Evaluating Your Options

Overcoming Bias Against Motorcyclists During An Accident Claim

16 September 2021

Dale Watkins

Some people hold erroneous beliefs about motorcyclists. These beliefs can affect your motorcycle accident claim, especially if a jury tries your case. Below are some ways to overcome some of these biases.

Motorbikes Are Difficult to See

A common complaint against motorcyclists is that they are difficult to see. The complaint comes from the fact that motorbikes are relatively smaller than other vehicles. You might even hear a driver complaining that a motorcycle came out of nowhere after a car-motorcycle collision.

True, motorcycles are small. However, adequate motorists should still see motorbikes on the road, especially if the conditions are clear. Thus, you may overcome this bias by proving that the motorist saw or should have seen you before the crash. Can do this by proving that:

• Visibility was good on the day of the accident
• The terrain in the accident area was relatively flat
• Tall objects or buildings did not block the motorist's view of the motorcyclist

Essentially, you want to show that if the motorist didn't see you, it was because of their mistake and not yours.

Motorcyclists Don't Obey Traffic Rules

Another erroneous belief is that motorcyclists routinely break traffic rules. Those who hold this belief have probably interacted with a few motorcyclist rule breakers and assumed they are representative of the demographic.

Don't struggle to prove that motorcyclists obey traffic rules. Work to prove that you were not breaking any rule on the fateful day of the crash. For example, you can use videos of the accident scene and eyewitness testimony to show that:

• You were riding on the right lane
• You used your turn signals whenever necessary
• You kept a reasonable distance between you and vehicles ahead of you
• You were riding within the speed limit

The onus will be on the motorist to prove that you broke a traffic rule and the violation caused the accident.

Motorcyclists Are Generally Wild

Lastly, motorcycle gangs and popular media depictions of motorcyclists have made some people think that motorcyclists are generally wild and bad. The truth is that motorcyclists are just like other road users: the majority are good riders, while a few negligent riders exist.

Three approaches can help you deal with this bias:

• You can use your riding record to show that you are a safe rider
• You can use character testimony to prove that you are an outstanding community member
• You can use evidence of your injuries and their effect on your life to humanize yourself

Your motorcycle accident lawyer can help you gather the necessary evidence and apply the relevant strategies.

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