Similar to all motorists, motorcyclists also face several risks on the road. However, their dangers are unique, as they are not only physical dangers but also negative societal perceptions. These perceptions tend to impact them negatively when claiming accident relief. This is referred to as motorcycle bias.
Motorcycle bias can be referred to as the preconceived notions or stereotypes attached to motorcyclists, for example, they are reckless or irresponsible. The biases affect the way fault is assigned and the assessment of the damages. It affects their credibility and how insurance adjusters and jurors view them.
It is, therefore, necessary to understand what motorcycle bias is and how it affects your accident claim. The prejudices are so widespread that they influence everything from initial police reports to final court decisions.
If you or a loved one has been involved in a motorcycle accident, it is crucial to contact experienced lawyers such as the motorcycle accident attorneys at Bentley & More LLP. They have a skilled team of lawyers who specialize in motorcycle accidents and can help ensure their clients do not face such prejudices and get their rightful compensation.
Origins and Forms of Motorcycle Bias
The bias has its roots in cultural stereotypes. Popular media portray bikers as aggressive or lawless, prone to speeding or taking unnecessary risks deep-rooted. It has found its way into law enforcement reports, insurance evaluations, and jury deliberations.
As a result, the bias affects:
- Police Reports: Officers unconsciously assume the motorcyclist was speeding or lane splitting, despite no strong evidence.
- Insurance Adjusters: Claim evaluators offer lower settlements as they believe motorcyclists take more risks.
- Juror Prejudice: In personal injury claim suits, jurors may subconsciously blame the rider due to their bias.
Therefore, the motorcyclists should take extra care to safeguard their legal interests.
Impact on Fault Determination
In states with comparative negligence laws, the fault is divided among the parties. If it is found that the motorcyclist is partially at fault, the compensation may be reduced disproportionately. The bias can affect the interpretation of facts, like road conditions or witness statements, to favor the other party.
For example, a driver making an unsafe left turn may share liability. However, if the motorcyclist was assumed to be speeding, the jury would assign greater fault to the motorcyclist and reduce compensation despite no evidence.
Influence on Compensation Awards
Jurors or adjusters may not award the correct amount due to their perception of the risk-taking behavior of motorcyclists or “deserved” injuries due to the dangers of motorcycling.
Other aspects, such as lost wages or medical expenses, would be subjected to harsher scrutiny. The insurance companies will support their award by stating that motorcyclists accept higher risks and so are not eligible for the same compensation as other drivers.
Strategies to Combat Motorcycle Bias
- Objective Evidence: Helmet cam footage, GPS data, and reconstruction of the accident provide unbiased, factual accounts of the accident. These materials can help break assumptions and provide a clear picture of events.
- Witness Credibility: Eyewitnesses and a neutral third party’s testimony attesting motorcyclist’s safe and responsible driving.
- Expert Testimony: Challenging misconceptions using accident reconstruction and motorcycle safety experts.
- Legal Representation: Attorneys experienced in motorcycle accident cases have a fair idea of the nuances of bias. They can present evidence minimizing its impact, file motions to exclude biased evidence, or request the jury to disregard stereotypes.
Legal Standards and Precedents
Motorcyclists, like every other motorist, are entitled to the same legal protections. The courts are aware that bias affects verdicts and, in some cases, have overturned decisions where bias played a role. Motorcycle bias has skewed accident claims against riders, irrespective of being not at fault. These biases have resulted in reduced settlement values and missioned liability. Understanding the biases and taking proactive steps to counter them with the help of evidence, expert input, and skilled legal representation can improve the chances of a fair outcome.
