Overcoming Outdated Stereotypes Involving Motorcycle Accidents
Whenever you are involved in any sort of vehicle collision, you could suffer debilitating injuries, skyrocketing medical expenses, and significant periods of inability to perform duties at home or in the workplace. However, motorcycle riders injured by negligent drivers face a special kind of challenge. While the popularity of motorcycles has expanded the demographics of riders to include everyone from CEOs of Fortune 500 companies to movie stars, some people cling to outdated notions of the “outlaw rider.” These negative stereotypes can taint jurors, skew the testimony of witnesses, and lead to false assumptions about rider behavior.
Although many attorneys have experience handling vehicle accident cases, effective representation in motorcycle accident cases requires an understanding of “motorcycle bias.” Though this term is not officially recognized, motorcycle accident lawyers often use the phrase to refer to several forms of bias against riders. While there are many forms of motorcycle bias, many people assume that motorcyclists are careless and take unnecessary risks. These assumptions can impact a personal injury claim in many ways, such as:
Witness Bias: Witnesses with a motorcycle bias could overestimate the speed of a motorcycle. Despite a paucity of evidence indicating that motorcycle riders tend to drive faster than passenger car drivers, witnesses with this bias tend to generalize about the reckless behavior of all motorcyclists based on observation of one or two careless riders. Effective legal representation in motorcycle accident claims entail a recognition of such bias so that cross-examination can be used to expose such predispositions.
Juror Bias: Skilled motorcycle accident attorneys will screen for motorcycle bias in members of the jury pool as early as voir dire (jury selection). Potential jury bias can lead to juror’s being predisposed to believe a defendant’s claim that a rider was speeding or proceeded through a red light. Motorcycle accident lawyers rely on exposing and/or diffusing juror bias via advocacy, careful questioning, and even the testimony of experts.
Police/Prosecutor/Judge Bias: Even professionals who we expect to be fair and objective can harbor a bias toward motorcyclists. When bias affects any of professionals who are part of the court process, such as a judge or police officer, the investigation or litigation can be tainted. Experienced motorcycle injury attorneys know what to look for to expose and adapt to such bias.
Attorneys who regularly handle motorcycle collision cases recognize the importance of building a compelling case supported by the best evidence when trying to mitigate the impact of motorcycle bias. While dash cam systems can be pricey, they provide another way to quantify your account of what happened in a motorcycle accident. If you were injured while riding, our motorcycle accident lawyers have the experience to pursue the compensation you may be entitled to under the law.
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If you or a loved one have been injured a motorcycle accident, contact Montlick & Associates, Injury Attorneys, for your free consultation today. Our law firm has been representing those who suffer serious injuries for over 37 years, and our attorneys have recovered billions of dollars for our clients. We Know What It Takes To Win!™
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