflect from their own negligence and accountability.
Helmet usage can have a disproportionate influence on a case. Even in states where helmets are optional, a motorcyclist not wearing one may be viewed as irresponsible and having contributed to their own injuries, even those apart from the head or neck. This bias often leads to an oversimplification of complex injury causation factors, with motorcyclists frequently being penalized unfairly.
Some adjusters and jury members believe that motorcyclists should have known what they were getting into by riding a motorcycle and therefore bear more of the consequences for incurring serious injuries. This bias diminishes the responsibility of negligent motorists and minimizes a rider’s pain and suffering.
If you or a family member is injured due to the negligence of another driver, contact our firm. Our skilled, experienced team will take care of all the details; present your case clearly and accurately; challenge the defendant’s framing of the case when necessary; influence jury selection at trial; and attain significantly higher compensation than those who go it alone.
