While riding a motorcycle can be a fun and rewarding activity, it can also
be extremely dangerous. When a motorcyclist is involved in an accident,
serious injury is likely to occur. In fact, the National Highway Traffic
Safety Administration (NHTSA) estimates that compared to those in cars,
motorcyclists are 35 times as likely to die in an accident and five times
as likely to be injured. In addition to the potential for injury, when
victims go to seek damages for accidents, juries may be more likely to
assign blame to the motorcyclist. By understanding how a jury thinks and
selecting the right legal team, it is possible to overcome jury bias and
secure needed compensation.
Combatting Jury Bias - Negative Stereotypes of Motorcycle Riders
Jury members are selected from the community and statistically, the majority
of jurors will own and drive a car. This is a principle reason as to why
they may be more sympathetic and more likely to relate to the position
of the car driver. Motorcyclists are also stereotyped as thrill-seeking
daredevils whose reckless driving is bound to cause accidents. From the
start, those injured in
motorcycle accidents will be fighting an uphill battle to claim restitution. In order to be
successful in a claim, the unfair assumptions made by jurors must be directly combated.
The most common myths about motorcycle drivers include that they are always
speeding and that they are driven by youngsters who don’t appreciate
the potential danger involved. In reality, most motorcyclists are just
like other drivers. They operate their vehicles with a duty of care to
the other drivers of the road and obey traffic laws. Many drivers are
surprised to learn that according to the NHTSA, the age of motorcyclist
fatality is nearly split between age groups, with those older than 40
accounting for 54% of all deaths.
There are also numerous factors specific to motorcycles of which a jury
may not be aware.
- For example, the small build of motorcycles can greatly hinder their presence
and visibility while on the road.
- Their size can distort other driver’s perception of the speed a motorcycle
is traveling as well as its distance from other cars.
While these factors greatly increase the risk of accidents, it can also
lead car drivers to assign blame for accidents to a motorcyclist.
Combating jury bias starts with selecting the right attorney. When choosing
legal advocacy it is vital to secure a lawyer with a proven track record
of securing settlements in motorcycle claims. A lawyer can educate the
jury and help to dispel myths and prejudices against motorcyclists so
that they may judge a case fairly and accurately. Additionally, insurance
companies are more likely to treat motorcycle claims fairly and pay adequate
monetary compensation to victims when the companies are aware that an
attorney has become involved.
Kingston Motorcycle Accident Attorneys
If you have been injured in a motorcycle accident due to the negligent
actions of another driver, Mainetti, Mainetti & O'Connor, P.C.,
can help you to seek legal compensation. Our
Kingston personal injury attorneys have an in-depth knowledge of the laws and regulations specific to motorcycle
accidents and have won millions of dollars in settlements for our past
clients. When you need hard-hitting legal representation, our firm can
bring nearly 150+ years of combined experience to your case.
We don’t see a dime unless we win your case. Call (845) 340-4878 and
schedule a free consultation.