Every day, motorcycle riders are cut off in traffic or pushed onto the shoulder by drivers unwilling to share the road. Unfortunately, these negative attitudes may extend into the courts after a biker is injured in a crash.
Although the majority of motorcycle accidents are caused by driver negligence, some judges and juries may harbor prejudices against bikers that affect the outcome of their cases. It will take the right evidence—and a savvy attorney—to overcome the bias against motorcyclists in an injury case.
We Have Firsthand Experience of Biker Bias in Crash Cases
As an avid biker and experienced motorcycle injury attorney, Paul Cavonis knows firsthand how insurers attempt to paint motorcycle riders as reckless or irresponsible to avoid paying them for their injuries. We meet the prejudice against riders head-on, gathering evidence to fight the notion that you're to blame just because you travel on two wheels instead of four.
We can fight against biker bias in many ways, including:
- Anticipating the “invisible” defense. Drivers often claim that they “didn’t see” the biker until it was too late, essentially claiming the accident was just a simple mistake. However, “not seeing” a motorcycle isn't a valid defense under the law. Even though bikes have narrower profiles than cars, drivers have a responsibility to look for all types of vehicles and check their blind spots for any potential hazards.
- Taking eyewitness reports. Courts may preemptively place blame on a motorcyclist until there is a substantial amount of evidence against the driver. If you were riding in a group of other bikers, suffered an accident on a busy road, or were struck in a highly-populated area, we can track down witnesses to corroborate your version of the accident.
- Submitting your riding history. A history of safe riding shows the court that you take biking seriously and are mindful of the risks involved. Proof that you were wearing a helmet and proper riding gear at the time of the accident, hold a valid license to ride a motorcycle in Florida, and have attended riding skills refresher courses are all ways to convince a jury that you're a safe rider.
- Reporting the driver’s actions. Drivers can be held liable if there's evidence of their intoxication, distraction by a cellphone, or reckless driving behavior in the moments before collisions.
- Examining the condition of your bike. A wrecked vehicle reveals many details about the causes and effects of a crash. If there was a defective component on your bike that made your injuries worse, we might be able to hold a mechanic or manufacturer partly liable.
- Estimating the full value of your losses. A motorcycle accident can put a rider out of work for weeks, forcing them to undergo multiple surgeries and painful rehabilitation. Some injuries may even cause permanent disability. We can total the costs of past and future medical bills, property damage, and income loss to request an amount to sustain you if you are unable to earn a living.
- Fighting for a fair settlement. A court’s negative opinion of bikers not only makes it harder for you to prove your innocence but can unfairly lower the amount of any settlements or damages you receive. Our attorneys fight for fair treatment by an insurer in settlement negotiations, and won't hesitate to go to trial if it's the right choice for our clients.
At DeLoach, Hofstra & Cavonis, our motorcycle accident attorney is a dedicated advocate for bikers injured or killed in a crash. Let us advise you on your available options and secure the maximum compensation you're owed under the law. Simply fill out the quick contact form on this page to set up a consultation and get answers to your questions.