A comparison of jury verdicts awarding compensation in accident injury cases shows that juries tend to award about 25% less in financial compensation to injured bikers than to injured car occupants having similar claims. Much of the difference seems to result from the general public perception of bikers as reckless risk-takers who neglect their own safety as well as the safety of others.
Unfortunately, that bias does not arise in a vacuum. We’ve all seen super sport bikers weaving at high speed through slower, lumbering larger vehicles. We’ve seen the heedless motorcyclists speeding down dangerous Texas highways unprotected by helmets. We’ve seen motorcyclists tightly cornering at high speeds.
But much of the fault for motorcycle accidents that gets erroneously attributed to the bikers is actually not their fault at all. Two wheels provide less stability then four wheels. Motorcycles derive far greater danger from a bit of loose gravel or an oily patch in the road than car drivers could ever imagine. A little gravel can knock the wheels right out from under the biker through no fault of his own.
And accidents involving cars frequently take the form of the car suddenly turning left in front of an oncoming motorcycle or suddenly pulling out in front of an oncoming bike. The car’s driver invariably claims to not have seen or noticed the oncoming bike. And the biker, who couldn’t possibly stop in time even on a high performance bike, is left with debilitating injuries, if he even survives the wreck. And sometimes a design or manufacturing defect causes the brakes or other equipment to fail. Again, this is no fault of the biker.
Car drivers are trained by experience to look out for vehicles of similar or larger size. So these drivers often don’t perceive the smaller profile of a motorcyclist and his bike until it’s too late. That visual bias meets the multiplier effect of another perceptual bias when the biker takes his injury claim to court. The jury’s inherent perceptions can lead the jurors to believe that the biker contributed his own negligence to the making of the accident when in fact he did not.
Motorcyclists will face bias when they make their accident claims. To have any hope of receiving fair compensation for their accident injuries, motorcyclists need the help of experienced Texas motorcycle accident attorneys who know how to combat this bias and level the playing field for the motorcyclist.
A knowledgeable Texas motorcycle accident attorney can amass favorable data on the motorcyclist’s educational background, family, employment history, and charitable and community activities to thwart this bias before it affects his case outcome. The Texas motorcycle accident attorney can use accident reconstruction specialists to show that the wreck was not the biker’s fault. The key to winning a motorcycle accident claim and just compensation is thorough and thoughtful case preparation by your specialized Texas motorcycle accident attorney.
Call Denena & Points today for your free motorcycle accident consultation. We’re Texas motorcycle accident attorneys with more than 12 years of specialized motorcycle accident claims experience. We have a substantial track record for winning favorable case outcomes for our biker clients. Call today; let us help you fairly win your valid claim.