Motorcyclists are vulnerable to serious injury on the road, due to the lack of steel frames and other automobile safety features. Nonetheless, juries and insurance companies are often reluctant to award motorcyclists the damages they deserve after being in an accident.
Many times this is due to bias. And while this can add a hurdle to your lawsuit, the legal representation you have will make a difference. That’s why you need the Miami motorcycle accident lawyers of Klotzman Property Damage Law.
Unfair Biases Against Motorcycle Accident Victims
A motorcycle accident victim is entitled to seek compensation like anyone else, if another driver was to blame. But actually winning that compensation could be easier said than done. That’s because some jury members and insurance companies cling to outdated biases against motorcyclists.
Your Miami motorcycle accident lawyer could encounter these and other unfair assumptions.
The Motorcyclist Must Be the Negligent Party
Many people falsely connect motorcycles with unruly young people or gang members. This stereotype is reinforced by popular culture and long-standing prejudices. Jurors should never automatically assume the motorcyclist was at fault.
The Motorcyclist Must Have Been Speeding
Even if another driver caused the accident, some people will try to find a way to blame the motorcyclist. We often think of motorcycles as fast vehicles, able to dart in and out of traffic. This causes people to assume that the motorcycle’s speed must have been at least partially to blame for the wreck.
It Was Too Difficult to See the Motorcyclist
It’s true that motorcyclists can be difficult to spot in traffic. However, jury members sometimes use this to excuse the negligent automobile driver’s behavior. Rather than fairly assessing the at-fault driver’s negligence, too many jurors are prepared to give them a pass.
The Motorcyclist Doesn’t Deserve Fair Compensation
For whatever reason, some people simply don’t like motorcyclists. This can cause jurors and insurance adjusters alike to make prejudiced decisions regarding damages. You can see this bias in low-ball settlement offers and paltry damages awards.
How Your Miami Motorcycle Accident Lawyer Will Counter Biases
The truth about motorcyclists is that most of them are responsible citizens who follow traffic laws. They do so because they understand the risk of a serious accident if they break the law. When they’re injured because of another driver’s negligence, they deserve fair and equal treatment from insurance companies and courts.
Bias is difficult but not impossible to overcome. It starts with retaining an experienced Miami motorcycle accident attorney.
Evidence
One way your lawyer will work against such bias is to assemble overwhelming evidence of the at-fault driver’s negligence. That evidence may include:
- Photographs and video recordings of the accident scene
- Photographs of the damage done to your motorcycle
- Diagrams of the accident scene with measurements of distances
- Medical records demonstrating the nature and extent of your injuries
- Accident eyewitness statements
- Expert witness testimony from accident reconstructionists and others
Such evidence makes it more difficult to justify biases and will improve your chances of recovering fair compensation.
Character Witnesses
Another potential strategy your lawyer will use is character witnesses, such as family members, friends, and co-workers. These individuals can help put a human face to the accident – your face. They can also dispel any assumptions about your character and demonstrate what sort of person you really are.
Jury Selection
Finally, your Miami motorcycle attorney will be careful about the jury selection process. The objective will be to weed out any potential jurors who are biased against motorcycles or motorcyclists. Insurance companies often base their settlement offers on how well they think the victim will do at trial.
They, therefore, rely on biased jurors, using this as a reason to keep offers unreasonably low. Knowing that the victim’s lawyer has kept such individuals off the jury makes it more difficult to justify such offers.
Count on Our Dedicated Lawyers to Advocate for You
Our team anticipates all stages of a motorcycle accident lawsuit and works to eliminate biases against victims. If you were involved in a motorcycle wreck, you can’t afford to not have zealous legal counsel behind you.
Turn to the Miami motorcycle crash attorneys of Klotzman Property Damage Law. Reach out to us today to schedule your consultation.
