Fighting Biases in a Motorcycle Accident Claim
Injuries received in a motorcycle accident are often debilitating and life-changing, but injured motorcyclists face an additional challenge as well: deep-seated biases that can make it more difficult to succeed in a claim against another motorist or an insurance company.
Some people consider motorcyclists to be reckless, irresponsible, and dangerous. This bias can affect the people who witness the accident, the first responders who treat the injured motorists, the judge and jury hearing a claim, and the insurance adjusters determining the value of a claim.
It’s important to understand these biases when filing a claim in a motorcycle accident. An experienced personal injury lawyer will work to push back against “motorcycle bias” and get you the settlement or verdict you deserve.
Examples of motorcycle bias
People can be biased against motorcyclists because they believe:
- Motorcycles are too difficult to see on the road
- Motorcycles are too fast or loud
- Motorcyclists are risk-takers
- Motorcycling is a risky behavior and motorcyclists knowingly assume the risks of the road
- Motorcyclists are irresponsible young men prone to dangerous behavior
Any of these biases can make a person more likely to believe that a motorcyclist is at fault in an accident.
Insurance company biases against motorcyclists
above but also because statistics seem to indicate that motorcyclists are more dangerous motorists. For example, motorcyclists are associated with a higher rate of fatal motor vehicle accidents. While this is a result of their more limited protections and smaller size, insurers may believe that it’s due to reckless riding.
Insurers may also believe that motorcyclists’ injuries are a result of poor decisions, such as choosing not to wear a helmet. Connecticut does not require a motorcyclist to wear a helmet. In fact, about two-thirds of motorcyclists wear a helmet and injuries are more common because motorcyclists are more exposed in collisions with motor vehicles.
Bias from insurance companies can lead to a denial of claims or a reduction in value. This, in turn, can leave a motorcyclist struggling to pay their medical bills and other expenses after an accident, and little to nothing for the way their injuries affect their day to day life.
When filing a motorcycle accident claim, we make the argument that the greater risks associated with motorcycles don’t mean that motorcyclists are inherently riskier drivers. A person riding a motorcycle responsibly still presents far less risk to themselves and others on the road than a person driving a motor vehicle irresponsibly.
Overcoming motorcycle bias
When filing a claim related to a motorcycle accident, the attorneys at Anderson Trial Lawyers work to address and overcome any potential biases that may affect the case. This strategy helps ensure that the claim gets fair consideration.
The use of accident reconstruction experts can build a convincing set of arguments supported by evidence, such as photographs, diagrams, videos, skid mark measurements, and analyses of vehicle damage to combat assumptions that the motorcyclist was driving recklessly.
We also confront these biases during jury selection to minimize the effects of bias when the claim is settled or goes to trial. By making jurors aware of motorcycle bias, we help ensure that they aren’t unconsciously affected by it.
Witness testimony is particularly valuable. Statements from friends and family can separate you from negative stereotypes and emphasize that you are a safe, law-abiding motorcyclist.
Injured in a motorcycle accident?
If you or a loved one have been injured in a motorcycle accident, contact the attorneys at Anderson Trial Lawyers for a free consultation.