A motorcycle accident can leave you with devastating injuries. Motorcyclists need a lawyer to obtain fair compensation for injuries from the liable driver. Without a lawyer, insurance company biases against motorcyclists can lead to less money for your losses.
Learn more about motorcycle bias and other aspects of motorcycle accident claims below. Always retain a motorcycle crash attorney to help if another party injures you in an accident. They will ensure that the liable party pays for your injuries and that the insurance company treats you fairly.
What Is Motorcyclist Bias?
The vast majority of motorcyclists ride their vehicles safely. Unfortunately, many insurance companies and juries have a bias against motorcyclists.
Motorcyclist bias can lead to a seriously injured victim receiving less than they deserve in a motorcycle accident claim. The liable insurance company has a motivation to undervalue your claim and give you less than you deserve for your medical bills, lost earnings, and pain and suffering.
Insurance companies may claim:
- Motorcycles are more difficult to see than other vehicles: Many negligent drivers fail to see the motorcyclist. For example, many serious auto accidents happen when a driver turns left and doesn’t see an oncoming motorcycle, then collides with them.
- Motorcyclists speed: Most motorcyclists are safe and obey the law.
- Motorcyclists assume the risks: Insurance companies, police officers, and juries may unfairly assume that all motorcyclists assume a particular risk by riding a bike. However, other drivers have the same duty of care to drive safely as motorcyclists. The insurance company shouldn’t penalize motorcyclists because riding a motorcycle is riskier than driving a car.
- All motorcyclists are reckless: Some drivers have seen a few motorcyclists ride recklessly and may wrongfully assume that all riders do the same.
You should always retain a motorcycle accident attorney to help if another driver injured you in a car accident. They will ensure that the insurance company or jury fairly treats you.
How Can Motorcycle Bias Damage Your Claim?
There are several ways that motorcyclist bias can hurt your claim with the insurance company:
Damages Your Credibility
The unfair assumptions of the insurance adjuster, police officers, or jury members can make you look less credible. They may think that you did something dangerous that led to the injury, even if the evidence shows another party caused the accident.
Police Make Unfair Statements
Imagine that a first responder comes to the crash scene and they are biased against motorcyclists. This unfair attitude can lead to an inaccurate police report that blames you for your own injuries. The insurance company will review the police report, which the adjuster may use to devalue or deny your claim.
Witness Testimony
Eyewitness testimony about the accident is often critical to assigning blame. A witness could have seen a reckless motorcyclist recently and unfairly assume that you did something to cause the accident. The insurance company can point to a witness statement as a reason to partially blame you for the crash.
Insurance Company Decisions
Insurance companies look for any reason to underpay injury victims. When the injured party is a motorcyclist, the insurance adjuster may attempt to pay less than you deserve simply because you ride a motorcycle.
An experienced motorcycle accident attorney will not allow the insurance company to use evidence or improper assumptions to be used against you. Your personal injury attorney will review the evidence and blame the liable party, not you.
Lower Settlement Offers
Insurance companies know that juries often have biases against motorcyclists. So, the insurance adjuster may offer you less for your injuries because there’s a chance the jury would offer less.
Jury Bias
Most motorcycle crash claims are resolved with a settlement, with the liable driver’s insurance paying the damages. However, some cases go to trial, and the jury’s negative assumptions about motorcyclists can harm you.
Your attorney will work hard to get a jury that reviews the case without bias or preconceptions.
How A Skilled Attorney May Overcome Motorcyclist Bias
A skilled motorcycle accident lawyer can overcome motorcyclist bias.
Your attorney may rely on the following information about your case to ensure that the insurance company isn’t biased against you:
- Photos and videos of the accident scene to show that another driver caused it
- Traffic camera or dash cam video showing the accident, if available
- Injury photos
- Testimony from eyewitnesses that state that another party hit you
- Your medical records
- Previous driving history of the liable driver if they have traffic violations
- Accident reconstruction expert testimony
Your personal injury attorney is experienced in insurance negotiations and standing up for the rights of the injured. They’ll ensure that insurance companies respect your rights and do not wrongfully blame you for the motorcycle accident.
What Compensation Can You Get In A Motorcycle Crash Claim?
You can recover compensation for damages after a serious car accident.
The insurance company can try to lowball you because of motorcyclist bias, but your attorney will stand up for your rights:
- Medical expenses: You may receive compensation for current and future medical expenses. They will speak to your medical team to understand the injury severity and prognosis.
- Lost earnings: You should receive payment for lost earnings from the accident date until maximum medical recovery. You can receive more lost earnings if you have a permanent injury.
- Pain and suffering, and emotional anguish: Severe motorcycle crash injuries may cause pain, suffering, and emotional trauma that they should pay you for.
