How to Beat the Bias against Motorcycle Riders in a Personal Injury Claim

Motorcycles, a source of adventure and joy for many, can have a downside: bias against them. Unfortunately, the larger community often holds negative perceptions of motorcycles in personal injury cases that can significantly affect client outcomes. While it's impossible to control public opinion completely, there are strategies to mitigate negative perceptions and secure a favorable outcome. These are the key ways to help reduce bias in a motorcycle personal injury claim.

Follow Doctor's Orders: If you are injured in a case, it can be challenging to control the perception of cyclists, but you can manage your behavior. This is especially true because - if there is a trial or hearing - the defense will often ask the potential jury members questions like "How dangerous are motorcycles in your opinion"? or "Do you believe people need to follow their doctor's advice"? The defense will try to frame cyclists as responsible for their injury or as reckless. Because medical damages, and future medical care, are hotly contested issues, the defense is guaranteed to comb through a plaintiff's medical records. You can also potentially depose the plaintiff's doctor to ensure the extent of the injury, and the treatment adherence, are cast in as favorable light to the defense as possible. Not following the doctor's orders can create future medical complications and severely hurt a judge's or jury's impression of your case and reduce medical awards.

1. Record The Scene: Humans respond well to visual cues. After an accident, it is crucial to take clear and compelling photos of the accident. It's important to understand insurance companies want to spend as little money as possible as quickly as possible. The more evidence you can produce of the site to bolster the claim, the more likely the insurance company will offer a favorable settlement to avoid taking their chances at trial. Following best practices such as taking close-up photos of the damage, other vehicles involved in the accident, and relevant contextual information like weather, skid marks, and road signs are crucial. Rightly or wrongly, people may come to the case with perceptions like motorcycles are extremely hard to see if they are on the road at night or in truck blind spots and discount a cyclist's case. Getting time-stamped and clear photos can eliminate room for opinion and conjecture and tamp down any bias insurance companies, judges, or juries may have against you.
2. Wear A Helmet to Control Comparative Negligence and Perception Issues: There are common beliefs that reckless motorcycles are the primary culprit in personal injury cases. A key action that individuals can take is to wear a helmet. Wearing a helmet lessens the risk of death by 37% and will become a point of contention in your case or insurance claim. Failing to wear a helmet, especially if mandated by state law, can significantly weaken your claim for damages and put you at a disadvantage. This is because most states follow a comparative negligence provision. If you engage in behavior that increases your risk, you will likely see a reduction in your award - potentially eliminating it.
3. Follow Doctor's Orders: If you are injured in a case, it can be challenging to control the perception of cyclists, but you can manage your behavior. This is especially true because - if there is a trial or hearing - the defense will often ask the potential jury members questions like "How dangerous are motorcycles in your opinion"? or "Do you believe people need to follow their doctor's advice"? The defense will try to frame cyclists as responsible for their injury or as reckless. Because medical damages, and future medical care, are hotly contested issues, the defense is guaranteed to comb through a plaintiff's medical records. You can also potentially depose the plaintiff's doctor to ensure the extent of the injury, and the treatment adherence, are cast in as favorable light to the defense as possible. Not following the doctor's orders can create future medical complications and severely hurt a judge's or jury's impression of your case and reduce medical awards.

Take excellent care of your bike:

Taking excellent care of your bike can score essential points with the judge or jury in your case. There are a couple of crucial things that you can do to protect yourself:

1. Install rearview mirrors on the bike: 22 out of the 50 states require rearview mirrors, so if you plan on making a cross-country road trip - there's good reason to do it anyway. Installing mirrors should take priority over auditory warnings like loud pipes or a loud motorcycle horn because, generally, motorists cannot hear those until you are too close. Even when not required, proactively installing mirrors can demonstrate safety consciousness and result in favorable impressions to the jury or court.
2. Make sure all tires are in excellent condition: Taking care of yourself is always a primary concern, but every state has safe driving laws on its books. If an accident occurs because of a flat tire - the driver can be responsible for those damages. Showing careful maintenance records and keeping a record of whom the tires were purchased from can be substantial. For example, suppose defective manufacturing caused the accident - knowing where the tire came from. In that case, safety recalls associated, and other matters could expand the claimant pool to recover from and shift away from comparative fault issues.

Motorcyclists, unfortunately, can get a bad reputation. That reputation can hurt their financial future when they get in accidents. Taking the time and care to take proactive measures can decrease the chance of an accident in the first place and serve as favorable evidence in a court case. If you are involved in an accident, speak with an experienced motorcycle injury attorney as soon as possible to form a plan to minimize bias and maximize your outcome.