Overcoming Bias Against Motorcyclists in Accident Claims

July 28, 2025

Motorcyclists often face an uphill battle after being involved in an accident. Beyond the physical and emotional trauma, they frequently encounter biases that can hinder their ability to receive fair compensation. The perception that motorcyclists are inherently reckless or responsible for their own injuries can affect how insurance companies, juries, and even police officers view the circumstances of a crash. In Washington, where motorcycle accidents are a common occurrence, these biases can result in unfair settlements or verdicts.

This blog will explore the roots of bias against motorcyclists, how it impacts accident claims, and the strategies attorneys can use to protect the rights of motorcyclists in Washington.

Common Biases Against Motorcyclists

Motorcyclists have long been subject to negative stereotypes. Many people, including those in law enforcement or the insurance industry, view motorcyclists as risk-takers who are more likely to engage in dangerous driving behaviors. Here are some of the common biases against motorcyclists:

Stereotypes of Recklessness: Many believe motorcyclists engage in dangerous or risky driving, despite the fact that most motorcyclists follow the rules of the road.
Overrepresentation in Fatality Statistics: While motorcycles represent a small percentage of vehicles, they account for a disproportionate number of fatalities, leading to the assumption that motorcyclists are more often at fault.
Assumption of Speeding or Illegal Maneuvers: Drivers, insurance adjusters, and juries may assume motorcyclists are speeding or performing unsafe lane changes, even when no evidence supports this claim.

How Bias Impacts Accident Claims

In Washington, like many other states, personal injury cases are subject to the "pure comparative negligence" rule. This means that each party involved in an accident is assigned a percentage of fault, and any compensation they receive is reduced by that percentage. Unfortunately, due to bias against motorcyclists, they may be assigned a disproportionate share of the blame, even if the evidence suggests otherwise.

For example, an insurance adjuster may argue that a motorcyclist was speeding or weaving through traffic, even if there is little proof to support this claim. Additionally, juries may be more inclined to believe these accusations, as they may subconsciously associate motorcyclists with risky behavior. This bias can lead to unfair settlements or verdicts, leaving motorcyclists with less compensation than they need to cover their medical bills, lost wages, and other damages.

How an Attorney Can Overcome Bias and Protect Motorcyclists'

Hiring an experienced attorney is one of the most effective ways for motorcyclists to combat bias and secure the compensation they deserve. Attorneys who specialize in motorcycle accident cases understand the challenges their clients face and are skilled at countering the negative assumptions that often arise in these claims.

Here are a few ways attorneys can help overcome bias:

Gathering Strong Evidence: One of the first steps an attorney will take is to gather as much evidence as possible to support the motorcyclist's claim. This can include obtaining police reports, witness statements, and traffic camera footage. Additionally, attorneys often work with accident reconstruction experts who can recreate the scene of the accident to show exactly what happened. These experts can provide crucial testimony that counters any false narratives about the motorcyclist's behavior.
Highlighting Safety Measures: Washington requires all motorcyclists to wear helmets, and many riders also wear other protective gear, such as armored jackets, gloves, and boots. By emphasizing that the motorcyclist followed all safety regulations, attorneys can challenge the perception that the rider was reckless. This can be a powerful tool in convincing insurance adjusters or juries to view the case objectively rather than through the lens of bias.
Challenging Misconceptions: An experienced attorney will know how to confront and dispel misconceptions about motorcyclists. During negotiations or in court, they can present statistics and expert testimony to educate the decision-makers about the realities of motorcycle riding. For example, they can point to studies showing that motorcyclists are often not at fault in multi-vehicle accidents, helping to shift the narrative away from the assumption of rider error.
Expert Testimonies and Witness Statements: Expert witnesses can play a critical role in combating bias. Traffic safety experts can testify about the responsibilities of both motorcyclists and other drivers on the road, providing context for the accident. Medical experts can also provide testimony on the extent of the rider's injuries, ensuring that the motorcyclist receives fair compensation for their pain and suffering. Additionally, eyewitness accounts can help build a more accurate picture of what happened and whether the motorcyclist was acting responsibly.

The Role of Washington’s Motorcycle Laws

Helmet Use: Mandatory in Washington, helmet usage demonstrates a motorcyclist’s commitment to safety and can be crucial in proving they were not acting recklessly.
Lane Usage and Filtering: Understanding the legal nuances of lane filtering in Washington can be key in cases where motorcyclists are accused of improper lane changes.
Right-of-Way Rules: Using Washington’s right-of-way laws can help show that the other driver was at fault for failing to yield to the motorcyclist.

Conclusion

Bias against motorcyclists is a significant challenge in accident claims, but it is not insurmountable. With the help of an experienced attorney from Floyd Personal Injury Law Group, motorcyclists in Washington can combat these unfair stereotypes and secure the compensation they deserve. Through meticulous evidence gathering, expert testimony, and a deep understanding of Washington’s motorcycle laws, attorneys can shift the focus away from bias and toward the facts of the case.

Motorcyclists should not have to suffer twice—first from the injuries sustained in the accident and second from the prejudice they face in the legal system. By working with a skilled legal team, they can protect their rights and ensure that justice is served.

