Fighting Juror Bias Against Motorcyclists in Crash Cases

In crash cases involving motorcyclists, juries often hold a bias against the motorcyclist, which can unfairly impact the outcome of a trial. This prejudice typically stems from preconceived notions about motorcyclists, stereotypes surrounding motorcycle riders, and a lack of understanding about motorcycle operation. Understanding the sources of the bias and presenting clear, compelling evidence can help overcome it in court.

In a lawsuit over injuries in a motorcycle accident, Massachusetts law provides for apportioning damages based on the parties’ degree of fault, which is often shared. An injured motorcyclist can recover damages as long as his or her fault is less than 51 percent. This means overcoming jurors’ tendency to view the motorcyclist as principally to blame, which may be based on the following reasons:

1. Stereotypical recklessness — Motorcycles are often associated with speed, danger and risk-taking behavior, largely due to their portrayal in movies and media. Motorcyclists are sometimes viewed as thrill-seekers who willingly put themselves in danger, making them responsible for any accident they are involved in. This stereotype can cloud the jury’s judgment.
2. Visibility and vulnerability — Motorcycles are smaller and harder to see on the road, which can contribute to crashes. Juries may assume that because motorcycles are less visible, riders should take extra precautions. This can translate into an unfair expectation that motorcyclists should anticipate and avoid all possible dangers, even those caused by other drivers’ negligence.
3. Jurors’ lack of familiarity with motorcycles — Many jurors may have never ridden a motorcycle themselves. They might not appreciate how quickly a dangerous situation can develop for a motorcyclist or that maneuvers like swerving or accelerating might be necessary to avoid an accident. Jurors may blame the rider for actions that were reasonable under the circumstances.

To overcome these biases, experienced motorcycle injury attorneys present varied forms of evidence and testimony and employ special trial strategies.

1. Voir dire screening — During jury selection, known as voir dire, plaintiffs’ attorneys can identify people who may have biases against motorcyclists and attempt to exclude them from the jury.
2. Objective Evidence — This includes accident reconstruction, traffic camera footage, black box data from vehicles involved and eyewitness testimony. Accident reconstruction specialists can explain how the crash occurred and demonstrate that the motorcyclist was not at fault. 
3. Expert witnesses — Attorneys may call witnesses to educate the jury on motorcycle operation and safety. These experts can explain how motorcycles handle and why certain maneuvers are necessary to avoid hazards.
4. Character witnesses — It can be effective to present witnesses who can testify to the motorcyclist’s responsible behavior both on and off the road. Painting a fuller picture of the motorcyclist as a careful, conscientious individual can help shift the jury’s perception away from the stereotypical image of a reckless rider.
5. Jury instructions — A plaintiff’s attorney can urge the judge to emphasize in the jury instructions that the motorcyclist should not be judged based on their choice of transportation. The judge should stress to jurors that they cannot allow personal prejudices to influence their decision.

By addressing and dismantling these biases, a plaintiff’s attorney can increase the chances of injured motorcyclists receiving as fair trial and receiving the compensation they deserve.

At Feinberg & Alban PC, we aggressively pursue damages claim for motorcyclists hurt in accidents throughout eastern Massachusetts. We have offices in downtown Boston, Brookline and Worcester. Call us at 617-232-5950 or contact us online to arranged a free initial consultation.