Motorcycle riders in New Jersey face unique challenges when filing a claim for a motorcycle accident. One of the most significant hurdles is overcoming bias—the preconceived notion that motorcyclists are reckless or responsible for their own injuries. This pervasive stereotype can impact insurance negotiations, legal proceedings, and the overall compensation process. In this guide, we’ll explore how injured riders can combat bias, protect their rights, and secure the compensation they’re seeking on the road to recovery.  

Understanding Motorcycle Bias and Its Impact on Claims

Motorcycle bias refers to the unfair assumptions and stereotypes often directed at motorcyclists. Common misconceptions include the idea that riders take unnecessary risks, violate traffic laws, or engage in reckless behavior. While these beliefs are unfounded for many riders, they can affect how insurance companies, juries, and even law enforcement perceive a motorcycle accident claim.

Common Examples of Bias in Motorcycle Accident Claims

• Insurance Adjuster Skepticism: An adjuster might downplay your injuries or argue that you were speeding without evidence.
• Skewed Police Reports: Officers may assume the motorcyclist was at fault based on stereotypes rather than facts, affecting the official accident report.
• Jury Perceptions: In court, jurors might unconsciously favor the opposing party, believing the rider’s lifestyle choices contributed to the accident.

These biases can lead to reduced compensation or outright denial of a claim, making it essential for motorcyclists to take proactive steps.

Steps to Protect Yourself and Strengthen Your Claim

Filing a claim for a motorcycle accident in New Jersey requires more than simply proving you were injured. Overcoming bias involves presenting compelling evidence, working with knowledgeable professionals, and understanding your legal rights.

Gather Irrefutable Evidence

Comprehensive evidence can counteract unfair assumptions. Consider the following:

• Helmet and Gear Records: Demonstrate that you wore proper safety gear, complying with New Jersey’s helmet law (NJ Rev Stat §39:3-76.7).
• Eyewitness Testimony: Collect statements from unbiased witnesses who can verify your safe riding behavior.
• Traffic Camera Footage: Secure footage that may show the at-fault party’s negligence or your adherence to traffic laws.

Seek Immediate Medical Attention

Prompt medical documentation not only safeguards your health but also establishes the severity of your injuries. Insurance companies often scrutinize delays in treatment, using them as a reason to undervalue claims. By seeking immediate care, you demonstrate the legitimacy of your injuries.

Avoid Talking to Insurance Adjusters Alone

Insurance representatives are trained to minimize payouts, often by exploiting biases. Consult a motorcycle accident lawyer before speaking with adjusters to ensure your statements are accurate and protective of your claim.

Highlighting the Real Causes of Motorcycle Accidents

Many motorcycle accidents result from the negligence of other drivers, not the riders themselves. Shedding light on this fact can help dispel harmful stereotypes and strengthen your case.

Common Causes Beyond Rider Control

• Driver Inattention: Motorists often fail to check blind spots or notice motorcycles when changing lanes.
• Tailgating: Following too closely can lead to severe rear-end collisions, especially dangerous for motorcyclists.
• Road Hazards: Potholes, uneven pavement, and debris disproportionately affect motorcycles compared to cars.

Unique Example: Construction Zone Hazards

Let’s go over a hypothetical situation: A motorcyclist was severely injured when a poorly marked construction zone left gravel scattered across the highway. Despite the clear negligence of the construction crew, the rider initially faced accusations of speeding and recklessness. By gathering evidence and securing expert testimony, the rider’s attorney successfully shifted the focus to the responsible party.

Leveraging New Jersey’s Comparative Negligence Laws

New Jersey follows a modified comparative negligence system, meaning that your compensation can be reduced if you are found partially at fault. However, as long as you are less than 51% responsible, you can still recover damages.

Example: Proving Shared Liability

Imagine you were riding within the speed limit when a car ran a red light and struck you. The opposing party might claim you were distracted or veering. By working with an experienced motorcycle accident lawyer, you can present evidence—such as GPS data and eyewitness accounts—to refute these claims and minimize your percentage of fault.

The Role of a Motorcycle Accident Lawyer

Hiring a motorcycle accident lawyer is crucial for overcoming bias and navigating the complexities of New Jersey’s legal system. A skilled attorney can:

• Build a Strong Case: Your lawyer will compile evidence, interview witnesses, and work with accident reconstruction experts to demonstrate the other party’s negligence.
• Challenge Unfair Assumptions: Attorneys experienced with motorcycle bias know how to dismantle stereotypes in court or during negotiations. They focus on facts and evidence rather than prejudiced opinions.
• Negotiate Aggressively: Insurance companies often aim to settle quickly for less than you need. A lawyer ensures that all aspects of your claim, including long-term medical costs and lost income, are accounted for.
• Represent You in Court: If your case goes to trial, your attorney will present a compelling argument, countering bias and advocating for maximum compensation.

Why Acting Quickly Matters

Delays in filing your claim can harm your case. New Jersey’s statute of limitations for personal injury claims is two years from the date of the accident. Waiting too long may result in lost evidence and weakened arguments.

Additionally, acting promptly allows your attorney to challenge biased reports or evidence before they influence your case. Swift action ensures that your rights are protected from the start.

Injured in a New Jersey Motorcycle Accident? Call The Law Offices of Andrew Prince to Combat Motorcycle Bias and Protect Your Rights

Facing bias after a motorcycle accident can be daunting, but you don’t have to face it alone. Andrew Prince, Esq., has dedicated his career to helping injured riders in New Jersey secure the compensation they’re seeking on their road to recovery. With a deep understanding of motorcycle bias and a proven track record of success, he is the advocate you need.

Don’t let stereotypes derail your claim. Contact The Law Offices of Andrew S. Prince today at 1-800-832-6529 for a free consultation. Let him fight for your rights and advocate for fair compensation for your injuries. He represents clients in West New York, Clark, Orange, and the surrounding areas. 

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.