We defeat biker bias by using scientific evidence and aggressive jury selection to force the focus back onto the car driver’s negligence. While many people in Boston assume that a person on a motorcycle must be reckless, we use facts to crush those prejudices in the courtroom.
Our team at the firm understands that the insurance company will try to use your choice to ride against you, and a motorcycle accident lawyer at Altman-Nussbaum-Shunnarah Trial Attorneys provides the fierce advocacy needed to stop them.
We secure $1 recoveries for our clients by proving that a motorcycle has the same right to the road as any other vehicle on I-93 or the narrow streets of the North End.
Winning Insights for Your Claim
- Jury bias refers to the unfair assumption that motorcycle riders are inherently more dangerous or reckless than other drivers on the road.
- Voir dire provides a legal opportunity to question and remove potential jurors who hold deep-seated prejudices against the riding community.
- Electronic Data Recorders (EDR), also known as black boxes, provide objective data on a car driver’s speed and braking in the seconds before an impact.
- Massachusetts comparative negligence rules allow an insurance company to avoid paying if they can shift more than 50 percent of the fault onto the rider.
- Scientific accident reconstruction serves as a factual shield against the defense’s attempts to use stereotypes to lower the value of a claim.
The Battle Against Jury Prejudice in Boston
When a crash happens near the Boston Common or along the busy stretches of Commonwealth Avenue, the insurance company starts building a narrative after a motorcycle accident. They want the public to believe that you were weaving through traffic or speeding, even if you were sitting perfectly still at a red light.
This bias exists because many people do not understand the mechanics of riding a motorcycle and view it only as a high-risk activity.
- Defense lawyers often show photos of the motorcycle to the jury to emphasize its speed and power rather than the damage caused by the car.
- Insurance adjusters use the fact that motorcycles do not have a no-fault PIP requirement as a way to make riders seem like outsiders in the legal system.
- Jurors might subconsciously believe that if you chose to ride a bike, you accepted the risk of getting hit by a distracted driver.
We take the fight to these adjusters by highlighting the driver’s failure to maintain a safe lookout. We show that the driver’s choice to look at a phone or fail to check a blind spot was the actual cause of the crash. Our team refuses to let the defense use your lifestyle as a distraction from their client’s recklessness.
Using Voir Dire to Level the Playing Field
We win or lose many cases before the first witness even speaks. Voir dire is the phase of a trial where our lawyers question potential jurors to find out if they can be impartial, which means being fair and unbiased. This step becomes especially important when dealing with insurance companies after a motorcycle accident that often try to influence how jurors view riders.
We look for people who believe that motorcycles simply do not belong on roads like the Southeast Expressway.
- We ask potential jurors about their personal experiences with motorcycles to see if they have negative feelings toward riders.
- Our team identifies individuals who believe that a rider is always partially at fault for an accident regardless of the facts.
- We use our legal challenges to remove people from the jury pool who admit they cannot look past their biases.
This process allows us to build a jury that will actually listen to the evidence. We hold the court to a high standard to make certain that your case is heard by people who respect the law.
By clearing the jury of biased individuals, we create a path for the truth to come out at the Moakley Courthouse.
Crushing Myths with Electronic Data Recorder Evidence
While the defense tells stories, we bring the data. Most modern cars and trucks on the roads of the Back Bay or Beacon Hill contain an Electronic Data Recorder. This device acts like a black box on an airplane, capturing exactly what the vehicle was doing in the moments before a collision.
- EDR data proves if a car driver failed to use their brakes before hitting a motorcycle.
- This technology shows the precise speed of the vehicle, disproving claims that the car was moving slowly.
- We use this data to show that the driver made no attempt to avoid the crash, proving their total inattention to the road.
We hire accident reconstruction professionals who know how to pull this data and present it to a jury. This objective proof is much harder for an insurance company to argue against than a witness who might have been confused by the noise of the crash.
We use science to stop the finger-pointing and focus on the driver’s failure to share the road safely.
Defeating Comparative Fault Tactics
The insurance company’s primary goal is to push your percentage of fault over the 50 percent line. Under Massachusetts General Laws Chapter 231 Section 85, if you are found to be 51 percent at fault, the law bars you from recovering any money. This is why the defense works so hard to make you look like a reckless speeder.
- Comparative negligence is the legal rule where fault is divided among the people involved in an accident based on their actions.
