How Motorcycle Accident Lawyers Can Fight Juror Bias Against Riders

Motorcyclists are often perceived as reckless risk-takers. Films and other media tend to portray them as thrill-seekers who put themselves and others in danger. When a biker is injured in an accident and sues for damages, these stereotypes can negatively influence how juries weigh their conduct in comparison to other drivers involved. A skilled attorney can work to overcome that bias and help riders obtain the compensation they need and deserve. 

Besides holding an impression of bikers as reckless, jurors may believe that because motorcycles are smaller and less visible than other vehicles, riders have a responsibility to take extra precautions to avoid all possible dangers, even those caused by other drivers’ negligence. Furthermore, most jurors have little or no experience as motorcycle riders themselves, which further muddles their perceptions.

A jury being influenced by pre-conceived notions about bikers’ behavior can drastically affect the damages awarded — or perhaps denied. New York law applies a pure comparative negligence rule in accident cases. An injured biker has the right to obtain compensation even if they are partly at fault for an accident. However, even a small allocation of fault reduces the compensation they ultimately receive. 

An attorney can work to prevent or mitigate that result in a number of ways: 

• Voir dire screening — Attorneys can ask questions during juror selection to identify candidates who may have harbor about motorcycle riders and challenge them from the panel. 
• Expert witnesses — These authorities can educate jurors about motorcycle operation and safety, which can overcome jurors’ lack of knowledge and experience about motorcycles. They can also give a forensic analysis of the crash and why certain maneuvers were necessary. 
• Objective evidence — This can include traffic camera footage, black box data from vehicles involved and eyewitness testimony. 
• Character witnesses — Individuals who know the motorcyclist can paint a fuller picture of them as careful and conscientious, attesting to their responsible behavior both on and off the road.

All of these methods can help in depicting riders as being fastidious about motorcycle maintenance and compliant with traffic regulations to reduce risk of an accident. Riders dealing with painful injuries and financial stress should seek a skilled motorcycle accident attorney to build a strong case for damages.

At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, NY, we work to get fair and adequate compensation for injured motorcycle riders throughout Long Island. Schedule a free initial consultation by calling 631-360-0400 or contacting us online.