It is no surprise that motorcyclists are at serious risk of being severely injured when involved in a traffic accident. Unlike most vehicle drivers, motorcyclists do not account for the protections offered by cars, such as the tough metal exterior, seat belts, and air bags. As a result, when an accident happens, the motorcyclist can suffer serious, and sometimes fatal injuries.
According to a report published by the California Highway Patrol, there were 566 motorcycle accident fatalities in 2017. Additionally, 14,148 motorcyclists sustained injuries in traffic accidents in the same year. When a motorcycle accident is caused because of another driver’s wrongdoing, financial compensation may be recovered through a personal injury case.
Bias in Motorcycle Accidents
There is a common misconception that motorcyclists are irresponsible drivers. Many people believe that motorcyclists tend to speed or weave in and out of traffic lanes. Unfortunately, this can affect the outcome of a motorcycle accident claim in a variety of ways, including the following:
1. Presumption of Responsibility
Auto insurance adjusters, police officers, and even judges and juries tend to assume that motorcyclists are at fault in a motorcycle accident. These parties can assume motorcyclists are guilty as a result of common stereotypes.
2. Low balled Settlement Offers
For the same reasons a presumption of liability is made, insurance adjusters will assume motorcyclists engaged in reckless behavior that contributed to the cause of the accident. As a result, injured motorcyclists may receive low settlement offers that do not cover their injuries to the fullest extent.
3. Reduced Damages Award
When the motorcycle accident case goes to trial, judges and lawyers alike try their best to seat a jury that does not have an implicit bias on the case. Nonetheless, jurors have experiences that predispose them to opinions about the case. Regrettably, this can play a role when a case is decided. The injured motorcyclist can receive a reduced damages award when the jury believes the rider largely contributed to the cause of the accident.
How an Experienced Motorcycle Accident Attorney Can Help
Motorcycle claims are challenging, especially because of the ongoing motorcyclist bias. When a motorcycle accident occurs, it is critically important to seek the legal assistance of an experienced attorney who is familiar with these types of biases and will ensure the case has the best opportunity at being successful. If you or someone you love was injured in a motorcycle accident, hire the support of a qualified personal injury attorney as soon as possible so that you obtain the monetary compensation you truly deserve.
For four decades, the litigators at SANFORD A. KASSEL, A Professional Law Corporation have championed on behalf of motorcyclists who have been injured as a result of another’s negligence. When a careless or reckless driver causes an accident that results in the injury of a rider, the negligent driver must be held responsible for the damages. Consider obtaining the legal assistance of SANFORD A. KASSEL, A Professional Law Corporation. Call the law firm at (909) 844-6451 today for a free initial consultation.
