As a motorcycle rider, you know you take a higher risk on the road than other drivers. However, many motorcyclists don’t realize if they’re in an accident, the insurance company may be biased against them. It’s common for people to think that a motorcyclist must have done something reckless to cause the accident.
There is an effective way to combat insurance company bias, though. A motorcycle accident attorney can represent you and ensure the at-fault party is blamed so you can receive the most compensation. Your attorney will also inform you of your legal rights and assemble the available evidence to prove negligence.
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What Is Motorcyclist Bias?
Motorcyclists sometimes face obstacles to receiving just compensation for their medical bills, lost income, and pain and suffering after an accident. In many cases, the insurance company will work to pin the blame on the motorcyclist so it can avoid liability. Some of the most frequent reasons that insurance companies deny motorcycle accident claims are:
They Blame The Motorcyclist For The Crash
It’s common for motorcyclists to be accused of engaging in dangerous behavior that causes accidents. Although there may not be any evidence to support the argument, the insurance company may still assume this because ‘everyone knows that motorcyclists are reckless,’ the thinking goes.
However, the auto insurance company must consider all the evidence to determine negligence in the accident. Your motorcycle accident lawyer will use the evidence to prove who caused the accident. You may make a huge mistake if you don’t hire an attorney and assume the insurance company will blame the other driver. Your attorney will use some or all of the available evidence below to prove who caused the crash:
- Photos and videos taken at the scene by you or witnesses
- Police reports
- Surveillance video, if available
- Physical evidence, including vehicle damage and tire marks
- Eyewitness testimony
- Evidence offered by accident reconstruction experts
Your motorcycle accident attorney will review the evidence and build the most robust case so the insurance company can’t hold you responsible for a crash you didn’t cause.
Motorcyclist Stereotypes
Motorcyclists often face unfair stereotypes as dangers on the road because they ride motorcycles. Many drivers have seen some motorcyclists who engage in dangerous behavior, but they’re a minority. There are also regular car drivers who drive recklessly, but people don’t assume that everyone drives that way.
Many insurance adjusters carry this bias, assuming that a motorcyclist in a crash must have done something dangerous. This motorcyclist bias can put you at a considerable disadvantage when attempting to obtain fair compensation for your injuries. The adjuster may also think a jury may carry the same motorcyclist bias, so they may try to offer you less than you deserve. Sometimes, the bias against motorcyclists can be so egregious that your attorney might file a bad-faith lawsuit.
Getting inadequate compensation after a motorcycle accident can be especially problematic because motorcycle accident injuries can be devastating. If you have head trauma, spine injuries, internal injuries, or broken bones, you can need a large amount of compensation for the best recovery. Sometimes, the injury victim is permanently disabled and cannot work, so the compensation in the motorcycle accident claim can be all they have to maintain their standard of living for life.
Lack Of Helmet
Some states have a helmet law, but not all do. If you were not wearing a helmet, the insurance company may argue that your injuries are worse because of your negligence. However, just because you didn’t wear a helmet doesn’t mean that fact alone is why you are hurt. You still can be entitled to compensation for your medical bills, lost income, and pain and suffering.
Past Accidents
Were you in a previous motorcycle accident? The insurance company will know it and may try to shift some blame for the current accident onto you. It may claim that you are a dangerous driver, lack experience, or were riding recklessly. However, assuming that one accident is the same as the other is unfair.
How To Safeguard Against Motorcyclist Bias
It’s understood that insurance companies and jurors may be biased at times against motorcyclists. Fortunately, this knowledge means you and your personal injury attorney can take steps to address the issue. Choosing a skilled motorcycle accident attorney with a history of favorable settlements and jury verdicts is your best defense against motorcyclist bias. Here are some ways you and your motorcycle accident lawyer can fight this bias:
Find Strong Evidence
One of the things your auto accident attorney will focus on is finding definitive evidence that you didn’t cause the accident. Every case is different, but your lawyer aims to secure information proving you were not at fault. Some ways that your motorcycle accident attorney may prove fault are:
- Use any photos and videos you have of the accident scene. It’s important, if possible, to obtain visual evidence after the accident. Take pictures and videos of the crash scene, including wide-view shots of the vehicle positions and up-close photos of vehicle damage. If you’re seriously injured, try to have a friend or family member take photos and videos. Having this evidence before first responders move vehicles can be vital to proving liability.
- Speak to witnesses about what they saw. Obtain their contact information so your motorcycle accident attorney can get their sworn statements about what caused the accident.
- Accident recreation tools and professionals may be used to prove that another person caused the crash. Experienced motorcycle accident attorneys have access to these professionals who can testify against the insurance company or court.
- Medical experts can also be called to testify to prove that another party caused your injuries.
The skill and experience of your motorcycle crash lawyer can be the difference in deciding who is blamed for the accident. So, deciding wisely who represents you during insurance settlement negotiations is vital.
