Understanding the Concept of “Motorcycle Bias” in Accident Claims

Insurance companies and defense lawyers often try to pay less money if you are in a motorcycle accident than if you are in a car accident. They may argue that most jury members don’t ride motorcycles; they drive or ride as a passenger in a car. They’ll argue that jury members are more likely to find that a motorcycle rider is partially at fault for a motorcycle accident with a car or that they even deserve less money because motorcycle riding is inherently dangerous.

What does “motorcycle bias” mean?

Motorcycle bias refers to the belief that motorcycle riders are not looked upon as favorably as people in cars and other larger vehicles. This bias comes, in part, from the representation of motorcycle riders in TV series and films. The portrayal of motorcycle riders in the media includes a “bad boy” image. In other words, motorcycle riders are “rebels,” like the old movie star, James Dean. In some portrayals, motorcycle riders are part of groups of riders who like loud noises, wear leather jackets, and act tough.

It’s important to understand this prejudice against motorcycle riding when negotiating your motorcycle accident claim or trying your case in court. Experienced motorcycle accident lawyers will address the bias if they think it’s necessary. They’ll focus on how their client is a good, caring person who prioritizes safety.

What are the different types of motorcycle bias?

Some of the biases against motorcycles focus on the stereotype of the rider. Other biases focus on the motorcycle itself. Some of these biases include the following:

Difficulty seeing the motorcycle

Car and truck drivers often complain that motorcycles are difficult to see because of their smaller size and because of the ease with which motorcycles can shift in and out of traffic. This bias is false. Drivers of larger vehicles have a duty to see every vehicle on the road, including motorcycles, along with pedestrians and bicyclists.

With the use of the car’s mirrors and just looking at the traffic, drivers should be able to see every motorcycle on the road. Many motorcycles also have their headlights on at all times to make them more visible. The loudness of a motorcycle engine is actually a strong way to counter motorcycle bias. If the driver says that he/she couldn’t see you, then the driver should have definitely heard you – and made a point to look for you.

Motorcycles aren’t safe because the riders drive too fast

Car drivers often associate the nimbleness of motorcycles and their loud engines with driving fast. At Kansas City Accident Injury Attorneys, we work to show that when a motorcycle accident happens, the motorcycle rider was driving at the correct speed, and that the car driver was the person who was speeding, violating the Kansas or Missouri traffic laws, or driving in a negligent manner.

Motorcycles aren’t safe because the operators are reckless

Car and truck drivers often falsely assume that motorcycle riders are too willing to take risks. They may draw these false conclusions because motorcycle riders drive two abreast in a lane or ride in groups. While some motorcycle riders weave in and out of traffic or even split lanes with other vehicles, the large majority of motorcycle riders obey the traffic rules and respect the rights of all drivers. This false perception is no different than assuming that the drivers of sports cars always take unnecessary risks.

Motorcycles are inherently unsafe

Many drivers think that because motorcycle accidents often cause more catastrophic injuries or deaths, motorcycle riders are more likely to cause accidents. Yes. Motorcycle accidents often cause more serious injuries and deaths. That’s because motorcycles don’t have the protection of roofs, doors, hoods, and trunks that cars do. This doesn’t mean motorcycle operators are more likely to “cause” an accident — it’s just that the consequences are often more severe.

Safety tips for motorcycle riders

The National Highway Traffic Safety Administration (NHTSA) recommends that motorcycle operators take certain steps to reduce the risk of an accident and its serious consequences. Following these suggestions should help the rider and also fight the motorcycle accident bias that drivers, insurance companies, and juries have. These steps can help show that you were driving safely and taking your duty to fellow drivers seriously:

• Have a valid motorcycle license
• Take approved motorcycle education courses
• Ride in a controlled area to get familiar with your motorcycle
• Check your motorcycle’s equipment before each ride, including the equipment for any passengers
• Wear a motorcycle helmet, even if state law doesn’t mandate that motorcycle operators/passengers wear a helmet
• Obey the state traffic laws
• Never drink and drive

Generally, the best thing any motorcycle rider who is in an accident can do to fight motorcycle bias is to hire an experienced motorcycle accident lawyer. Accomplished motorcycle accident lawyers understand how to identify motorcycle bias and how to counter that bias in negotiations and when presenting cases before juries. At Kansas City Accident Injury Attorneys, we have decades of experience representing motorcycle accident victims.

We understand why motorcycle accidents happen, who is responsible, how much your claim is worth, what injuries you will likely have to receive treatments for, and how to fight for all the compensation you deserve. In one motorcycle accident case, we obtained a $3 million settlement for our client who suffered multiple fractures when a delivery truck driver turned left in front of our client, who was riding his motorcycle.

To discuss your motorcycle accident claim, please call our office or fill out our contact form to schedule a free consultation today. We meet motorcycle accident victims at our main office in Kansas City, MO. We also have offices in Lee’s Summit, Parkville, Blue Springs, and St. Joseph (MO), as well as in Olathe, Kansas City (Victory Hills), and Overland Park (KS).