Biker vs. SUV: How Bias Against Motorcyclists Can Hurt Your Injury Case

Motorcyclists are common on the roads, but often get a bad reputation. People see motorcycle riders as reckless, involved in criminal activity, and more. While this may be the case for a few outliers, the vast majority of motorcyclists are responsible drivers. This bias can be seen on the news, but it also lies with many others, including insurance providers.

If you’re injured in a motorcycle accident involving a passenger vehicle, the chances of this bias affecting your personal injury claim are high. History has shown that juries tend to rule in favor of passenger vehicles over motorcycles and insurance companies are known to underpay settlements to motorcyclists.

So what happens if you were injured in an accident that was not your fault? How can you avoid this bias to ensure you get the compensation you deserve? First and foremost, reach out to a Las Vegas motorcycle accident lawyer to make sure your rights are protected and the necessary evidence is discovered and presented. In addition, the following can give you more information that might help your case.

The Reality Of Bias Against Motorcyclists In Las Vegas

While the majority of motorcycle riders drive responsibly on the roads, the reckless drivers are the ones who stand out and are remembered. This gives motorcyclists, in general, a bad reputation which can have a serious impact on how motorcycle accidents are viewed in the media, with law enforcement, and in the opinion of the public.

The stereotypes, while unfair to the majority, include the fact that riders drive recklessly and irresponsibly; that they are risk-takers and thrill seekers. Some even make the assumption that motorcyclists tend to be lawbreakers, aggressive, intimidating, and rebellious. This bias exists everywhere, from Maine to California and does not exclude the beautiful city of Las Vegas.

Steps You can Take to Protect Yourself from Motorcycle Bias

While this bias against motorcycle riders exists, your Las Vegas personal injury lawyer will tell you there are several steps you can take to mitigate the bias should you experience an accident. Some helpful steps you can take to prevent bias, especially after an accident include:

• Ride defensively and follow all traffic laws.
• Wear the proper safety gear such as a DOT-approved helmet, protective clothing, gloves, and reflective gear.
• Use a helmet camera or dashcam to help disprove false claims.
• Keep your motorcycle in top condition, especially brakes, lights, and tires.
• Stay aware of your surroundings and assume SUVs and large vehicles don’t see you.

How Bias Impacts Your Las Vegas Personal Injury Case

Unfortunately, if you are in an accident while driving a motorcycle, you will have to fight extra hard to prove that you were not at fault. When the accident first occurs, a police report will be created. In many cases, law enforcement unconsciously make assumptions about how motorcyclists were driving even if they did not witness this behavior. A biased police report can influence the entire case, making it challenging for the motorcyclists to prove their case later on.

Not only that, but insurance companies often operate under the assumption that a motorcycle is risky and offer lower settlements as a result. The argument might be made that the motorcyclists “assumed the risk” by choosing to ride a motorcycle. If your case goes to trial and is overseen by jurors, you could experience motorcycle bias from jurors who have never experienced riding on a motorcycle before.

In all of these cases, even if you are clearly not at fault, you could still end up with a settlement that does not cover your injuries fully. However, with the help of a skilled Las Vegas motorcycle accident lawyer, your rights will be protected and you may be able to protect against this bias.

Overcoming Bias In Your Nevada Motorcycle Injury Case

Overcoming bias in a motorcycle injury case can be challenging, but is important if you want fair treatment and compensation. The following are some strategies you can use to ensure the best possible outcome in your case:

• Hire an experienced Las Vegas personal injury lawyer: Your lawyer can gather strong evidence, negotiate on your behalf, and advocate for your rights in court.
• Collect strong evidence right away: This evidence will be crucial in proving that you were not at fault. Use video evidence from your helmet cam if you have one. Take pictures of the accident scene, and take witness statements from those that saw what happened.
• Challenge police reports: Your lawyer can request corrections by sending in additional evidence.
• Use expert witness: These witnesses will be able to analyze information and data to prove the true cause of the accident or they can testify about how severe your injuries were.
• Show evidence of safe riding habits: Keep a clean driving record, wear full protective gear, and follow all traffic laws.
• Inform the jury: If your case goes to trial, your lawyer can educate the jury on how riding a motorcycle is different from driving a car, giving them a deeper understanding and possibly more empathy.
• Seek immediate and ongoing medical treatment: You should make sure to seek medical treatment right away or your insurance might suggest your injuries were not severe enough for a significant settlement. Make sure you keep records of all your visits.

Do Not Let Bias Against Motorcycles Reduce Your Settlement

At Benson & Bingham, we have been fighting for our client’s rights and fair compensation for over 25 years. We know how bias works when it comes to motorcycle riders and are committed to proving you were not at fault so you can receive the maximum amount of compensation for your injuries.
Do not face insurance providers alone, get the help you need by contacting our injury attorneys and start on your journey towards recovery.