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How to Overcome Perceptions in Motorcycle Accident Cases

Written by: Steven M. Gursten

Reputation Level 12

Motorcycle Accident Personal Injury

Posted over 2 years ago. Applies to Michigan, 0 helpful votes, 0 comments

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Don’t Let Defense Attorneys Blame the Victim

As some NTSB statistics have shown, far too often a motorcyclist is drunk, speeding or has exercised poor driving judgment when involved in an accident. Yet when dealing with a motorcycle accident lawsuit, many people think all motorcyclists are drunk, speeding, or exercising poor driving judgment…even when some are not and are, in fact totally innocent. Personal injury attorneys handling motorcycle accident cases should expect defense attorneys to blame bikers, even when they are completely innocent, because like it or not, most jurors who do not ride motorcycles have a propensity to blame the motorcyclist. In fact some evaluations of focus groups have shown that mock juries were blaming the motorcycle driver, for no reason other than he was riding on a motorcycle when the crash occurred. This unfair perception many people have of all motorcyclists (even one who is a safe and experienced operator) makes these cases challenging.

What Can Motorcycle Lawyers Do?

Here are some important trial themes developed to prevent defense lawyers from unfairly blaming motorcyclists: * The rules of the road apply to motorcyclists just as they would to anyone else on the road. * Motorcycle riders are entitled to same protections as any other person or vehicle on the road. * A car or truck driver has to see what is there to be seen, whether it’s a motorcycle or car. * A driver has to yield to a motorcyclist who has the right of way in the same manner as any other vehicle. * Motorcyclists are entitled to an entire lane of traffic. * Motorcyclists are entitled to the same three-to-four-second follow distance, just as with a car or truck. Applying the rules and themes above can help an attorney prove that their client is entitled to the same protections and safeguards as anyone else.

Motorcycle Accident Cases are Different

One important thing to understand is that motorcycle cases are different from other types of cases. There are physical, psychological and financial hardships motorcycle accident victims experience. Usually, motorcycle injuries are more serious than car accidents, but without the Michigan no-fault insurance benefits to help pay for medical bills and wage loss. Then, there’s juror suspicion and a predisposition to blame the victim. Avoiding this mistake can help all personal injury lawyers protect clients from being unjustly blamed for causing a crash when they are not at fault.