Unfortunately, there is a bias against motorcyclists and when it comes to a personal injury settlement this bias can have a negative effect.
Where does this bias come from? It comes from a few sources. Although most motorcyclists are very responsible drivers, there are always the ones that seem to drive too fast, pop wheelies, change lanes dangerously and are generally reckless. Then there is the influence of the media that portrays motorcycle riders as unruly gang members, lawless, carefree and indifferent or antagonistic to society.
These motorcyclists are in the minority! Most motorcyclists are good citizens who drive their motorcycles for the love of the sport. They know the dangers, and how in an accident with a motor vehicle, it will be them who most likely will endure the worse injuries. The majority are safe, conscientious, family-oriented folks.
How bias against a motorcycle rider can affect a personal injury settlement
When injured in a motorcycle accident that was not their fault, motorcyclists have to face the biases -- from motorists, law enforcement officers and insurance adjusters -- to juries, and even judges who frequently wrongly assume the rider was the one who caused the accident. This can result in a dismissal of a personal injury claim, or make it so hard for the rider that he or she just gives us trying to pursue compensation.
In addition, insurance adjusters are very aware of this bias and will try to pressure the injured motorcyclist to accept an offer that is substandard.
How to protect yourself against bias in a personal injury motorcycle accident
Because you will likely have to disprove a number of erroneous facts when trying to get compensation for your damages in a motorcycle accident, hiring a personal injury attorney with expertise in motorcycle accidents is truly necessary.
Hiring a motorcycle accident attorney will allow you peace of mind as they are able to accomplish a great deal for you.
They will institute a complete investigation of the motorcycle accident.
They can hire an expert accident reconstructionist, if necessary, to prove who was at fault.
They can check traffic or security cameras, if any were present at the site of the accident.
They can question witnesses who saw the accident.
They can check cell phone records to see if the negligent party was distracted while driving at the time of the accident.
They can provide evidence of the victim’s safety record.
A reputable and experienced motorcycle accident attorney will fight the bias against motorcycle riders with indisputable evidence. With this evidence, he can inform the insurance adjuster that he is willing to go to trial to prove your case. Once the insurance company understands the commitment to your personal injury claim, they will more than likely want to come to a fair and equitable settlement to avoid going to court.
If you have any questions about this topic or any other questions related to personal injury law, please call us at 920-725-8464, or toll free at 1-800-529-1552. Our personal injury consultations are always free.
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