Motorcyclists face a number of unique challenges in the aftermath of a crash, including prejudice by both witnesses and insurance companies. A seasoned motorcycle accident attorney can help you fight these unfair stereotypes and secure fair compensation.
For instance, many drivers and insurance adjusters assume that motorcyclists are reckless or engage in illegal maneuvers such as speeding or unsafe lane changes. Experienced attorneys know how to counter this bias through evidence such as traffic camera footage and witness statements. Visit Accident Lawyer Colorado Springs for more information.
Police Reports
Police reports are crucial to a personal injury claim, providing an objective account of the accident from law enforcement. They play a significant role in establishing liability and determining the amount of compensation a victim is owed. However, they can be subject to biases from the people involved in a crash, including first responders and witnesses.
Motorcyclists can encounter a variety of obstacles after a crash, from the physical and emotional trauma to the biases that cause fact finders to question or ignore their accounts. This can lead to unfair settlements or verdicts that deny victims the full amount they deserve.
Often, the initial narrative in a police report can be biased because of preconceived notions about motorcyclists. For example, if a police officer has seen you ride your motorcycle recklessly in the past or if a witness assumes that riders are speeding, these statements can affect the outcome of your case. This is why it’s important to work with a lawyer who has experience handling these cases.
Biases in first responders can also impact the accuracy of a police report. Since motorcyclists may not be able to give their side of the story at the scene, the police report can become a one-sided narrative. In addition, first responders may rely on the driver’s version of events and ignore evidence that contradicts it.
Insurers use police reports to determine fault and assign percentages of responsibility in a collision. Unfortunately, many insurers have a bias against motorcyclists and may assign blame to you for your injuries even if the other driver was more negligent.
Insurers may also try to downplay your injuries and attribute them to preexisting conditions or to other factors that are not related to the accident. An experienced lawyer can build a strong case for you by compiling comprehensive medical records, expert testimony, and other documentation to demonstrate the extent of your damages and link them directly to the crash. They can also help you fight back against any attempts to devalue your claim by the insurance company or its defense attorneys.
Insurance Companies
When a motorcyclist is involved in an accident, insurance companies can act in ways that make it more difficult to secure compensation. This is because they may assume that the motorcyclist contributed to the crash. They could argue that the rider was speeding, weaving through traffic, or engaging in other risky behavior. This can lead to a lower settlement, especially in states with comparative negligence laws that reduce a plaintiff’s compensation by the percentage of fault assigned to them.
Police officers and witnesses might unconsciously believe that riders are risk-taking drivers, which can skew their initial reports of the accident. Even if the accident is clearly not the biker’s fault, it can be difficult to prove that later in court. Injured motorcyclists may also face bias from judges and juries when trying to get fair compensation for their medical expenses, property damage, and pain and suffering.
Insurance companies are businesses focused on their bottom line, which means they have a strong incentive to reduce the amount they pay out in claims. They may stall the investigation of your claim or drag their feet in responding to inquiries to put you under pressure to accept a low settlement offer out of frustration or financial need. They might also scrutinize your riding history to find anything that could be used to deny or reduce your claim.
Often, insurance companies will try to blame you for the accident by saying that your injuries are not as severe as you report or that your preexisting conditions were to blame. An experienced attorney will know how to counter these arguments with comprehensive documentation of your condition and the impact of the accident on your life, including medical records and expert testimony.
Bias against motorcyclists is prevalent, but it is not insurmountable. If you have been injured in a motorcycle accident, it is important to have a knowledgeable lawyer on your side who can help ensure that you receive the maximum compensation possible for your losses. Contact a Las Vegas motorcycle accident lawyer to learn more about protecting your rights and getting the compensation you deserve.
Jury Decisions
While police officers are usually considered unbiased third parties, they can still unconsciously absorb stereotypes from the media and society at large when making an accident report. These biases can then influence the entire case, leaving motorcyclists with a difficult road to recovery.
Insurers can use these biases to deny responsibility, even when evidence proves that the rider was not at fault. For example, they might accuse riders of speeding or weaving through traffic, even if there is no proof. An experienced motorcycle accident attorney can counter these claims with facts like surveillance footage, eyewitness statements, and comprehensive medical records. They can also compile expert testimony to demonstrate that the driver was not paying attention and that the biker was following traffic laws.
Bias against motorcyclists can also affect the amount of compensation awarded by a jury. When a rider is assigned a disproportionate share of liability, it may be challenging to pay for necessary medical expenses and other damages. A knowledgeable attorney can predict how jurors will think and prepare arguments that can counter their assumptions.
A competent lawyer can also help a victim overcome a biased jury by highlighting the extent of their injuries and how they have affected their lives. Studies have shown that jurors award higher verdicts when they understand the full impact of a plaintiff’s injury and the lifelong challenges it will present. Visual aids, such as medical illustrations or videos, can be especially effective in demonstrating the severity of a victim’s injuries.
In addition, an attorney can help a victim fight back against insurers and defense attorneys who attempt to undermine a claim by casting doubt on the rider’s innocence or claiming that the injuries are not directly related to the crash. They can do this by using expert witness testimony and documentation of the damages suffered, including loss of income or consortium, and ensuring that the accident report is accurate and complete.
Injured riders can suffer twice in a motorcycle accident: first from their injuries and then from the prejudices they face in pursuing justice in the court system. However, with the help of an experienced attorney from Floyd Personal Injury Law Group, victims can combat these unfair stereotypes and win the compensation they deserve for their losses.
Medical Records
Motorcycle accidents are devastating, but the victims often face unfair biases from insurance companies and in courtrooms. Insurers have preconceived notions about motorcyclists as thrill-seekers who engage in risky behavior on the road, which can impact how they handle claims and settle injuries. This stereotype, along with the myth that riders wear less protective gear in crashes, may lead them to assign more fault to bikers and lower their settlement offers. Injured bikers need an experienced accident lawyer to fight back against this bias to ensure fair compensation.
Bike accidents can be extremely complex to determine fault, as there are often questions about road conditions and bike mechanics. Additionally, eyewitnesses might be biased against motorcyclists and provide inaccurate testimony that can undermine your case. An experienced attorney can work with expert witnesses to establish a clear picture of what happened in your crash.
An experienced attorney can also help you prove your injuries to an insurer that may have misinterpreted your medical records. This includes obtaining traffic camera footage, witness statements, and expert testimony to establish the severity of your injuries and link them directly to your crash.
A skilled attorney can prepare a strong legal strategy to combat the biases of juries and judges in cases where your case ends up in court. Implicit biases can influence how a jury decides a case, including by assuming that you must be reckless as a motorcyclist if you were in an accident with a car.
Insurance companies may also try to avoid paying out on your claim by blaming you for the accident or alleging that your injuries were caused by preexisting conditions rather than by your crash. A dedicated motorcycle accident lawyer can anticipate these tactics and use data, expert testimony, and detailed medical records to show that your crash was the fault of the other driver. This can help you secure full compensation for your losses.