Motorcycle accident victims face a unique obstacle that car accident victims do not: bias. Insurance companies, juries, and even police officers often harbor unconscious prejudice against motorcyclists, assuming they were riding recklessly or "had it coming." This bias directly impacts settlement amounts and claim outcomes.
Studies by the Motorcycle Safety Foundation show that in 60% of multi-vehicle motorcycle accidents, the other driver was at fault. Yet motorcyclists still receive lower settlements on average due to bias. Attorneys in our network* understand this challenge and know how to overcome it. *Past results do not guarantee future outcomes.
How Bias Manifests in Motorcycle Accident Claims
Insurance adjuster bias: Adjusters often assume motorcyclists were speeding, weaving between lanes, or riding aggressively, even without evidence. They offer lower initial settlements and fight harder against motorcycle claims.
Jury bias: If your case goes to trial, jurors may harbor stereotypes about motorcyclists being thrill-seekers or risk-takers. Studies show that jury awards for motorcycle accidents are 10-20% lower than comparable car accident awards when bias is not addressed.
Police report bias: Officers at the scene may unconsciously blame the motorcyclist, noting the motorcycle speed or behavior more critically than the car driver's actions. These biased reports become part of the claim record.
Helmet bias: In states that do not require helmets, insurance companies aggressively argue that an unhelmeted rider assumed the risk of head injuries, even though not wearing a helmet does not cause accidents.
How an Attorney Combats Motorcycle Bias
A local motorcycle accident attorney uses several strategies to overcome bias. Accident reconstruction experts provide objective analysis of fault, speed, and impact that counters subjective bias. Witness testimony from other drivers, passengers, and bystanders establishes the facts independently.
In jury trials, attorneys use voir dire (jury selection) to identify and remove biased jurors. They educate the remaining jurors about motorcycle safety statistics and the rights of motorcyclists. Expert witnesses testify about the physics of motorcycle accidents and the vulnerability of riders.
Your attorney will also challenge biased police reports by obtaining dashcam footage, surveillance video, and cell phone records from the other driver. In many cases, the other driver was distracted, failed to check mirrors, or made an illegal turn -- evidence that overcomes any initial bias.
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Steps to Protect Your Motorcycle Accident Claim
Wear a helmet and protective gear. Even in states where helmets are not required, wearing one eliminates the helmet defense entirely and shows responsibility.
Document everything at the scene: photos, witness contact information, and your own account of what happened. Do not admit fault or apologize at the scene.
Seek immediate medical attention. Delayed treatment gives insurers ammunition to argue your injuries are not serious or not caused by the accident.
Hire an attorney with specific motorcycle accident experience. General personal injury attorneys may not know how to counter motorcycle bias effectively. Motorcycle-specific attorneys have the expertise and track record that insurance companies respect.
Fight Back Against Motorcycle Bias
Do not let bias reduce the compensation you deserve. A local motorcycle accident attorney in our network* will fight aggressively for your rights.
Call (267) 212-1034 for a free consultation. No fees unless you win.
*Past results do not guarantee future outcomes.
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or text us — we reply in minutesFrequently Asked Questions
Yes, extensive research confirms that motorcyclists face bias from insurance companies, juries, and even law enforcement. Studies show that motorcyclists receive lower settlements and less favorable jury verdicts than car accident victims with comparable injuries, even when the motorcyclist was not at fault.
In most states, yes. Not wearing a helmet is not evidence of causing an accident. However, in some states, the insurance company can argue that your head injuries would have been less severe with a helmet, potentially reducing the portion of your settlement attributable to head injuries. An attorney can minimize this impact.
Motorcycle accidents often result in more severe injuries due to the rider's exposure, which can lead to higher medical costs and settlements. However, motorcycle bias can suppress settlements below their true value. With a local attorney, motorcycle accident settlements can be substantial -- averaging $75,000 to $200,000 for moderate injuries.
Police reports are not the final word on fault. Your attorney can challenge a biased police report with independent evidence such as dashcam footage, surveillance cameras, witness testimony, accident reconstruction, and cell phone records showing the other driver was distracted.
Lane splitting is legal only in California and a few other states. If you were lane splitting legally, it should not negatively affect your claim. If lane splitting is illegal in your state, it could be used to assign partial fault, reducing your settlement under comparative negligence rules.
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(267) 212-1034*Past results do not guarantee future outcomes.