Why are Motorcycle Accident Claims Challenging?
Motorcycle accident claims present unique challenges, distinguishing them from other personal injury cases. In this article, our legal team at https://www.spauldinginjurylaw.com/
explains some of these complexities, explicitly focusing on the legal environment in Georgia.
What Makes Motorcycle Accidents Difficult?
One primary issue that makes motorcycle accidents particularly difficult revolves around the prejudices and misconceptions held by defense attorneys, insurance companies, and, often, juries. A common belief that many people have is that motorcyclists knowingly take risks and, therefore, if they suffer injuries, they’ve merely reaped the consequences of their choices. The defense often uses this flawed reasoning, known as “assumption of risk,” to lower the amount awarded in motorcycle accident cases.
Severity of Motorcycle Accidents
The severity of injuries sustained in motorcycle accidents is usually higher than in car accidents, leading to potentially significant compensation claims. In an effort to reduce these payouts, the defense subtly manipulates the aforementioned bias. They play on the notion that motorcyclists are thrill-seekers who willingly put themselves in danger.
They might emphasize the inherent risks associated with motorcycles, such as the lack of protective barriers between the rider and the environment or the higher fatality rates associated with motorcycle accidents compared to car accidents. They may also highlight the daredevil image of motorcyclists, often portrayed in popular culture, to substantiate their claim that motorcyclists are risk-takers.
By playing into this bias, the defense seeks to dilute the jury’s sympathy toward the motorcyclist. They frame the motorcyclist not as an innocent victim of another’s negligence but as someone who willingly put themselves in harm’s way. This strategy aims to divert the jury’s attention from the facts of the case – like the at-fault party’s negligence – and instead focus on the assumed risk undertaken by the motorcyclist.
This can result in an emotional response from the jury, which could lead them to devalue the motorcyclist’s claim. The ultimate goal is to reduce the perceived responsibility of the at-fault party and thereby decrease the compensation.
These tactics are not based on a fair interpretation of the law or a just appreciation of the facts but rather on the manipulation of biases and stereotypes. In these situations, you need an experienced attorney who can counter such tactics, refocus the jury’s attention on the actual facts, and ensure that your rights are upheld.
The Role of the Jury
A crucial point that must be understood is that a jury is seldom made up of motorcyclists or motorcycle enthusiasts. More often than not, jurors comprise individuals who’ve never ridden a motorcycle, nor do they understand the thrill and joy of riding one. Their bias, fueled by the defense’s portrayal of motorcyclists as reckless risk-takers, can lead them to question whether they should award full compensation for injuries caused by another party’s negligence.
However, the law does not differentiate between a motorcyclist and a driver of a four-wheeled vehicle. Both have equal rights to seek full compensation for their injuries if they’ve been wronged. Just because someone chooses to ride a motorcycle does not render them a second-class citizen or restrict their legal rights.
Despite this, the reality of the courtroom can often contrast with the written law. A motorcyclist seeking justice in Georgia will be facing twelve jurors, most of whom are likely to harbor the biases previously discussed. This scenario makes securing a fair verdict in motorcycle accident cases considerably more challenging than in car accident cases.
Get Representation from Spaulding Injury Law
Therefore, it is vital for victims of motorcycle accidents to be represented by a knowledgeable attorney; one who understands these biases, knows how to counteract them effectively, and can present the case convincingly to a jury. Having such an attorney is instrumental in overcoming the challenges posed by motorcycle accident claims and achieving a fair and just outcome.
At Spaulding Injury Law, we pride ourselves on our experience and expertise in handling motorcycle accident cases. We are adept at countering biases and are committed to fighting for our client’s rights to full compensation. If you have suffered a motorcycle accident and require legal guidance, please feel free to reach out to us via our website.
When you become our client at Spaulding Injury Law, you’ll be represented by a thoroughly experienced Atlanta personal injury attorney like Theodore A. Spaulding. For over 15 years, Mr. Spaulding has helped victims of negligence across the state of Georgia resolve personal injury cases, and he’s received a remarkable number of awards and honors from the legal community recognizing his commitment to clients and to the metro-Atlanta area.
Mr. Spaulding has been named one of the Top 100 trial lawyers in Georgia by the National Trial Lawyers for six successive years.
He is honored as a lifetime member of the Million Dollar Advocates Forum ® by the Top Trial Lawyers in America ®.
Charter Member of the Distinguished Justice Advocates.
Member of the Atlanta Bar Association.
