If you were injured in a motorcycle accident, you could suffer long-term injuries due to the lack of protection your body has from a much larger and heavier car or truck. You are entitled to compensation for your injuries if a negligent driver caused your collision.
However, you may have to fight longer and harder to receive the damages you deserve because of the bias that people—including claims adjusters and juries—have against motorcycle riders. Here’s how this could affect your case.
Common Misconceptions About Motorcycle Riders
It is important to understand the biases that drivers, insurance companies, and juries have against motorcyclists. They include:
- Motorcycles are too small for other motorists to see.
- Motorcycle riders are thrill seekers, risk takers, thugs, and criminals.
- Motorcyclists speed and engage in other reckless driving behaviors, which cause accidents.
- The rider is always at fault for causing a motorcycle collision.
How Prejudice About Motorcycle Riders Could Affect Your Case
There are a number of unique challenges you face when settling a motorcycle accident claim with the insurance company or taking your case to jury trial if they refuse to be reasonable. Hurdles you may encounter include:
- Presumed liability. Because people often assume that motorcyclists are reckless, the insurance adjuster or jury could assume that you were at least partially to blame for your crash. They may decide that you should not receive any compensation under Virginia’s harsh contributory negligence laws.
- Paying you less. The insurance company may offer you less compensation than you are entitled to in your settlement because they know that you may be awarded less money by a jury due to their misconceptions about riders.
- Less damages. If you must have your case decided by a jury, they could award you less damages because of their prejudices against motorcycle riders—even if you prove every element of your case.
How to Combat Bias Against You in Your Case
The best way to fight the misconceptions about motorcycle riders that could reduce your settlement with the negligent driver’s insurance company is to retain an experienced motorcycle accident attorney. At Tavss Fletcher, we understand the potential impact bias against riders can have in your case and are committed to aggressively fighting for all the compensation you deserve. To learn more about how we can help you, call our Norfolk office today to schedule a free consultation.
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