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Publish Date - July 23, 2021

Author: Arthur Brown

Categories:   Useful Automotive Information   

Prejudice Against Motorcycle Riders Can Affect Injury Claims

Most people assume that riding a motorcycle is inherently dangerous. They believe that motorcycle riders are risk-takers and take their lives into their own hands every time they ride.

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Most people assume that riding a motorcycle is inherently dangerous. They believe that motorcycle riders are risk-takers and take their lives into their own hands every time they ride. The assumptions are due to a small segment of the riding community who are constantly over-speeding, weaving through traffic dangerously, and putting themselves and others in harm's way. However, as a rider, you know that the stereotypes are not valid. You must understand that the greatest threat to your safety is not your dangerous behavior but the carelessness and recklessness of other drivers.

Stay safe by riding within your limits. Also, you can reduce but not eliminate your risk of injury by wearing a helmet and full riding gear. The bias against motorcycle riders and misconception of the risks associated with riding a motorcycle can affect a rider's insurance claims if they get injured on the road. Like most people, insurance claims adjusters tend to assume that riders are at fault for their injuries. Therefore, when seeking financial compensation for a motorcycle accident, you must diligently assert and protect your legal rights.

How to handle insurance companies after a motorcycle accident

You can take essential steps to ensure that you get the compensation you deserve after an accident. They include the following.

1. Proving fault in an accident

After an accident, you need to be able to prove that someone else was at fault even without the issue of rider bias. In legal jargon, it is proving negligence. Most accident claims involve driver mistakes such as following too closely, talking and texting on the wheel, and merging without looking. The types of evidence necessary to prove driver negligence include;

  • Traffic camera, red-light camera, or security camera footage
  • Skid marks, damaged rails, and any other physical evidence at the scene of the accident
  • The location and extent of the damage to your motorcycle and any other vehicles involved in the accident
  • Cell phone records and social media posts
It would help if you investigated the accident's scene to collect most of the evidence types listed above.

2. Challenge assumptions or evidence of rider fault

It can be helpful to collect evidence demonstrating a lack of liability on your behalf. You can use the same types of evidence used to establish fault to establish lack of guilt. For instance, the length of your skid marks and the distance your motorcycle slid can help indicate that you were not speeding when the accident happened.

3. Dealing with issues of contributory negligence

To recover total compensation for your injuries, you must prove that someone else was at fault in the accident. However, to deny your claim, the insurance firm only needs to show that you are at least 51% or more to blame for your injuries. Understand that the most common impediments to compensation are are insurance companies bias and the general public bias toward riders. If the insurer can prove that you were partially at fault, it can reduce your financial recovery in proportion to your percentage of liability. To maximize your compensation, you will need to counter any evidence that you were responsible for causing the collision.

4. Taking your accident case to court

If you need to take your case to court, you will need to be prepared to overcome the anti-rider bias. It would be best if you were prepared to convince the judge or jury to render a verdict based on the facts and not based on the stereotypes about riders. Although it can be a difficult task, hiring an experienced attorney to handle all the aspects of your lawsuit is the best way to guarantee maximum compensation. Make sure that your lawyer is experienced in representing injured motorcyclists in insurance claims and litigation.

How to fight against motorcycle bias

Some people, particularly those who work for insurance companies, may never change their preconceived ideas about motorcycle riders. Even if the insurer has a reasonable opinion about motorcyclists, they may still manage a related claim in a way that seems biased against the rider. Despite the prejudice, you can do things to show you are a responsible rider, making it harder to dispute the validity of your claim.

  • Ensure that you always wear a helmet when riding
  • Get a helmet camera since the footage captured can help prove your innocence.
  • Always ride safely and follow all traffic regulations
  • Seek treatment immediately after the accident to establish a connection between your injuries and the crash.

Accidents are inevitable, and they can be a traumatic experience for the victims. Ensure that you follow the above tips to increase your chance of a favorable settlement. If you decide to proceed with legal action, hire a competent lawyer for timely advice.