How Most Motorcycle Accidents Happen
Motorcycle bias may lead some people to think that reckless bikers cause most motorcycle crashes. Not true. Generally, motorcycle accidents aren’t caused by the motorcyclist.
Most motorcycle accidents happen because of another driver’s error, such as:
- Speeding: Many auto accidents every year happen because of speeding drivers. A speeding car driver can severely injure a motorcyclist. The crash can cause the biker to fly off and suffer head injuries, spinal damage, broken bones, lacerations, and even death.
- Distracted driving: Distracted drivers have more opportunity than ever to have their eyes on something other than the road. Almost everyone carries a cell phone, and while most states outlaw handheld cell phone use while driving, many break the rules and cause motorcycle accidents.
- Drunk driving: Many car accidents happen because of drunk or drugged driving. Sadly, a motorcyclist may bear the brunt of a drunk driving accident and be severely injured or killed. Drunk drivers lack the coordination and judgment to drive safely, and many may not see motorcyclists at all before the accident.
- Failure to yield: Motorcycles have a smaller and narrower profile than cars. Car drivers may not look for motorcycles in intersections or when turning left. All drivers on public roads have a duty of care to watch for other vehicles and not cause accidents, including motorcycles.
- Dooring: Many states prohibit car drivers from opening their doors when parked in an active traffic lane. A motorcyclist or cyclist can slam into the open door and severely injure or kill them.
- Reckless driving: Tailgating, sudden lane changes, brake checking, and other aggressive driving is always dangerous. But it’s even more hazardous around motorcycles. A motorcycle accident attorney will review your case, including the police report, to discover if police cited the other party for a traffic violation. If so, this fact may make finding the other driver liable for the accident easier.
- Road hazards: Some motorcycle accidents happen because of large potholes, gravel, or various obstructions on the road. Your attorney will review the case to determine if you can blame a government worker or agency for causing the accident.
The Psychology Behind Many Motorcycle Accidents
One of the most common reasons motorcycle accidents occur is when a car turns left in front of an oncoming motorcyclist. Drivers may not see or misjudge the speed and distance of an oncoming motorcycle. Why?
Overall, car drivers are more prone to driver distraction than motorcyclists. Part of the reason is that riding a motorcycle requires complete attention and motorcyclists must keep both hands on the handles at all times.
Also, many car drivers tend to overestimate their abilities. Psychologists refer to this phenomenon as the mere exposure effect, meaning that people assume that doing something every day means they do it well.
Thus, an impaired driver who drives often may think they are better at driving than they are. This belief can make the car driver overconfident and make them not look carefully for smaller vehicles, such as motorcycles.
What Is a Motorcycle Crash Worth?
Every motorcycle accident differs because people and injuries differ. Nobody can say upfront what your claim is worth. However, skilled motorcycle accident attorneys can make reasonable case value estimates by considering:
Severity Of Injuries
Motorcycle accident injuries often kill their victims.
About 80 percent of motorcycle crashes result in serious injury or death. People with significant injuries - brain injuries, spinal cord damage, etc. - will have a higher case value than someone with a less severe injury. Serious injuries have years of impact and can lead to permanent disability, which increases the case’s value.
Motorcyclist Bias
As noted earlier, motorcyclist bias by the insurance company or jury can negatively affect your claim. An experienced motorcycle accident lawyer knows that the insurance company can use the fact you were on a motorcycle against you.
They can offer a settlement for a fraction of what you deserve, but your attorney will aggressively counter any low offer and demand the most for your injuries.
If necessary, the attorney also has the skill and experience to convince a biased jury that another party caused your accident and that you rode responsibly.
Lost Earnings
Your lost earnings also influence what the case is worth. A minor injury can result in a few weeks or months of lost earnings. However, a severe head injury can permanently disable you, which can entitle you to lost earning capacity compensation. This fact would increase the value of your claim significantly.
Lost earning capacity compensation can escalate if you have a higher education and salary before the injury.
Pain And Suffering
Motorcycles expose riders to devastating crash forces and may suffer severe, painful injuries.
For instance, a crash can eject you from your bike, slamming you into the car and onto the ground. Excruciating, shattered bones can take years to heal. You deserve fair compensation for severe pain and suffering.
Available Insurance
Unfortunately, some serious injury claims result in less compensation for the injured because of insufficient insurance coverage. Drivers in many states only must have $30,000 in auto insurance coverage. That can limit the damages you can recover.
Contact an Experienced Motorcycle Accident Attorney Now
A severe motorcycle accident injury can devastate your life. The situation can worsen if you deal with insurance company bias against motorcyclists.
A motorcycle accident attorney can help you receive the most compensation for your losses. They will also fight to ensure you receive fair treatment from the insurance company.
Contact an experienced personal injury lawyer in your area for more information.