Motorcycle riders can be stereotyped very negatively, which can affect the lawsuit in the case of an accident. It is safe to say, you have probably seen a bike flying down the highway at twice the speed of those around them. Motorcycle riders generally have the reputation of being dare devils and taking unsafe chances on the road, weaving in between cars and more. Unfortunately, these images can sway the jury. Therefore, it is very important for your attorney to differentiate you from these perceptions. It is that much more important for the attorney to gather any possible evidence to prove that the motorcyclist was safe on his bike. Important evidence could be educational, family, employment and community responsibility. If this evidence is gathered from the start, then you will be prepared to face the jury with the anticipation of their negative perception.
Another form of important evidence can be the riders clothing. The clothing involved in the accident will be preserved and evaluated. This clothing can be used to determine whether the driver saw the motorcycle rider (if he claims to have not seen him). For example, if the jacket had reflective material and thread then the driver cannot say the biker was not seen.
When motorcycle accidents take place at night, there may be a crash reconstruction with night time photography. Photos that are taken at night are rarely used in a case because they are very difficult to be used as evidence.
In a typical motorcycle accident case, the other party will argue that the biker was speeding. The experts pertaining to the motorcyclist must use physical characteristics and distinctions related to stopping distances between trucks and motorcycles. If you are involved in an accident with a truck, more than likely a “crash team” with the company will rush to the scene immediately to take down witness statements, which can later be used.
With this information in front of us, lawyers have to be even more diligent in motorcycle cases than regular car accidents. The involvement of the legal staff to uncover information in the case will determine the end result due to the unsafe reputation motorcyclists generally hold. As a motorcyclist, be aware of this stereotype. Just another reason why you should be a safe driver on our roadways!
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