Motorcyclists I am representing in an accident often face bias and prejudice from various parties involved in the case, such as insurance adjusters, opposing counsel, jurors, and even judges. Overcoming these biases is crucial for ensuring a fair representation and outcome.

Here are some of the methods an attorney can use to counter bias and prejudice toward motorcyclists:

Humanizing the client

By presenting the motorcyclist as a responsible, safety-conscious individual with a family, career, and hobbies, creates a connection with jurors and dispel negative stereotypes.

Focusing on the facts

Concentrate on presenting the facts of the case, emphasizing the specific circumstances and evidence that demonstrate the motorcyclist was not at fault. This approach can help shift the focus away from any preconceived notions about motorcyclists.

Educating the jury and judge

If necessary, use expert witnesses or other educational resources to explain motorcycle safety, operation, and unique challenges motorcyclists face on the road. By educating the jury and judge, they can better understand the realities of motorcycle riding and evaluate the case more fairly.

Addressing bias directly

In some cases, it may be necessary to directly address potential biases during jury selection, opening statements, or closing arguments. By acknowledging these biases and challenging them, one can encourage jurors to set aside their preconceptions and focus on the facts of the case.

Demonstrating compliance with safety regulations

Showing that the motorcyclist was following safety regulations, such as wearing a helmet, using appropriate safety gear, and adhering to traffic laws, counters the perception that motorcyclists are reckless or negligent.

Using visual aids and reconstruction

Use visual aids, such as diagrams, photographs, or video footage, to help jurors understand the accident scene and circumstances better. Additionally, expert witnesses can reconstruct the accident to show how it occurred, dispelling any misconceptions about the motorcyclist’s actions.

Emphasizing the actions of the other party

Focusing on the actions or negligence of the other party involved in the accident, helps shift attention away from the motorcyclist and any potential bias.

Building credibility

Establishing the motorcyclist’s credibility as a responsible rider by presenting their clean driving record, motorcycle training, or participation in motorcycle safety courses can help overcome bias and prejudice.

By employing these and other methods, a good attorney can help counter bias and prejudice against their client, ensuring that they are fairly represented and receive just compensation for their injuries and damages.