Riding the open road on motorcycles epitomizes America’s deep love and affection for the outdoors and unrestrained lifestyle. Undoubtedly, motorcycle riders are a symbol of what makes America great.
However, American society has a built-in prejudice against motorcyclists. Most people think bikers are reckless and rebellious and have little regard for themselves or anyone around them.
On the contrary, motorcyclists go to extraordinary lengths to avoid accidents since even a low-speed bike collision with a vehicle could be fatal or lead to catastrophic injuries.
A minority of motorcyclists cause trouble, sometimes a lot of trouble, which causes an undue prejudice against the majority. This bias can subtly influence judges and jury members, just as it can the general public.
The negative perception of riders as thrill seekers or daredevils who couldn’t care less about others on the road could hurt the case of a motorcyclist who has suffered an injury due to someone else’s negligence.
Motorcyclists face unique challenges when they seek compensation for accident injuries.
At Bart Bernard Injury Lawyers, our Louisiana motorcycle accident lawyers have years of experience successfully convincing and persuading juries and insurance companies to return fair and just verdicts and settlements in favor of injured motorcyclists. While representing injured bikers, the lawyers at our Louisiana personal injury law firm have encountered additional hurdles compared to other impaired road users to get riders the compensation they deserve.
Insurance Company Bias Against Motorcyclists
Insurance companies are biased against anyone who files claims, but motorcyclists stand out for getting the worst treatment from insurers.
Insurance companies want to pay claimants as little as possible to protect their profits.
A motorcycle offers very little protection to riders in the event of an accident. The injuries tend to be very severe, making the amount that an injured motorcyclist requires to recover significantly larger. The physical and mental impairments from motorcycle accidents can be life-altering. These include Spinal Cord Injuries, Traumatic Brain Injuries (TBIs), amputation, burns, organ failure, broken bones, depression, and anxiety.
When injured motorcyclists file claims, insurers fear they must make significant payments towards settlements.
Opportunistic insurance companies take advantage of society’s negative presumptions about motorcyclists, denying them rightful compensation after an accident. Insurers offer less money than an injured biker deserves, arguing that the rider accepted the risk of getting on a motorcycle, knowing very well that it’s risky. Insurers are also well aware of juries’ adverse views toward bikers, and they often use this to justify lower settlement offers.
Jury Bias Against Motorcyclists
Most drivers hold a grudge against motorcyclists. Ironically, there are always more drivers than motorcyclists on juries. While determining liability for a motorcycle accident, jurors may automatically assume that the motorcyclist was at fault. Often, potential jury members have incomplete, false, or even biased conceptions of motorcycle riding.
If your motorcycle accident case goes to trial, it is critical to recognize and combat any biases and stereotypes that jurors may have. The key to tackling jury bias is to educate jurors by dispelling myths against riders.
At Bart Bernard Injury Lawyers, our lawyers may use pre-trial motions to have the court prohibit reference to issues such as noise, helmet use, tattoos, and affiliations to an organization because they are not probative. Louisiana is a comparative fault law state. Part of your personal injury lawyer’s role is to minimize your percentage of the fault so that you can receive the highest possible compensation.
Bart Bernard Injury Lawyers: Advocating For Fair Treatment of Louisiana Motorcyclists After Accidents
Through thorough case investigation and preparation, Louisiana personal injury lawyer Bart Bernard can put forward factual and legal arguments that empower juries to judge a case fairly and accurately.
Attorney Bart Bernard has the in-depth understanding, experience, and skill of actually riding motorcycles, making him uniquely equipped to deal with a motorcycle accident lawsuit or insurance claim. He is a savvy negotiator and a skilled trial lawyer who takes great pride in being an avid motorcycle enthusiast.
If you have suffered injuries in a motorcycle accident in Louisiana due to someone else’s negligence, you may have an uphill battle to convince the legal system that someone else is at fault.
At Bart Bernard Injury Lawyers, we aim to help motorcycle accident victims all across Louisiana obtain the compensation they need to pay medical bills, pay for future accident-related modifications, and replace their past and future wage loss to rebuild their lives. You can contact us to request a free consultation about your case.
