Motorcycle riders who pursue a personal injury claim following a crash may be subject to a disproportionate amount of bias during their case. This can come from many different circumstances and has the potential to affect the outcome and compensation that may be received.
When undergoing the personal injury claims process, it’s essential to work with an experienced attorney who can recognize the signs of bias as they arise and provide the assistance necessary to overcome these setbacks.
Signs of Bias in Motorcycle Crash Cases
There are many potential signs that bias may be playing a role in a motorcycle crash case. Depending on where these appear in the process, it could affect how successful a claim is. Here are some signs of bias a rider should be aware of:
Jury Bias
Despite there being a screening process to weed out potential biases, jurors may still approach a case with certain preconceived notions. They may assume that all motorcycle riders drive too fast or too recklessly and don’t follow the law. Even if there is video evidence or testimony that proves this wasn’t the case, some jurors may still find it difficult to believe.
Alternatively, popular culture can make it seem like motorcycle riders are an unfavorable or dangerous group, which can make it harder to be seen in a positive light when in the courtroom. In these cases, it’s important to remember that these biases are often based on an inaccurate interpretation for entertainment purposes and not reality.
Witness Statements
Witness statements can also provide setbacks for a motorcycle rider in the claims process. Suppose a driver didn't appropriately signal or look before changing lanes/turning and then hits a rider. While this clearly may be the driver's fault, other witnesses may not be aware that this occurred and, unfortunately, express their own biased opinion about what happened. This can be frustrating and difficult to manage, but an experienced attorney will know how to handle this properly.
Police Reports
At times, police reports may be inaccurate or unfair. Witnesses and other involved parties may sensationalize the contributions of a motorcycle rider and downplay their own role in what happened. If in a situation where the officer did not respond to the scene and instead the parties were responsible for obtaining and filing a report on their own, this may result in an improper account of what took place.
Since this documentation is often essential in injury cases, an experienced attorney can help ensure that the information included is an accurate representation of what happened before it gets submitted into evidence.
Insurance Companies
There have also been instances where insurance companies will try to “lowball” motorcycle riders who are making a claim. They may offer an initial settlement that is much lower than what the case is actually worth. This is because they know that motorcycle riders may have a more difficult time proving their case in court.
How An Attorney Can Help
While bias against motorcycle riders is unfortunately common, a skilled attorney will know how to navigate these challenges to ensure their client gets a fair outcome. Bias has no role in the legal system, and every motorcycle rider who is injured by the actions of another is entitled to justice. If you or someone you know needs legal assistance when pursuing a personal injury claim following a motorcycle accident, we can help.
The team at Canan Law has over 85 years of combined experience ensuring that our clients get the outcome they deserve. Schedule a free case evaluation today by calling (904) 849-2266 or filling out this short form.
