Many people assume a collision is a collision, and all parties will be judged equally. Yet, motorcyclists often feel that others, including the insurance company, have a tendency to blame them for crashes that were not their fault.
Unfortunately, many people, including some who work as insurance adjusters, view motorcycling through a lens of inherent risk. They assume that choosing to ride a motorcycle implies a level of recklessness or a willingness to be in danger that they do not assign to the average driver. This unwritten bias can distort how liability is assigned, placing a heavier burden of proof on the rider compared to a driver.
A closer look at how responsibility is judged
Here are some examples of the biases and misconceptions motorcyclists may need to overcome if they want to get the compensation they deserve:
- Visibility challenges: Most people agree that motorcycles are harder to spot than cars. Insurers may start looking at whether the motorcyclist should have done more to improve their visibility, such as wearing brighter clothing or signaling for longer, rather than focusing on what the driver did wrong (such as being distracted or not checking their mirrors) to miss spotting them.
- Speed and distance: Motorcycles accelerate faster than cars, and not all drivers understand this. A driver who causes a crash by turning across a motorcyclist may claim it was safe to turn because the motorcyclist was far away when they checked. This could cause the insurer to surmise that the motorcyclist must have been speeding to cover the ground so fast. It might not occur to them that the fault lies with the driver for misjudging how fast a motorcycle can approach.
If you are sorting through the aftermath of a crash, it’s good to connect with a trusted legal team to help you throughout the process so that blame is attributed correctly and you are not penalized for your choice of vehicle.