Get Fair Representation for Your Motorcycle Accident Claim

At Floyd Personal Injury Law Group, we understand the challenges motorcyclists face when seeking justice after an accident. Don't let biases prevent you from receiving the compensation you deserve. Contact us today for a free consultation and take the first step towards overcoming bias in your accident claim.

References:

Washington Traffic Safety Commission - Motorcyclists Data

WSDOT Crash Data Portal

National Highway Traffic Safety Administration (NHTSA)

Centers for Disease Control and Prevention (CDC) - Helmet Safety

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Injured on Property: Kent’s Legal Guide by Floyd Personal Law Group

By jeff • December 24, 2025

What Really Happens After a Property Injury If there is one thing I have learned from years of working with injured clients in Kent, it is that the most painful part of a property injury is often what comes after the fall. The shock, the confusion, the embarrassment. People replay the moment over and over, wondering what they did wrong. Most of the time, the answer is nothing. The emotional impact tends to catch people off guard. I hear the same questions constantly. Why do I feel so overwhelmed? Why is the property owner acting like this was my fault? Should I have spoken up sooner? I once represented a woman who fell on a slick ramp behind a retail store. She blamed herself because she was “in a hurry.” But when we reviewed the surveillance footage, it showed employees walking past the spill for nearly an hour before she fell. That is how quickly self-blame can cloud reality. Clients also struggle with symptoms that evolve days later. Pain that spreads Difficulty walking Headaches Loss of sleep Anxiety about returning to the location These are real experiences, and ignoring them only makes things worse. The moment you start doubting your own instincts is the moment the insurance company gains leverage. That is why clarity matters so much in these cases. Understanding Liability and What You Should Do Next Premises liability protects you when unsafe conditions on someone else’s property cause harm. It covers everything from wet floors to broken steps to poor lighting. The standard is simple. Property owners must take reasonable steps to prevent hazards. When they do not, people get hurt. Here is what I look for when assessing a case: Was there a clear, preventable hazard? Did the owner or employees know or should they have known about it? Did their failure to act directly cause your injury? These answers often come from details that people overlook. Maintenance logs. Internal memos. Prior complaints. A witness who saw the hazard hours earlier. These pieces quietly connect the story. If you get injured, your actions in the first few hours matter more than most people realize. This is what I always recommend: Get medical care right away, even if pain feels manageable Report the incident and get a copy of the report Take photos of the hazard, your injuries, and surrounding conditions Ask for names and contact information of witnesses Avoid recorded statements with insurance adjusters Document symptoms as they develop Each of these steps protects your future self. I have seen strong cases collapse because the hazard was cleaned up before anyone captured evidence or because the injured person casually apologized at the scene. These moments may feel harmless, but insurance companies use them strategically. How Compensation Works and When to Call a Lawyer The cost of a property injury is rarely just the initial medical bill. I have seen slips and falls lead to months of physical therapy, lost wages, long term pain, and ongoing stress that clients were not prepared for. People often underestimate the long term financial impact until they are in the middle of it. Here is what compensation may include in Washington: Medical expenses Physical therapy and rehabilitation Lost wages Reduced earning capacity Pain and suffering Long term care costs Washington follows comparative negligence, meaning the insurance company will often try to assign part of the blame to you. You missed a warning sign You were distracted Your shoes were inappropriate These arguments come up constantly, even in cases where the property owner clearly failed to maintain a safe environment. It is why legal representation becomes important earlier than most people think. So when should you contact a lawyer? Your pain is worsening or persistent You are missing work The property owner denies responsibility The insurance company offers a low settlement You feel pressured to settle quickly You are unsure what your claim is worth Reaching out is not about being combative. It is about protecting your rights before the situation becomes more complicated. Why Work With Floyd Law Group in Kent, WA? Over the years, I have represented people who walked into my office feeling overwhelmed and unheard. Many assumed their injuries were not serious enough or believed the insurance company would treat them fairly. What they needed was guidance grounded in real experience, not vague reassurance. At Floyd Law Group, my approach is straightforward. I investigate the facts, not the assumptions I protect clients from insurance tactics I communicate clearly and honestly I focus on long term recovery, not quick settlements Because we work here in Kent, we understand the nuances of local properties, businesses, and community spaces. That local insight helps us see patterns others might miss and build cases with stronger context. Above all, my goal is simple. Make sure you are treated fairly and fully heard. FAQs How long do I have to file a claim in Washington? You generally have three years, but your case is stronger when evidence is collected early. What if no one witnessed my fall? Many strong cases have no witnesses. Evidence like photos, medical records, and past complaints can still support your claim. Can I file a claim if the injury happened at a friend’s house? Yes. Claims are handled through insurance, not your friend personally. Final Thoughts A property injury can shake your confidence as much as your body. Pain, uncertainty, and pressure from insurance companies create a perfect storm that leaves people second guessing everything. I have seen how overwhelming that feels, and I know how quickly circumstances can spiral if you do not protect yourself early. If something about your accident does not sit right with you, trust that feeling. Ask questions. Gather information. And remember, you do not have to navigate this alone. Your health, your future, and your peace of mind matter far more than rushing into a decision you cannot undo later. If you want a meta title, schema markup, or GBP optimized version, I can create that next.