You were following all the rules. Your headlight was on, you were wearing your helmet, and you were riding at a safe speed. Then, out of nowhere, a car turned left directly into your path. The crash happened in seconds, and now you’re dealing with broken bones, mounting medical bills, and the long road to recovery that lies ahead.
But there’s one more challenge you may have to face—one that has nothing to do with your injuries or the facts of your accident. It’s something unfair that could affect your ability to receive the compensation you deserve: motorcycle bias.
At Shapiro, Washburn & Sharp, our attorneys have been representing injured motorcyclists and their families for decades in Virginia courts. The firm has been recognized as a Tier 1 “Best Law Firm” for personal injury litigation, a distinction given to only a small percentage of law firms.
That kind of experience matters because handling a motorcycle case is not just about proving what happened. It’s also about undoing unfair assumptions. We’ll explain the issues below so you know what to expect. For more information on your particular case, contact us at 833-997-1774 for a free consultation today.
If you ride a motorcycle, you may already know that many people have misconceptions about who you are. The stereotype is everywhere. Some people picture motorcycle riders as hard-living rebels or reckless daredevils who take unnecessary risks on the road. They may imagine someone covered in tattoos, belonging to a motorcycle club, or someone who just doesn’t care about safety.
National and Virginia data help explain why this prejudice sticks, but also why it’s unfair. According to the Department of Motor Vehicle’s 2023 crash data, there were 2,127 crashes involving motorcycles across Virginia. Of those crashes, 127 riders died.
On a national level, the National Highway Traffic Safety Administration (NHTSA) reports that in 2023, there were 6,335 motorcyclists killed in traffic crashes nationwide, accounting for 15 percent of all traffic fatalities, even though motorcycles represent a small fraction of all registered vehicles.
These numbers—higher fatality rates and disproportionate mortality—tend to leave a lasting impression on the public. When faced with these statistics, many people may mistakenly attribute crash risk to the rider’s character or behavior, rather than to road hazards or other drivers’ negligence.
Motorcycle bias exists for several reasons, many of which have nothing to do with actual rider behavior. Popular culture has played a significant role in shaping how the general public thinks of motorcyclists. Movies and television shows often show them as outlaws or danger seekers. News coverage, too, can highlight the most dramatic crashes, reinforcing the idea that riding is inherently reckless.
In addition, many people don’t understand motorcycles as they’re not riders themselves. They may have had negative experiences with motorcyclists on the road, feeling frustrated when a rider passed them in traffic or when a loud engine buzzed by.
The truth, of course, is very different. Most people who ride motorcycles are careful. They’re professionals, parents, retirees, and everyday people who simply love to ride. They follow traffic laws, wear protective gear, and take safety courses to improve their skills. Often, they’re even more aware of their surroundings than the average car driver because they know how vulnerable they are on the road.
Yet despite this, the stereotype persists, and in a motorcycle accident claim, it can come into play in subtle ways. There’s also a troubling tendency to blame the victim. Some people believe that riding a motorcycle is inherently dangerous, and they assume riders knew the risks, which can affect how much compensation they feel a rider deserves, even when the motorcyclist wasn’t at fault.
When you are injured in a motorcycle accident and file a claim seeking compensation, bias may affect your case in a couple of ways.
Insurance companies are well aware of motorcycle stereotypes, and they may exploit these to their advantage. Claims adjusters may assume that because you were on a motorcycle, you must have been driving aggressively, speeding, or taking risks. This can lead them to undervalue your claim, offering far less than they would for an identical accident involving a car driver.
Even when the evidence clearly shows that the other driver was at fault, insurance companies may still try to argue that you contributed to the accident in some way. They might claim that you were “hard to see” or that you were riding too fast, even without evidence to support these claims. Since Virginia follows a strict contributory negligence rule, if the insurance company succeeds in proving you were even one percent at fault, that will bar you from recovering any compensation at all.
If your case doesn’t settle and goes to trial, the stakes become even higher. Jurors might be less sympathetic toward you simply because they associate motorcycles with danger or rebellion. They may award lower verdicts because of their bias, despite the facts of the case.
An experienced legal representative can counter bias during settlement negotiations by presenting strong evidence, expert opinions, and clear documentation that demonstrates the other driver’s fault and the full extent of your damages. This puts you in a stronger position to negotiate a fair settlement without having to go to trial.
If the insurance company refuses to offer a reasonable settlement, you and your attorney may decide to take the case to trial. Again, it’s critical to have an experienced motorcycle accident lawyer on your side, as they can prepare your case for trial with strategies specifically designed to overcome jury bias. If the insurance company knows you have qualified legal representation, they may also be more willing to negotiate before going to trial, as they know you will be prepared with a strong argument in your favor.
An experienced motorcycle attorney understands the unique challenges riders face when seeking compensation. They’ve seen how bias operates in settlement negotiations and in the courtroom, and they know how to fight it.
At Shapiro, Washburn & Sharp, we will gather all the evidence needed to prove clearly who was at fault. We will also help demonstrate your safety habits, and if necessary, use experts to establish what actually happened in the crash. We’ll call out biased assumptions directly, and if the case goes to trial, make sure that we carefully question potential jurors to root out any bias.
If you suffered serious injuries after a motorcycle accident, contact our offices right away. We will fight for your rights to compensation as we did for our client, who was riding his motorcycle on Virginia Beach Boulevard in Virginia Beach when a truck driver attempted to make a left turn and hit him. The accident caused our client to suffer a traumatic brain injury, and he died at the scene.
The victim’s mother retained our law firm and filed a wrongful death claim. As a result of voluntary mediation, the case was settled for the sum of $1.85 million on behalf of all beneficiaries.
You can see us in person at any of our offices in Virginia Beach, Suffolk, Hampton, Portsmouth, Norfolk, and Chesapeake.
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