How to Avoid Bias in Your Motorcycle Accident Case

For riders, motorcycles represent freedom, enjoyment, and the ability to hit the open road in a thrilling and exhilarating machine. For many other motorists, motorcycles are obnoxious, reckless, and ridden by maniac daredevils who merely want to hang out in blind spots, weave through traffic and make life difficult while on the roads. Or at least, that’s what their opinion of motorcyclists is, and it’s this opinion that makes motorcycle injury cases so difficult.

Motorcycle accidents are fraught with bias on the part of jury members, and that means getting a fair trial where everyone who decides your case will have a fair and open mind as to your arguments can be a tall task. This is ultimately why most unsuccessful lawsuits in motorcycle accidents fail: a biased jury refused to believe that the motorcyclist could be free from fault in an accident, and thus they refused to vote otherwise. How do you make sure this isn’t present in your own case? Simple: you need a Billings motorcycle accident attorney on your side who’s familiar with jury bias and can combat it in the early stages of your case. Let’s take a look at how.

Overcoming Negative Stereotypes

Most jury members are going to own a car, not a motorcycle. Cars vastly outnumber their two-wheeled counterparts, and this is the reason why most juries tend to sympathize with the car owner over the motorcycle rider. To top it off, most motorists don’t even think twice about positive interactions they may have with a motorcycle rider, but they’ll usually clearly remember any negative interactions. Unfortunately it’s those negative experiences that usually ruin the reputations of riders everywhere.

So therein lies the issue for victims and attorneys: how do you overcome a predisposition towards thinking that an injured motorcyclist wasn’t acting like the one they can so clearly remember? The process starts with jury selection; your attorney will likely ask each prospective juror about their opinions and experiences regarding motorcyclists, and dismiss any jurors who they believe won’t give them a fair, unbiased trial right from the start. This can take some time.

Second, you and your attorney must work diligently to effectively disprove the idea that you conform to the reputation of these dangerous, law-ignoring riders. While the overwhelming majority of riders are exactly like a normal motorist (following the laws, riding safely, wearing the proper equipment, being courteous on the road, etc.), it will take some time to show that not only is this the standard you ride by, but the standard you were riding by at the time the accident occurred.

You’ll need evidence in the form of witness testimony, previous riding history (including any record of traffic tickets), and many other forms of evidence to show that what you’re saying is true, and while the battle may still be difficult, there’s absolutely no point at which it becomes not worth it to pursue the compensation you deserve for your injuries.

As your advocates, the renowned team at Odegaard Braukmann Law, LLC can fight for your rights as an injury victim. Call us today at (406) 640-4441 for a free case evaluation.
Categories: