Motorcyclists love the sense of freedom that accompanies the open road. Further, motorcycles are economical with respect to gas, easy to park compared to cars, and also fun to ride.
Regrettably, motorcycle accidents often result in catastrophic or serious injuries, and many drivers view motorcycle riders as reckless and irresponsible because they choose to ride motorcycles. Further, those who drive cars and other motor vehicles tend to believe that motorcyclists deserve what they get because they perceive riding motorcycles as dangerous.
Consequences of Bias Against Bikers in motorcycle accident cases
in a California motorcycle accident case, anti-biker bias usually starts with car or other motor vehicle drivers who caused the accident, witnesses, and law enforcement. It continues when dealing with the insurance company of the responsible party, and ultimately California jurors if the case goes to trial.
Negative opinions toward bikers can result in:
An Inaccurate police record.
If you are involved in a collision with a car while riding your motorcycle, you are very likely to sustain the brunt of the injuries. If your injuries are so severe that you are not able to speak with the police officer at the scene, the other party may be able to convince the officer that you are at fault.
This might cause an incorrect police report, which can be very damaging to your case.
Police reports are always relevant in prelitigation settlement negotiations, but luckily, in the state of California, a police report is not admissible for any purpose. If a law enforcement officer witnessed the accident, then they can be called as witnesses, but for the most part the police can offer no relevant testimony as to causation with respect to the motorcycle accident unless they actually witnessed the accident.
Unrealistic suckers; the unrepresented motorcycle accident victim:
Insurance adjusters will frequently use the prejudice against motorcyclists to convince them to settle claims for a much lesser amount then the case is worth.
Insurance companies are aware of the court’s negative view toward bikers, and they often utilize this prejudice to justify lowball settlement offers to motorcycle riders who are not yet represented by attorneys.
As a matter of fact if you have had a motorcycle accident in California, and you present to a defendant insurance company attempting to settle your case without an expert motorcycle accident attorney on your side, you will be looked at by the insurance company like you are a sucker, or a mark. The insurance company will intentionally offer you pennies on the dollar, usually just enough to get you to think seriously about accepting it. Don’t, I can’t tell you how many motorcycle riders settle their case for nothing, and then call later to see if they can get out of it. Too late if you have signed a settlement agreement.
But adjusters often provide more realistic settlements before a lawsuit is filed, when they are working with a known expert motorcycle accident lawyer who is willing to fight prejudice against motorcyclists at a personal injury trial. You Need an Attorney who will actually go to trial for you if necessary. Many personal injury lawyers are nothing but settlement mills who will not go to trial, that is a subject for another article.
We expert motorcycle accident attorneys are here for a reason. If the insurance company simply paid out what your case was worth, we would be out of a job. Do not under any circumstances call a defendant insurance company without consulting with us first. We are The Law Office of Norman Gregory Fernandez, nationally recognized motorcycle accident lawyers, we do not just fight for you, we will go to war for you. Attorney Fernandez has been riding motorcycles for over 40 years. Call now for free consultation 800-816-1529.
Bias against motorcycle riders in the courtroom
A biased jury. There are always more automobile drivers than motorcycle riders on juries, and many of these drivers have a grudge against motorcyclists. In case of a collision, they may automatically assume that you were at fault. This bias makes it extremely difficult to find a jury that can set aside their bias and be fair and impartial. There have been many books written about jury selection and there are experts who help with jury selection. In the end you never know what type of a juror you will get, But an experienced lawyer like Thought Law Offices of Norman Gregory Fernandez can fight jury prejudices by instructing prospective jury members that bias against motorcycle riders is unjust, since most motorcyclists comply with the rules of the road. Obviously, arguing for motorcyclists in front of a jury is a very specialized process. General personal injury attorneys, who do not ride motorcycles, are at a big disadvantage in the courtroom when they try to represent motorcycle riders, because they have no first person experience riding a motorcycle on the streets or highways, nor do they understand the bias that motorcycle riders endure.
Receiving fair compensation for your motorcycle accident is hard, but not impossible so long as you have an expert motorcycle attorney from The Law Office of Norman Gregory Fernandez, 800-816-1529, representing you. Attorney Fernandez will fight to get you the compensation you deserve call us now at 800-816-1529, by clicking on the Live Chat button on this site.
By California motorcycle accident attorney Norman Gregory Fernandez, May 31, 2019