Winning an accident lawsuit is more complicated for motorcycle riders than it is for other motorists. Even when it is obvious they are the victims in the situation, they would have to fight harder to ensure that the final decision of the court is based on facts, not prejudice.
Stereotypes are a common enemy of motorcycle riders. You should contact motorcycle accident attorneys if you’ve sustained injuries.
You would need a highly competent lawyer in this battle against stereotypes in the courtroom.
How Stereotypes Affect Your Chances in Court
Bikers have been painted in a bad light for so many years. Hollywood portrays them as rebels who do not have a cause; news reporters like to feature biker gangs doing dangerous stunts on the roads.
We’ve watched all of these so many times that the notion of bikers being irresponsible road users has seeped into our brains. These are like pre-made opinions people have about motorcyclists, and they can seriously mess with a jury's view of the case. Those images can stick in people's minds and make them think all motorcyclists are the same, even if it's not true.
This bias can be a real problem in court. A study by the University of California, Berkeley, showed that drivers often think motorcycles are going way faster than they actually are. This unconscious prejudice can lead to accidents in the first place and then make it even harder for injured motorcyclists to get a fair judgment from a jury.
Imagine a situation where a responsible rider with a speeding ticket from years ago gets slammed by a car driver texting on their phone.
The biker might have a clear case, but the jury might be hung up on that old ticket because of the stereotype of the "wild biker."
Another common misconception is that motorcyclists who don't wear helmets are somehow asking for trouble. This ignores the fact that helmet laws vary by state, and many responsible riders choose not to wear them based on comfort, especially in hot weather.
More importantly, it completely misses the point. If a car driver runs a red light and T-bones a motorcycle, the fact that the driver had no helmet on should not be the main focus, and it certainly shouldn’t be the reason they do not get fully compensated for the injuries they suffered due to someone else’s recklessness.
Some people might argue that motorcyclists have a higher chance of getting hurt because they're not as protected as car drivers. That's true, but it doesn't mean they're all automatically at fault for accidents.
Fighting Unfair Assumptions in Court
The big question now is: how can bikers fight against these stereotypes in court? Here are some solid tips that can help:
Hire an Experienced Attorney
A lawyer who has experience fighting motorcycle stereotypes for bikers is the one you should hire. They understand the unique challenges riders face and know how to present evidence that counters negative stereotypes.
They can use data on average motorcycle speeds, accident causes, and safety gear effectiveness to talk the jury out of any bias they may be harboring and also get them to focus on the facts of the case.
Highlight Responsible Riding Habits
The best defense against the "reckless biker" stereotype is a squeaky-clean record. If the motorcyclist has a clean driving history, free of speeding tickets or reckless driving citations, it demonstrates a commitment to safe riding. Your lawyer will present all of this evidence to the court to contradict the notion of bikers being carefree fun chasers.
Focus on the Other Driver's Negligence
It doesn’t matter if you were wearing a helmet or not.
The crux of the matter is that you were hurt because the other driver was being reckless; that’s what the jury should focus on.
Your lawyer will go the extra mile to prove the other driver’s negligence.
Jury Selection
An experienced lawyer will work diligently to select jurors who seem unbiased and open-minded. During jury selection, they’ll ask questions about their personal experiences with motorcycles and how open they are to considering all the facts of the case. People who give prejudiced answers will be booted out.
Conclusion
Winning a motorcycle accident lawsuit isn't just about getting financial compensation; it's about getting justice. Stereotypes should never cloud the truth or diminish a rider's right to fair treatment.
With the strategies listed above, you, as a rider, can effectively counter stereotypes and present a compelling case that focuses on the true cause of the accident.
ABOUT THE AUTHOR
Aleksandra Djurdjevic
Senior Content Creator
Aleksandra Djurdjevic is a senior writer and editor, covering motorcycle adventures, biker tips and tricks and general exploring on two wheels. She has previously worked as ESL teacher for English Tochka. Aleksandra graduated from the Comparative Literature department at the Faculty of Philosophy in Serbia. Aleksandra’s love for the biking and adventure, getting out on the open road, year after year across the planet helps her continue to be a top expert at RMJ.
