Unfortunately, many people have a negative bias against motorcyclists. When an accident occurs, they are quick to blame the motorcyclist rather than the driver of a motor vehicle. This bias is a very real thing and one that can hurt your motorcycle accident claim, but an experienced San Antonio motorcycle accident lawyer may be able to overcome it.
What Is Motorcycle Bias?
Motorcycle bias perpetuates negative stereotypes about motorcycles, based on associations from Hollywood, TV commercials, or other experiences that portray riders as dangerous criminals. When people, such as insurance adjusters, judges, or jurors, make negative assumptions about motorcyclists, it can negatively impact your claim.
Some of the negative associations with motorcyclists include:
- Motorcyclists are thrill seekers.
- Motorcyclists drive recklessly.
- Motorcyclists speed.
- Motorcyclists drink and drive.
- Motorcyclists are part of a criminal gang.
- Motorcyclists can’t be seen.
- Motorcyclists assume the risk of being injured.
While some of these assumptions may apply to some motorcycle riders, they do not apply to all of them. It’s crucial that fact finders consider your particular situation when determining fault and assessing damages.
How Motorcycle Bias Can Affect Motorcycle Accident Claims
Motorcycle bias can negatively impact your motorcycle accident claim in the following ways:
- Questions of your credibility: Fact finders may believe their preconceived notions about you and question anything that contradicts them. This could include not believing what you say about how the crash occurred.
- Bias in responders: First responders may make assumptions about the crash that make their way onto the accident report. This could result in an inaccurate version of events being part of the official record.
- Bias in witnesses: Likewise, witnesses may think they saw one because they have a preconceived idea about motorcycle riders.
- Insurance adjuster response: Due to this bias, insurance adjusters may deny or devalue your claim.
- Juror effects: Motorcycle bias can taint the jury, making it difficult to recover the compensation you deserve.
What You Can Do to Fight Motorcycle Bias
Fortunately, there are proactive steps that you can personally take to overcome motorcycle bias, including:
- Taking a training class and getting your motorcycle license before riding
- Making a habit of driving safely and obeying all traffic laws so that you won’t have a negative driving history that could be used against you
- Avoiding drinking and driving, texting, or anything else that could pose a danger
- Wearing protective gear, including a helmet, reflective clothing, and eyewear that demonstrates you are safety-conscious
- Wearing a helmet camera in case of an accident
Hiring a San Antonio accident lawyer promptly after a crash can also safeguard your rights.
Call for Help with Your Motorcycle Accident Claim in San Antonio
At George Salinas Injury Lawyers, we support injured motorcyclists and fight hard to overcome bias. We can gather evidence that helps support your version of events, including the crash report, video footage, accident scene photos, objective witness statements, and accident reconstruction reports, consult expert witnesses, and pursue fair compensation based on the particular details of your case. Contact us today to schedule a free consultation to discuss your particular case.