Why Motorcycle Bias Can Hurt Your Case & How a Lawyer Can Help
Motorcyclists are like most drivers in Ohio. They respect the rules of the road and do everything they can to avoid causing a motorcycle accident. That’s because Ohio motorcyclists know just how dangerous such crashes can be for riders in the Buckeye State. Between 2018 and 2022, there were 18,980 motorcycle accidents in Ohio, resulting in 5,296 injuries and 953 fatalities, according to official Ohio motorcycle accident data.
Unfortunately, some people don’t see things this way. Instead, they automatically blame motorcyclists for causing collisions in Ohio. Why? One word – bias. Specifically, they have a prejudice against motorcyclists that can show up in many different ways, from how motorcycle crashes are investigated to how injury claims are handled.
Fortunately, we view things differently and understand how the legal system should function for injured motorcyclists in Ohio. That’s because our Cleveland motorcycle accident attorneys at Merriman Legal, LLC have years of experience successfully fighting for the rights of injured Ohio bikers.
What is motorcycle bias?
Motorcycle bias is the assumption that all motorcyclists are reckless, aggressive, or dangerous simply because they ride a motorcycle. These stereotypes often originate from movies, television, or some individuals' personal experiences, but they don’t accurately reflect reality.
The truth is, most riders are safe, responsible, and highly trained. Many motorcyclists wear proper gear, follow traffic laws, and take safety courses to ensure their safety. Even so, when a crash happens, some people automatically blame the rider, even when the facts tell a different story.
How does bias show up in motorcycle accident investigations?
Crash scenes can be chaotic. That’s why it’s critical that investigators carefully collect evidence at the scene of the accident. How evidence is gathered can shape the entire outcome of a case. Unfortunately, when motorcycle bias exists, it can influence evidence in a variety of ways, including:
- Police Reports – Officers might unconsciously assume the motorcyclist was speeding or weaving through traffic, even without hard evidence to support this assumption. Even how the reports are written can have an effect, especially if the report includes language like “the motorcyclist came out of nowhere” or “the driver didn’t see the bike,” which could subtly place fault on the rider, even if the other driver failed to yield or ran a red light.
- Witness statements – Bystanders often bring their own assumptions to motorcycle accidents. A witness may say “those guys are always flying down this road” or “he must’ve been going too fast,” even if they didn’t actually see the crash. These opinions — not facts — can ultimately influence the official record.
- Insufficient evidence – Sometimes, investigators don’t thoroughly inspect the other driver’s actions. They may overlook cellphone use, fail to check for brake marks, or skip interviewing key witnesses. If they assume the motorcyclist is at fault from the start, they might not dig deeper in some cases.
How does bias impact injury claims?
When motorcycle bias influences the investigation, it can have serious consequences during the claims process in several ways, including how insurance companies handle cases.
Many insurance companies are quick to capitalize on negative stereotypes. If a police report appears to lean against the rider or witness statements seem biased, insurance adjusters may:
- Deny the motorcyclist’s injury claim.
- Argue the motorcyclist was mostly or fully at fault.
- Offer a lowball settlement based on assumptions about “risky behavior.”
Even if a motorcyclist follows the law and the other driver is at fault, biased insurance companies can influence the outcome of injury claims and prevent injured riders from getting the money they rightfully deserve.
Does motorcycle bias influence juries?
If your motorcycle accident goes to trial, motorcycle bias can clearly affect the outcome of your case. And nowhere is that more apparent than if a juror has a bias against motorcyclists. In an ideal world, jurors should be fair and impartial, deciding cases based solely on the facts. Instead, some jurors may enter a courtroom with preconceived notions about bikers.
Without strong legal advocacy, some jurors might assume the rider did something wrong just because they were on a motorcycle. That’s why it’s critical that you have an experienced legal team on your side that knows how to counter this bias and can present the facts clearly and convincingly to the jury deciding the outcome of your motorcycle accident lawsuit.
What should I do after a motorcycle accident in Ohio?
- Seek medical attention – This not only protects your health but also creates a medical record linking your injuries to your motorcycle accident.
- Obtain a copy of your police report – Review it carefully for possible errors or biased language. Your lawyer may be able to challenge inaccuracies or request clarifications from the investigating officer.
- Gather evidence – Take photos at the scene if you can, including pictures of skid marks, vehicle damage, and road conditions. Get contact information from witnesses. Save your riding gear if it shows signs of damage caused by your crash.
- Don’t talk to insurance companies – Don’t give a recorded statement or accept a settlement offer from an insurance company without first talking to a lawyer. Anything you say after an accident to insurance companies could later be used as evidence to deny your injury claim. Insurers often try to lock riders into statements they can later use against them.
- Hire an experienced motorcycle accident lawyer – When you've been injured, it’s essential to have a lawyer on your side who understands motorcycle accidents in Ohio and how the civil justice system operates in this state. At Merriman Legal, LLC, we know the bias motorcyclists often face after a serious crash. And we know how to challenge false assumptions and build strong cases based on evidence, not stereotypes.
Why experience matters after a motorcycle accident
Motorcycle accident cases often differ significantly from car accident claims. They typically involve different physics, different injury patterns, and different legal strategies. If your lawyer doesn’t understand these differences and the unique risks riders face, they could miss out on critical details that could strengthen your case.
We are aware of the challenges Cleveland riders face — from aggressive drivers on I-90 to inattentive motorists at busy intersections, such as Kinsman Road at East 93rd Street, one of the busiest and most dangerous intersections in Cleveland, according to Cleveland.com.
We understand the importance of experience at Merriman Legal. When we take your case, we know how to build a strong case based on years of working with motorcycle injury victims just like you.
Most importantly, we will work to make sure your story is heard loud and clear — without judgment, without bias, and with the respect you deserve. Remember, you didn’t do anything wrong. You shouldn’t have to suffer because of another driver’s actions.
You have rights. Our Cleveland motorcycle accident attorneys can protect them
At Merriman Legal, LLC, we believe injured motorcyclists deserve justice, not stereotypes. If you were hurt in a crash caused by someone else, don’t let motorcycle bias stand in the way of your recovery. We offer free consultations and only get paid if we win your case.
Our Cleveland motorcycle accident lawyers understand how the legal system operates in cases of this complexity. That’s why we want to help. Our law firm has achieved many successful outcomes in high-profile cases involving people injured in accidents.
Don’t be intimidated by motorcycle bias. Get a Cleveland law firm that will stand up for you and set the record straight. Contact us to schedule a free, no-obligation consultation with a trusted motorcycle accident attorney. We’re conveniently located on West 9th Street in Cleveland and handle motorcycle accident cases throughout the state of Ohio.
"My husband and I were represented by Tom Merriman, and we couldn’t be more pleased with the outcome of our case. Tom settled the matter in our favor and guided us through every step of the legal process with care and professionalism." — Renee P., ⭐⭐⭐⭐⭐
