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.
Have You Been Injured In A Motorcycle Accident?
If you've been injured in a motorcycle accident you need to speak with an experienced motorcycle accident attorney as soon as possible. Please contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.
You can also order your FREE copy of our book, "KC Biker Bible."