Let’s face it. Bikers get a bad rap. Yes, there are biker gangs, and sometimes they are involved in not-so-friendly activities. However, the vast majority of Oregon’s 110,000 registered motorcycles are not part of any biker gang.
Still, there is an inherent bias against motorcyclists in accident claims. The truth is that just because you ride a motorcycle doesn’t make you a reckless driver.
Quite the opposite.
Most motorcyclists are more cautious than other drivers because they don’t have the protection afforded by the steel frame of a vehicle. When a motorcycle accident occurs, it can be especially devastating for the rider. Getting support from an experienced motorcycle accident lawyer can bolster the pursuit of compensation.
The Reality of Biker Bias in Insurance Investigations
When a motorcyclist is involved in an accident, there is an inherent bias given the nature of the ride. These biases are baked in on many levels. Consider the following:
- Automobile Driver Sympathy: As mentioned, there are approximately 110,000 motorcyclists in Oregon, compared with 3.3 million licensed drivers. That increases the likelihood that your insurance adjuster, juror, or judge will be a car driver and tend to evaluate accident scenarios from the perspective of a car driver.
- Automatic Speeding Assumptions: The bias against motorcyclists often leads to the assumption that they were speeding or weaving in and out of traffic, even when physical evidence, such as surveillance or dashcam footage, proves otherwise.
- Visibility Claims: When a driver turns left into a rider, they often claim they “didn’t see the biker coming.” That assertion can allow insurance companies to shift blame onto the motorcyclist for possibly speeding.
How Implicit Bias Affects Comparative Negligence Findings
Oregon follows a contributory negligence doctrine. That allows you to recover compensation in an accident, but at a reduced percentage, provided your share of the blame is 50% or less. The bias against motorcyclists can play into how an insurance carrier might shift some of that blame to reduce its payout.
Insurance adjusters will begin their investigations with a baked-in bias against motorcyclists.
They’ll look for any evidence that proves the rider was exceeding the speed limit or weaving in and out of the lane.
Oregon law does not allow lane splitting. That is when a motorcyclist rides between rows of stopped or moving vehicles. In Oregon, motorcyclists are required to occupy a single full lane. An adjuster might assume the rider was lane-splitting.
Neutralizing Negative Stereotypes With Concrete Evidence
The best approach for neutralizing negative stereotypes is to disprove them with concrete evidence. That evidence can come from many sources. Not all of that evidence will be readily available, but a skilled attorney can help track it down and secure the evidence before it is deleted or goes missing.
Here’s the evidence your attorney can help collect:
- Dashcam footage
- Traffic surveillance video
- Videos and photos
- Independent witness
- GoPro footage from a motorcyclist
Your attorney might also recommend securing the services of an accident reconstructionist who can use the available evidence to create video or graphic recreations of the accident.
That can prove who was responsible for the accident.
Finding the Right Support for a Motorcycle Accident Claim
Every driver and motorcyclist owes a duty of care to everyone they share the roads with. When that duty is breached because of negligent driving, the victim is entitled to seek compensation. That is when the attorneys at Dozier Law Group can be a major support.
We’ve supported many motorcyclists who have been injured because of reckless driving.
We understand how bias can impact who gets blamed for the accident. We’ll always default to the evidence that clearly proves what happened. Our mission is to support our clients with our decades of combined experience negotiating with insurance carriers and presenting strong cases to juries.
Reach out today to schedule a free consultation. Let us help you overcome the bias and get what you’re entitled to.