How Your Motorcycle Accident Lawyer Can Address Jury Bias

 Posted on February 13, 2025 in Motorcycle Accidents

There were 3,275 motorcycle accidents in the state of Illinois in 2021. Of those, 168 motorcyclists died from the accident, and 2,381 suffered severe, even catastrophic injuries. Motorcyclists have little to no protection when hit by a 3,000-pound – or heavier – vehicle. Illinois is one of only three states with no motorcycle helmet laws, although the state does require protective eyewear.

The survival rate for a motorcyclist often depends on the severity of the crash, whether the motorcyclist wears protective gear, and his or her experience level. Motorcycle accidents are a leading cause of spinal cord injuries and traumatic brain injuries. According to the NHTSA, more than half of all motorcycle accidents occur in intersections, either because a driver fails to see the motorcyclist or misjudges the distance from the motorcyclist during a left-hand turn.

Unfortunately, while motorcyclists are extremely vulnerable to being severely injured or killed in an auto accident, in cases where the motorcyclist files a personal injury claim against a negligent driver, there is often a distinct bias against motorcyclists on the part of a jury.

Many people still believe motorcyclists are reckless thrill-seekers, which is nothing more than a stereotype. If you are a motorcyclist who is the victim of a negligent driver, you need a Plainfield, IL personal injury attorney who knows how to fight jury bias.

How Do Stereotypes About Motorcyclists Hurt Accident Claims?

When a negligent driver injures a motorcyclist, he or she may face many more obstacles in obtaining a fair personal injury settlement. Stereotypes against motorcyclists are not only present in jurors, but also among police officers who generate police reports and even among the insurance agents handling the motorcyclists’ claims.

Interestingly, while the common stereotypes against motorcyclists envision riders as young, brash, and reckless, the average age of today’s motorcyclists is about 50 years. Further, a large percentage of today’s motorcyclists do not have a motorcycle as a rebellion; it is simply an efficient, economical means of getting to and from work.

More motorcyclists who take regular road trips on their bikes are professionals (doctors, lawyers, etc.), with few fitting the stereotype of the anti-establishment, wild, irresponsible rider. So, while these stereotypes still exist, they are simply no longer valid and can significantly damage a legitimate claim by a motorcyclist.

How Can Attorneys Fight Against Motorcyclist Stereotypes?

Motorcycle accidents are more likely to be caused by drivers, yet motorcyclists may be blamed for accidents – despite evidence to the contrary - and awarded a much lower settlement as a result. Experienced motorcycle injury attorneys must employ special trial strategies and present different forms of evidence and testimony to combat these stereotypes. The experienced motorcycle accident attorney will know how to identify jurors with potential bias during voir dire.

Presenting objective evidence that supports the motorcyclist’s version of the accident is also extremely important. Even jurors with biases against motorcyclists can find it difficult to argue with accident reconstructions, traffic camera footage, black box data, and eyewitness testimony. Experts can explain how and why the collision occurred, showing definitively that the motorcyclist was not at fault.

Character witnesses for the motorcyclist can show him or her as a careful, conscientious individual who is nothing like the stereotypical image of a reckless rider. In a perfect world, juries would decide cases on the facts alone, but the reality is that jurors are humans with their own prejudices.

Contact a Will County, IL Motorcycle Injury Lawyer

Since motorcycle collisions often leave the motorcyclist with severe, even catastrophic injuries, proving fault and securing compensation can be vital to the motorcyclist’s recovery. It is important that you speak to a Plainfield, IL motorcycle injury attorney from Flaherty Law, LLC as quickly as possible following your accident.

Attorney Flaherty began his career in insurance defense litigation, representing individuals in personal injury and property damage matters. This experience improves outcomes for his clients. Call 815-577-7500 to schedule your free consultation.