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How the “Reckless Biker” Stereotype Can Affect Your Motorcycle Injury Claim


Stereotypes about motorcycle riders exist, and they can be harmful to motorcyclists. One of the stereotypes that is going around is that all motorcyclists are reckless. This is untrue, but the idea continues to persist. Part of the reason this stereotype continues to linger is because insurance companies perpetuate it because it serves their own interests.

Why would insurers want motorcyclists painted as reckless or dangerous? They do this because they know that in many cases, if the motorcyclist is found to be partially responsible for the crash, their settlement amount can be reduced.

Because of a law called comparative negligence, the motorcyclist in these cases will receive less money if some fault is found with them. That means that the insurance company will lose less money, because they will be required to pay out less in compensation to the motorcycle rider.

Examples of Comparative Negligence

How does comparative negligence in Texas work, exactly? When two or more people are involved in a motorcycle collision, the actions of each will be examined and compared. Fault, or blame, for the accident will be assigned to each person, usually in the form of a percentage. For instance, 10 percent, 30 percent, and so on.

In Texas, if you are involved in an accident and the other driver was 90 percent to blame and you were 10 percent to blame because you were speeding, your settlement check will be reduced by the 10 percent of blame assigned to you.

Let’s say that the insurance company tries to attribute more than 10 percent of the blame for the accident to you. For instance, they say that because you are a “reckless biker,” you should be assigned with 30 percent of the fault for the accident. This is how they use the stereotype against you to reduce your claim’s value further.

How to Combat the Reckless Biker Stereotype

The best way to fight this stereotype is to not let insurers get away with this behavior. When you don’t let them take advantage of you, you can win more in a settlement in the end. One smart decision you can make is having an attorney handle communications with the insurance company for you.

This keeps the insurance company from using your statements against you in an effort to attribute more of the blame for the motorcycle accident to you. Your attorney will fight to keep the insurance companies from denying you the money you’re rightfully owed for a motorcycle crash you didn’t cause.

Make the Call to a Motorcycle Crash Lawyer Now

Dealing with insurance companies can be tricky, and they may use whatever underhanded method they can devise to keep money out of your hands and in their own pockets. Working with a personal injury lawyer allows you to focus on recovering from your injuries while they deal with insurance negotiations for you.

Learn more about how a motorcycle crash lawyer can help you by talking with one during a free case evaluation. To reach Crain Lewis Brogdon, LLP, call 214-522-9404 or fill out the contact sheet down below.