Jury and Insurance Adjuster Bias in Motorcycle Accident Litigation
Motorcycle riders often face bias when pursuing litigation in regard to their accident. The general public has been led to believe that motorcyclists, in general, are reckless, wild people who are always heavy on the throttle and a menace to fellow users of the road. As a result, defense attorneys and insurance adjusters will do whatever they can to prey on this bias and compel a jury to believe that the injured motorcyclist was to blame for the accident that injured him or her. Basically, seasoned insurance adjusters will try and employ this stereotype and shift blame to the victim. And, like it or not, this is actually a sound strategy, because if an adjuster or defense lawyer can make a compelling enough argument and sway a judge or jury to the side of the defense, the insurance company will save a very significant amount of money.
It is an unfortunate fact of life in litigation regarding insurance that, no matter how severely a cyclist has been injured in a wreck, the adjuster will do whatever he or she can to make sure that the victim’s claim is denied. The worse a victim is injured, the higher the potential compensation that victim can obtain, and the more the insurance company’s bottom line will be damaged. This is a key reason why motorcycle accident victims simply have to consult with a motorcycle accident lawyer before trying to go it alone and representing themselves. There is simply too much to lose in restitution that can be used to pay off present and future medical expenses, take care of property damage costs, make up for lost wages, and cover pain and suffering. If you decide to be your own legal representation or to rely on the help of an inexperienced lawyer, you could be making the worst decision of your life. If you lose, and it’s almost a guarantee that you will, you will be responsible for all of those expenses. That could ultimately lead to your financial ruin. The motorcycle accident attorneys with our law firm know how to defeat the defense’s attempts at using bias against injury victims and deal with any other tricks the opposition may use in an attempt to deny you the just compensation you have coming to you.
Our seasoned attorneys are well aware of the fact that the vast majority of motorcycle riders are extremely safe, and follow the rules of the road. A lot of them simply enjoy riding their hog on a sunny day, and thousands flock to each year for the ROT Rally. For thousands of more Texans, a motorcycle is more than a weekend pleasure; it’s a cost-effective way to get around, and their primary means of transportation. So the last thing they want to do is operate it in a reckless manner. Most motorcyclists consider not only their safety but also the safety of others around them when operating their bikes. But it is not enough to state simply that a rider involved in an accident is a safe driver. That won’t be sufficient to convince a judge or jury that the biker was not to blame for his or her accident. That biker will have to produce compelling evidence from the scene of the accident, and that evidence has to be gathered in a manner that is can be admitted into court. With this evidence, used in conjunction with the testimony of eyewitnesses (and expert testimony, if necessary), a skilled and seasoned attorney can help you successfully bear that burden of proof and establish for the court that the negligent party was responsible for your motorcycle accident. If you cannot produce that evidence, you will have nothing but empty words, and you will leave that courtroom with nothing. Again, the stereotype of the reckless motorcyclist is pervasive in society and likely pervasive among the jury as well. You need rock-solid evidence in order to refute that stereotype and have a chance to win your case.