The data on motorcycle accidents is alarming. According to the California Highway Patrol, our state has averaged almost 12,000 motorcycle accidents per year from 2020 to 2024. Sadly, there have been an average of 560 motorcyclist deaths each year during the same time period, according to the California Office of Transportation Safety (OTS).
As a personal injury firm that has been helping injured motorcyclists secure fair and maximum compensation following an accident for over 30 years, we understand the struggle that motorcyclists face in overcoming bias. From insurance companies to law enforcement to juries, your best shot at avoiding the pitfalls of motorcyclist bias, also called motorcyclist profiling, is to get an attorney.
Learn more about our Sacramento Motorcycle Accident Attorney Services.
What is motorcycle bias?
The phenomenon known as “motorcycle bias” is the negative mindset and even prejudice shown against motorcyclists by law enforcement, insurance adjusters, and even juries if a claim ends up in court. As a firm, we are pretty familiar with it, unfortunately. The upside of this experience with motorcycle bias is that we have developed essential strategies to combat motorcycle bias, ensuring our clients receive full compensation for their damages.
Here are some of our proven strategies that have helped us secure maximum settlements for our clients.
A Thorough Investigation and an Abundance of Strong, Objective Evidence
To say that our firm is meticulous is an understatement when it comes to evidence collection. We will immediately request and secure the police report for you, but that is rarely enough to prove fault. Other forms of objective evidence that leave no room for bias that we will collect and scrutinize include:
- Witness Statements: We will track down any potential witnesses, whether in a vehicle or nearby the scene, and interview them to find out what they saw.
- Photos and Videos: We’ll gather and utilize any images that can lend support to your claim, such as pictures of nearby traffic signs and signals, skid marks, and damaged rails. Photos can appear identical but even slightly differing angles reveal a different story. Additionally, obtaining footage from security cameras, dashcams, or helmet cams will be a priority.
- Vehicle Damage Analysis: To counter claims that a motorcycle was speeding or weaving, or resources include forensic experts who can analyze damage in a way that tells the story of speed, impact, right-of-way, etc. This type of quantifiable data is crucial in refuting common claims that motorcyclists operate their bikes unsafely.
- Black Box Data: If any of the vehicles are equipped with black box data recorders, which capture speed, braking, steering, and other actions, we will obtain and analyze the data to prove the other vehicle’s performance at the time of the accident.
We will emphasize our client’s record of safe operation and training.
In the face of accusations of reckless motorcycling, we will document our licensing, training, and years of experience in the safe operation of a motorcycle. If you’ve completed a motorcycle safety training course, we will include that in the evidence. Other often overlooked counter-arguments to motorcyclist bias include:
- Appropriate Gear: A Department of Transportation (DOT) approved helmet, reinforced jacket, gloves, and boots, if worn at the time of the accident, will be included in the documentation.
- History of Compliance with Traffic Laws: A clean driving record goes a long way in the face of motorcycle bias. Ideally, if your record is free of other accidents and moving violations in the recent past, we will use that to your advantage.
We will highlight the other driver’s negligence: Putting the blame where it belongs, on the other driver, involves exploring various angles, including:
- Traffic Violations: If the other party was engaged in an illegal turn, missed a stop sign, or cruised through a light that was well past yellow, collected evidence will go a long way in showing these factors as directly responsible for the accident.
- Employer Negligence: If the other vehicle was a commercial vehicle, we will request and secure safety and training records, as well as maintenance records, if poor equipment contributed to the accident.
Resources for Victims of Motorcycle Accidents
A motorcycle accident can be one of the most terrifying traffic accidents for a person to experience. In addition to physical injuries, emotional trauma is unfortunately widespread. If you need support, consider contacting the Fallen Riders Support Network or BikerDown. These online-based organizations also have chapters and gatherings across the U.S.
Hire a Sacramento Motorcycle Accident Attorney Who Will Fight Aggressively for You
If you have been in a motorcycle accident that is not your fault, we can build a strategic case to target inherent motorcycle bias. We offer a free case review to learn the facts and answer your questions. Call Eason & Tambornini at (916) 438-1819 to schedule an appointment. We charge no fees upfront, and you only pay a fee if you win. You have nothing to lose and everything to gain by getting an experienced motorcycle attorney on your side immediately.