Prove Motorcyclist Bias
Your attorney may also need to prove that the insurance company is unfair to you. Your legal team may suspect that the adjuster has a bias against the motorcyclist that is affecting your case.
Bias means the person has a preconceived prejudice against someone. Your attorney may attempt to prove this by showing that the insurance company didn’t treat your case the same as it would if it were a regular car accident. It’s a fact that some insurance companies automatically assume motorcyclists are to blame for their injuries.
How Do You Know There’s Bias Against You?
Proving that the insurance adjuster isn’t being fair to you is difficult. Your attorney will explain what your legal rights are. However, many injury victims don’t understand they are being discriminated against because they don’t have an attorney fighting for them. Warning signs that the insurance company is mistreating you are:
- Your claim is fully denied even when you’re sure the other driver caused it.
- You only receive a small settlement offer when you think it should be much higher.
- The insurance company requests many types of documents for accidents and injuries. The requests seem unusual compared to what someone usually needs to provide after an accident.
- The insurance adjuster’s questions suggest that you have some degree of fault when you didn’t.
- The insurance company ignores you.
- The insurance company pressures you to settle your claim quickly, but you haven’t had time to understand the severity of your injuries.
- The insurance adjuster won’t cover certain parts of your claim, arguing that the policy doesn’t cover that.
How Can Your Motorcycle Accident Attorney Help?
The goal of your motorcycle crash lawyer is to maximize your compensation for medical expenses, lost income, and pain and suffering. There are many ways that the insurance company can create problems with a claim, but your attorney has the skill and experience to help. With your attorney, you have an experienced insurance negotiator who won’t settle your claim for less than you deserve. Remember, a contingency agreement pays your attorney, so they are paid more for a higher settlement. Your attorney will ensure that you are not wrongly blamed for the accident. That way, your compensation isn’t unfairly reduced for no reason.
Other things your attorney may do include:
Prove Fault
The best way to deal with motorcyclist bias is to show conclusively that another party caused the crash. Your personal injury attorney will work tirelessly to prove the four elements of negligence:
- The other driver had a duty of care to you to drive safely and obey the law.
- The other driver violated their duty of care and caused the motorcycle accident.
- The accident led to your accident injuries.
- You have demonstrated damages related to the accident, such as thousands in medical bills and lost work time.
Your attorney is a legal authority on proving negligence, and you can be sure they wouldn’t take your case if they weren’t sure they could do so. Your motorcycle accident attorney will review the evidence during the investigation phase and ensure they can prove fault. They will also know that the insurance company may be biased against you and will consider it.
Handle All Insurance Negotiations
Your attorney won’t just file the insurance claim. They will negotiate on your behalf to maximize your payment. It includes questions about fault, what your losses are worth, and what your future needs will be for medical care and lost income.
Your motorcycle accident attorney also will handle the communications from the insurance company. You won’t have to concern yourself with anything the insurance company says. Your focus can be on your recovery and family during a difficult time.
Prove The Full Extent of Your Losses
Getting maximum compensation after a motorcycle accident is critical because the injuries may be devastating. Imagine being paralyzed after your crash, so you can’t work. The medical bills pile up that you can’t pay, and your doctors may be reluctant to offer treatment that you can’t pay for. You can’t work, and the insurance company is trying to short-change you.
Your motorcycle accident attorney will prove the full extent of your damages, potentially including:
- Documentation of all medical expenses
- Statements from your doctors about your injuries and prognosis
- Detailed statements about your future medical care needs
- Any documentation of how your personality has changed after the accident
- Witness information that can describe the severity of the accident and the pain you suffered afterward
- Documentation that similar accidents and injuries have received a certain level of compensation
Go To Trial, If Necessary
Most motorcycle accident claims are settled. However, the insurance company will sometimes have difficulty deciding not to offer a fair settlement. The insurance company may think the jury will be biased against you, so it may not have to pay. An experienced motorcycle accident attorney won’t be intimidated and will take the case to court to convince the jury of your side.
Before trial, the judge may order that both sides go to mediation. Mediation is a legal process before a neutral third party, often a retired judge or attorney. The goal is to reach an agreement without the time and expense of a court trial. Your attorney will take the lead during mediation discussions if necessary. If mediation isn’t an option or doesn’t pan out, your attorney will represent you at trial.
Your motorcycle accident attorney also offers a free consultation, where they will carefully review the accident evidence. They’ll tell you if they can or cannot prove that another party’s negligence caused your injuries. That’s why you should always have a personal injury attorney review your motorcycle accident case. There isn’t any obligation or risk to have the legal consultation.
Talk To A Motorcycle Accident Attorney
Were you injured in a motorcycle accident? You should maximize your compensation by hiring a motorcycle accident attorney. Your attorney can prove fault and damages and will ensure that the insurance company isn’t biased against you. Handling the aftermath of a motorcycle accident is challenging. Don’t wait to speak to a motorcycle accident lawyer in your city today for a complimentary consultation.