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Kansas City Accident Injury Attorneys

How can I overcome the jury’s bias against motorcyclists in court?

While juries are expected to make their decisions based on the facts of the case, the truth is that there is an overwhelming bias against motorcyclists in accident cases. Many drivers dislike bikers, or at the very least, do not trust them, resulting in unfair judgments in motorcycle accident cases.

Prejudice Against Motorcyclists Can Hurt Your Court Case in Several Ways

If you are a biker who has been struck by a car, a jury’s bias against motorcyclists can affect your case dramatically. The worst case scenario—that the jury will automatically find in the defendant’s favor—is certainly a possibility, but usually prejudice works in more subtle (but equally unfair) ways:

  • Presumed liability. Juries will often assume that a motorcyclist is at least partly to blame in a crash, even if there is plenty of evidence against the driver. If the jury thinks you share liability for the motorcycle accident, you will likely have to pay for some (or all) of your injury costs on your own.
  • Lower settlements. Many drivers and their attorneys are aware of the court’s negative opinion of bikers. As a result, attorneys may advise drivers to take their chances in court rather than offer a settlement, since juries are likely to find for the driver. Unfortunately, motorcyclists often play into this trap, accepting lower settlements rather than running the risk of losing in court.
  • Fewer damages. Even if a jury finds in a biker’s favor, the court may be less likely to award large sums to motorcyclists in comparison to drivers of cars with similar injuries.

Hire the Attorney Who Advocates for Fellow Bikers’ Rights

The biggest asset you can have after a bike crash is an attorney who is aware of the unique challenges facing motorcyclists in court. I am an avid biker who knows how to overcome a jury’s bias against motorcyclists and can gather the necessary evidence to make a jury see the case from your perspective. Learn more about protecting your rights in our free book, The Devil's Advocate: A Biker's Guide to Accidents & Injuries, or call us today at (888) 348-2616 to speak to an attorney.

James Roswold
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James Roswold is a Kansas & Missouri personal injury, workers comp, and medical malpractice attorney.

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