It is no secret that motorcycle riders have to put up with a tremendous amount of criticism and prejudice, from both car drivers and pedestrians. More often than not, that criticism and prejudice is baseless and purely unfair.
Not to mention that for a motorcyclist who has been in a motor vehicle collision, convincing insurance companies and jurors and proving his or her innocence requires quite some effort.
“In that regard, winning a motorcycle accident case is much more difficult than obtaining compensation after a car accident – that, of course, if you are the motorcyclist,” says our San Diego motorcycle accident attorney from the Law Office of Edward J. Babbitt, APC.
Not all motorcycle riders are reckless troublemakers
Without proper legal representation, recovering damages after a motorcycle crash in San Diego or elsewhere in California is never simple, regardless of how obvious the other party’s fault is.
Unfortunately, the vast majority of Americans believe that if you are a motorcyclist, you are a reckless troublemaker who disregards moral and ethical norms and could not care less about traffic rules. Just because you wear leather when riding a bike, you do not automatically become the reckless Jax Teller from Sons of Anarchy (in fact, leather does not only make you appear ‘badass’, but also makes the unparalleled material for injury protection).
Biased jurors and judges in California
Do not get me wrong, there are many motorcycle riders who are pure daredevils. They do not follow traffic rules. They run red lights, they do not yield the right of way, and they speed like crazy. But painting all motorcyclists with the same brush is plain wrong.
Unfortunately, the actions of only a small percentage of motorcyclists give other, law-abiding motorcyclists a bad reputation, and gives them a hard time when it comes to recovering compensation in motor vehicle collisions in California.
Statistics show that only an experienced motorcycle accident attorney in San Diego or elsewhere in California is able to eliminate the root of prejudice in the courtroom by weeding out prejudiced and biased jurors during the jury selection process. A lawyer is the only person who can make the judge and jurors look at motorcyclists from a different perspective. Most jurors and judges are car drivers themselves, and car drivers are known to be fans of the “roads would be safer without motorcycles” theory, which is why bias and prejudice are so commonly encountered by motorcycle accident attorneys in California.
Beware of prejudiced insurance companies in motorcycle accident cases
Another huge problem that makes it so difficult to obtain compensation after a motorcycle accident is that most insurance companies and jurors have no idea how motorcycles work. In fact, many of them tend to forget that being a motorcycle rider is much more dangerous than sitting behind the wheel of a passenger car, which protects the driver and passengers with sturdy layers of metal and steel.
“As a rule of thumb, injuries after a motorcycle accident are much more severe compared to car accidents, which should be reflected in the personal injury settlement,” advises our San Diego motorcycle accident attorney.
Unfortunately, it is the other way around. Insurance companies are well aware of the prejudice and biases against motorcyclists in California, which is why they tend to offer low-ball settlements to injured motorcyclists. Regardless of how awful your situation is, do not accept a settlement offer or sign off on any agreement offered by insurance companies if you have not consulted with a lawyer.
Let our attorneys from the Law Office of Edward J. Babbitt, APC, evaluate your particular case, and provide you with a free consultation. Call our offices at 619.543.1789 or fill out this contact form today.