The Bias Motorcyclists Face Before Anyone Looks at the Evidence
The Bias Motorcyclists Face Before Anyone Looks at the EvidenceThe assumption arrives before the file does
Adjusters and jurors bring a prior to motorcycle cases: the rider was going too fast, was weaving through traffic, took a risk a car driver would not have taken. Sometimes that is accurate. Frequently the driver simply did not see the motorcycle and turned across its path.
Working against the prior
These cases get built on physical evidence rather than narrative, because narrative starts at a disadvantage. Scene measurements, damage patterns, sight line analysis, and the geometry of the turn carry more weight than either party's account of what happened.
Accident reconstruction is used more often in motorcycle cases than in ordinary collisions for exactly this reason. When the story is doubted, the physics is not.
Injury severity cuts both ways
A rider has no structure around them, so identical impact forces produce far worse injuries. That is straightforward causation. The defense response is often to argue the rider accepted that risk by choosing to ride https://nyc3.digitaloceanspaces.com/injury-verdict-report/georgia/uncategorized/what-fulton-county-juries-mean-for-an-atlanta-injury-case.html at all.
Georgia comparative fault rules mean that argument has real financial consequences, since recovery is reduced by the rider's share of fault and barred entirely at fifty percent.
The helmet question
Georgia requires helmets. Compliance removes a defense argument entirely, and confirming it early is worth doing. Where a rider was not wearing one, the analysis becomes whether the lack of a helmet actually contributed to the specific injuries, which is a narrower question than it first appears.
Handling a motorcycle injury claim means addressing the bias directly rather than hoping it does not surface.
Gear and equipment as evidence
Damaged gear tells a story about forces involved and should be preserved rather than discarded. So should the motorcycle itself, which is frequently sold for salvage before anyone photographs the damage properly.
Those items are routinely gone within weeks, and they are the physical record of what happened.
Flanagan Law, P.C.
5855 Sandy Springs Cir STE 301
Atlanta, GA 30328
Phone: (404) 480-4474
bflanlaw.com
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