3 Ways Stigma Impacts Your Queens, NY Motorcycle Case

by | Jun 28, 2022 | Personal Injury | 0 comments

When a rider is hit by a passenger vehicle in New York they typically face an uphill battle. Those who ride motorcycles are often the subject of a great deal of stigma and bias when they try to pursue a personal injury claim, even though the vast majority of accidents with motorcycles and similar vehicles are the fault of drivers

Here are three things you’ll experience simply because you were riding a motorcycle at the time of your accident. 

#1) The insurance company will be less interested in offering a fair settlement. 

Insurance company representatives tend to carry the same prejudices about riders as anyone else. They often assume that a rider is reckless, irresponsible, and a lawbreaker by nature. They’re as informed by stereotypes of riders zigzagging through Queens traffic as anyone else is.

Besides, motorcycle cases are likely to be expensive, because riders get seriously hurt more often than they do when two passenger vehicles collide. Many will face life-altering injuries that may require decades of care. Some riders aren’t able to work ever again after their accident ends. Insurance companies don’t want to deal with those sorts of payouts. 

#2) Comparative negligence will be a factor in your case—a big one. 

Comparative negligence is a factor in most Queens personal injury cases, but you can guarantee it will be a bigger one in a motorcycle accident case.

The insurance companies will argue that you deserve a much greater share of the fault percentages just because you were on a motorcycle at the time of the accident. There are people who believe the very act of sitting on a motorcycle and riding it somewhere is essentially a reckless or negligent act. 

It will take a very savvy legal negotiator to protect the value of your settlement. 

#3) Insurance companies will be more eager to go to trial. 

92% of personal injury cases settle out of court, but sometimes cases have to go to trial. Sometimes they go to trial because insurance companies dig in their heels and force the matter to go to trial.

This is more likely in a motorcycle case, because insurance companies know juries are often going to be more sympathetic to them than they are to the injured rider. 

They also know you’re at a disadvantage at trial if you didn’t involve a lawyer early. Many riders are unconscious after their accidents. Police reports get the driver’s story, the rider can’t gather evidence, and the entire case narrative gets skewed. 

It is vital to work closely with a lawyer who will do everything in their power to get prepared for trial, and who will work closely with experts to find the facts so that we can tell your story. 

We can help. 

We are motorcycle accident experts. If you want to work with a law office that will keep you from losing most of your settlement to stigma, reach out to our office today. We’re ready to help.

See also: 

Why You Would Rather Settle Your Queens Personal Injury Case Than Take it To Court

How Much Does It Cost to Hire a Personal Injury Lawyer in Queens

Queens Streets Grow More Dangerous