Overcoming Motorcycle Bias
Posted on: July 22, 2024If you’ve been injured in a motorcycle accident, you should be aware of anything that could prevent you from getting the justice you deserve.
Unfortunately, one of the biggest threats to your case is also the most prevalent: motorcycle bias.
Unfair motorcycle bias is very real and has affected countless lives. Yet as an injured victim, you deserve for your case to be handled with care. At Beers & Gordon, our team has decades of experience helping motorcycle owners in overcoming this bias so they can receive fair compensation for their injuries.
Let’s take a closer look at how motorcycle bias negatively impacts your case and how we work to counteract it.
“Motorcycle bias” refers to any belief that expresses a prejudice against motorcycles and the people who ride them.
Like many stereotypes, it’s likely that motorcycle bias first arose in the 1950s, when the movies began to depict “rebels” seated on the back of a motorcycle. Unfortunately, this image has become part of our culture, despite reality.
Fighting the motorcycle bias involved in your case doesn’t just help your case, it helps to remove this unfair stereotype from our culture.
Common Biases Against Motorcyclists
In order to fight against motorcycle bias, it helps to know what form these biases are likely to take.
Based on our experience as motorcycle accident attorneys, there are four arguments that we are likely to encounter.
1. Motorcycles Are Hard To See
Motorcycles are smaller than the average motor vehicle, but they are much larger than other things you are expected to see on the road, such as road signs, bicycle riders, and pedestrians. Additionally, most motorcycles now have a headlight illuminated at all times making it more visible.
An attorney can use photo or video evidence to show that the other driver(s) should have seen you.
2. Motorcycles Are Too Fast
The main reason people think motorcycles are fast is because they are loud. An experienced rider knows this is due to the construction of the engine, but many others assume that loud noise equates to fast speed. We have been involved in cases where witnesses have testified that the motorcycle “sounded fast” while acknowledging it was not going over the speed limit.
Examining skid marks, property damage, and other scene evidence can sometimes help prove that you were traveling within the speed limit.
3. Motorcycle Riders Are Reckless
Sadly, many people who are unfamiliar with motorcycles still assume that anyone who rides a motorcycle is not concerned with safety or takes unnecessary risks on the road. Some even believe that all riders have a criminal record or are involved in a gang! Unfortunately, we have all seen inexperienced and reckless motorcyclists who are weaving in and out of lanes and shooting the gap between vehicles. These antics give the majority of safe motorcyclists a bad reputation.
A motorcycle accident lawyer can help counteract this belief by humanizing you and highlighting your character. If the case goes to a trial, extensive questioning can further root out this bias. That is why you retain the experienced motorcycle attorneys at Beers & Gordon.
4. Motorcyclists Cause Accidents
Due to their reputation as reckless rebels, there is often an unspoken belief that any crash involving a motorcycle was caused by its operator. However, motorcycle accident statistics disagree.
In fact, according to the National Highway Traffic Safety Administration, “the majority of multi-vehicle motorcycle crashes generally are caused when other drivers simply didn’t see the motorcyclist.”
How Does Motorcycle Bias Affect Your Claim?
People may see one or two examples of unsafe riders and use that to form their opinion of all motorcyclists. These people can then become police officers, accident witnesses, judges, jury, insurance agents, and even attorneys involved in your case.
As a result, your case may be denied or undervalued by the judge, jury, and insurance company. You may not receive fair representation or guidance from your attorney.
It would be a grave injustice if your injuries were the fault of the other driver or a malfunction of your bike and you were made to feel like the villain.
How To Overcome Motorcycle Bias
There are a few things you can do to give yourself the best chance of success in your accident case.
The best thing you can do is to practice good motorcycle safety. Wearing proper safety gear, following traffic laws, and driving defensively (remember, lane splitting is illegal!) will help combat the negative view of motorcyclists and give you a better chance at winning your case.
The second thing you can do? Seek legal assistance from an attorney who specializes in motorcycle accident cases.
Motorcycle accident attorneys are not likely to harbor any bias against you. Furthermore, they will know what arguments to expect from the other side and how to combat them. In some cases, they may even have access to accident reconstructionists and other experts who can bring solid evidence to support your claim.
You Need A Motorcycle Accident Lawyer!
If you were injured in a motorcycle accident, it is important to remember that you are the victim, despite what the insurance company and/or police officers are saying.
As your motorcycle accident attorney, the attorneys at Beers & Gordon will work tirelessly on your behalf to overcome motorcycle bias and help you receive fair compensation for your injuries and damages. Before we opened up our own law firm, we worked on behalf of insurance agencies, so we are familiar with the tactics and arguments they will use against you.
Contact us today to schedule a free case evaluation with an experienced attorney who can best evaluate your case and advise you on the viability of your claim.
Jim Gordon
Jim Gordon earned his Juris Doctorate from the University of Nebraska in 1997, and two years later began working at a firm in Orlando handling insurance defense matters on cases involving vehicle accidents, negligence, product liability, and more. He established Beers & Gordon P.A. with David Beers in 2009 to represent the rights of people injured because of negligence. He is a member of the invitation-only National Trial Lawyers organization and the Million Dollar Advocates Forum.
