Are Insurers and Juries Biased Against Motorcyclists?
March 26, 2021
There are many negative stereotypes about motorcycle riders. Many people may look at riders as inherently reckless or dangerous, having little regard for others on the road.
After a crash, insurance companies, police officers and jurors often assume riders are at least partially to blame. They may assume the rider was speeding or acting in a reckless manner.
Below, learn more about so-called motorcycle bias and how it could impact a claim for compensation. If you were injured in a motorcycle crash in Arizona, the Phoenix motorcycle accident lawyers from Phillips Law Group may be able to help you pursue compensation for your damages. We also understand motorcycle bias and are prepared for it.
Defining Motorcycle Bias
Motorcycle bias is not an official term, it is a phrase used to describe a variety of biases people may hold against motorcycle riders. These negative stereotypes are not just wrong, they could make it more difficult for riders to recover compensation after a crash. While compensation is important for any crash victim, motorcycle riders often suffer severe injuries in crashes.
There are many examples of motorcycle bias. Some people may assume motorcyclists bear some amount of fault for a crash, even if the facts say otherwise. This could be based on what they have heard about motorcyclists or assumptions they have made based on seeing a few motorcycle riders driving recklessly.
The assumption that riders may be at fault could simply be because some people do not like motorcyclists. They may think most riders are in gangs or have some sort of criminal history. This could be based on personal experience that they are using to stereotype all riders.
Unfortunately, even the police are not immune to motorcycle bias. When they arrive at the scene of a crash, they may assume a rider is to blame. Insurance companies often display bias against motorcycle riders. Although to be fair, they are always looking for ways to deny or devalue claims, whether the crash involved a car or motorcycle.
Overcoming Motorcycle Bias
You should strongly consider hiring experienced legal representation after a crash. Securing maximum compensation can be very difficult without the help of a licensed attorney, particularly when you factor in motorcycle bias.
You need a strong case to overcome these stereotypes. Facts and evidence can make it very difficult to dispute fault for a crash or the severity of a motorcycle rider’s injuries.
While your past driving history should have no bearing on whether your claim is successful, a clean driving record can go a long way toward disputing the idea you are a reckless rider. Your attorney could also review the driving history of the at-fault driver for a pattern of reckless behavior.
You could buy a helmet camera so if you are ever in a crash, you can use the footage to help validate your claim. If you do not wear a helmet, you should consider wearing one, as it is the responsible thing to do and greatly reduces your risk of a crash. Wearing a helmet also eliminates the possibility of the insurance company claiming you are only injured because you did not wear a helmet.
It is also important to seek treatment right away and watch what you say to the insurance company. They may already be biased against you so you want to avoid saying something they can use. Even if you are partially at fault, this is an issue to review with your attorney. He or she can determine if you may have played a role in the crash and work to try to ensure you are not assigned more fault than you deserve for the crash.
You are not required to accept the first settlement offer the insurance company makes. Despite what they may tell you, there is no risk in talking to a lawyer. At Phillips Law Group, we do not charge any upfront fees for our services. Studies done by the insurance industry have found crash victims who hire legal representation often recover more compared to those who do not.
Injured in a Motorcycle Crash? Call Phillips Law Group
Over nearly 30 years, Phillips Law Group has recovered hundreds of millions in compensation on behalf of Arizona accident victims. This includes a recovery of $7.65 million on behalf of a motorcycle crash victim who was seriously injured.
If you have any questions about the legal process or are having trouble recovering compensation from the insurance company, give us a call today. There are no upfront fees or obligations.
Schedule a free initial consultation. Call 1-800-706-3000 .
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