- If the defense can convince a jury that you were even slightly speeding, they will use that to subtract a massive amount from your recovery.
- We counter these moves by showing that the driver’s major safety violation, like an illegal left turn, was the true cause of the crash.
We fight for a finding of zero fault for our clients. We know that every percentage of fault the insurance company pins on you is money they get to keep in their own pockets. Our aggressive advocacy protects your recovery from these desperate defense tactics.
Viewing Injuries Through a Legal Lens
In a motorcycle accident, the physical damage is often severe because a rider lacks the protective frame of a car. If you need a motorcycle accident lawyer, we look closely at these injuries to understand how they affect the legal value of your case and the accountability of the defendant.
The more an injury changes your life, the more we demand from the insurance company.
- Road rash and skin abrasions often lead to permanent scarring, which the law views as a significant loss that requires compensation.
- Crushing injuries or broken bones in the legs or arms often require multiple surgeries and physical therapy, increasing the medical expenses the defendant must pay.
- Traumatic brain injuries, even when a rider wears a helmet, can result in cognitive issues that prevent a person from returning to their career in the Financial District.
The insurance company will try to claim that your injuries are not as bad as your medical records say. We stop these attempts by presenting clear evidence of your physical limitations and the long-term impact on your health. We make certain the jury understands that the defendant’s recklessness has a permanent cost.
Protecting Your Rights While You Recover at Home
The work to win your case begins as soon as you are back home from the emergency room. The insurance company for the other driver is likely already trying to find ways to pay you less.
You must focus on your recovery while we handle the legal details of your claim.
- Save the clothing and safety gear you wore during the crash, as the damage to these items proves the force of the hit.
- Keep every medical bill and insurance letter in a single folder to document the financial burden the driver caused.
- Avoid speaking with any insurance adjusters who call to ask for a recorded statement about the incident.
Our team handles the communication with the adjusters so you can rest and focus on your family. We use the information you provide to build an aggressive case for the money you need for your future and pursue full compensation from a motorcycle accident. We hold the negligent parties responsible for every dollar they owe you for their failure to look out for your safety.
FAQs
What is the best way to handle a biased police report?
A police report is a document of an officer’s opinion at the scene, but it is not the final word in a civil lawsuit. We use our own investigators and accident reconstructionists to find the truth and challenge any errors in the report. If an officer was influenced by biker bias, we work to show the jury the objective facts that the officer missed.
How does the jury selection process work for a motorcycle case?
During jury selection, our trial attorneys ask potential jurors specific questions about their views on motorcycles and road safety. We use these answers to identify people who cannot be fair because of their prejudices. This allows us to strike those individuals from the pool and ensure your case is heard by people who will follow the law.
Can a dashcam video help defeat biker bias?
Yes, video footage is one of the best tools for crushing stereotypes. If a jury can see with their own eyes that you were riding safely and the car driver made a reckless move, the defense’s arguments about biker bias will fail. We look for footage from your bike, other vehicles, and city traffic cameras near landmarks like Countway Library or the Longfellow Bridge.
Will my choice of motorcycle affect the jury’s view of me?
The defense will often try to use the style of your bike to suggest you are a certain type of person. We counter this by focusing on the mechanics of the crash and the laws of the road. It does not matter what you ride; the car driver still has a legal duty to see you and avoid hitting you.
What if the insurance company offers a settlement before trial?
Insurance companies often offer a small settlement early on, hoping you are worried about biker bias and will take the easy money.
We evaluate these offers to see if they actually cover your lifetime costs. We are not afraid to go to trial if the offer is not fair, as our trial-ready approach is what forces them to pay more.
Force the Insurance Company to Take Responsibility
The insurance company wants you to believe that you cannot win because you were on a motorcycle. We do not accept their excuses, and we have the track record to prove them wrong. Altman-Nussbaum-Shunnarah Trial Attorneys has recovered more than $1,000,000,000 because we know how to hold negligent drivers accountable in the city of Boston, and our attorneys bring that experience and determination to every case we handle.
Contact Our Boston Trial Attorneys for a Free Consultation
If you have been hurt because a driver failed to share the road, do not face the legal system alone. Put a fierce advocate in your corner who knows how to handle the jury and the insurance adjusters for you.
We are ready to build a powerful case for you and demand the money you need for your recovery. Reach out to Altman-Nussbaum-Shunnarah Trial Attorneys now for your free consultation with a team that never backs down from a fight.
