Riding a motorcycle is an incredible experience. Unlike driving, where you’re a passive participant in the experience, when you’re on a bike, you’re actually part of the machine in a sense. Unfortunately, you’re also vulnerable. If a car hits your bike, you’ll probably suffer a severe injury. Even worse, motorcycle bias could damage your ability to obtain the compensation you deserve.
The following is a look at motorcycle bias and how the attorneys with Keller, Melchiorre & Walsh can overcome this obstacle to help you get every dollar you have coming. When you turn to us, we’ll do everything possible to defeat motorcycle bias by presenting solid proof that you didn’t cause the accident. Don’t hesitate to call (561) 295-5825 or use our online form for a free evaluation of your case.
What is Motorcycle Bias?
Motorcycle bias is the discriminatory attitude or unfair treatment towards motorcyclists in various contexts, including insurance claims and legal proceedings. Unfortunately, jurors may harbor unconscious biases against motorcycle riders. These biases can significantly impact the outcome of a claim.
It’s ridiculous, but many people have opinions of motorcyclists based solely on what they’ve seen on television or in movie theaters. TV shows and films have historically characterized riders as being reckless troublemakers.
This bias can manifest in skepticism, suspicion, or a tendency to blame the motorcyclist, leading to denied claims or reduced compensation.
Insurance Companies May Use Motorcycle Bias to Deny Your Claim
Insurers are well aware that the vast majority of riders operate their motorcycles safely and always within the law. But insurance companies will use bias to their advantage. They’ll often argue that motorcyclists are thrill seekers and don’t deserve compensation because they choose to ride a dangerous vehicle.
Due to the perception that riders are risk-takers or reckless, insurance adjusters may be more inclined to deny or undervalue claims involving motorcycles. They may employ biased tactics such as focusing on the motorcyclist’s speed, helmet usage, or prior driving history to shift the blame onto the rider and discredit their claim.
Evidence Used to Negate Bias
To counter motorcycle bias and improve the chances of a successful claim, it’s crucial to gather and present compelling evidence. The evidence should aim to demonstrate the fault or negligence of the other party involved in the accident. This evidence may include the following:
- Witness statements: Eyewitness accounts can provide unbiased perspectives on the accident, corroborating the motorcyclist’s version of events.
- Police report: Official police reports often contain critical details about the accident, including the cause, contributing factors, and any citations issued. These reports can carry significant weight in the claims process.
- Photographs and videos: Visual evidence, such as photographs of the accident scene, vehicle damage, or video footage from dash cams or surveillance cameras, can provide objective documentation of the incident.
- Medical records: Comprehensive medical records outlining the injuries you sustained and the treatment you received are vital in establishing the extent of damages and the need for compensation.
- Expert opinions: Testimonies from accident reconstruction experts, medical professionals, or other relevant experts can objectively analyze the accident and support the motorcyclist’s claim.
What if My Claim is Denied?
If an insurance company denies a motorcycle accident claim based on bias or any other reason, it is crucial to take appropriate action. First and foremost, review the denial letter carefully to understand the specific grounds on which the claim was denied. Then, consult with an experienced motorcycle accident attorney who can evaluate your case, identify potential legal remedies, and guide you through the appeals process.
Jurors May Need Further Education to Avoid Motorcycle Bias in Court
Jurors may unknowingly hold biases against motorcyclists in legal proceedings involving motorcycle accidents due to societal stereotypes or personal experiences. These biases can influence their judgment, leading to unfair outcomes.
To mitigate this issue, educating jurors about motorcycle bias and encouraging them to consider the evidence objectively and without prejudice is essential. A skilled motorcycle accident attorney will make a compelling argument to convince jury members to set aside whatever biases they may have.
Understanding the Difference Between Motorcycles and Cars
One factor contributing to motorcycle bias is understanding the differences between riding a motorcycle and driving a car.
Motorcyclists face unique challenges, such as increased vulnerability on the road, reduced visibility to other drivers, and the need for exceptional balance and maneuvering skills. For example, it’s safer to turn faster than slower on a motorcycle. However, jurors – often with the urging of insurance companies – may see this as reckless behavior.
By educating insurance adjusters, jurors, and the general public about these differences, your attorney can foster a more accurate and fair perception of motorcyclists.
Keller, Melchiorre & Walsh are Here to Help You Get the Compensation You Deserve for Your Motorcycle Accident
If you’ve suffered an injury in a motorcycle accident and you’re facing bias from an insurance company, you need skilled legal representation. The Keller, Melchiorre & Walsh team has a great deal of experience in motorcycle accident cases. We understand the complexities and challenges that riders face. We’ll use our expertise and knowledge to your benefit, protecting your rights and ensuring you have the best possible chance of a favorable outcome.