Buffalo, New York, is a city that loves its motorcycles. With scenic routes like Niagara Falls and the stunning Finger Lakes region just a short ride away, it’s no wonder that motorcycling is a beloved pastime for many Buffalonians. However, despite the passion for two-wheel adventures, motorcyclists often face biases and unique challenges when pursuing injury claims after accidents.
At Andrews, Bernstein & Maranto, PLLC, we understand the difficulties motorcyclists encounter during the claims process. Our experienced attorneys are committed to helping you overcome these biases and ensuring that your rights are protected.
The Bias Against Motorcyclists in Injury Claims
Motorcyclists often face an uphill battle when seeking compensation for injuries sustained in accidents. Several biases and misconceptions can work against them, making it essential to have a dedicated legal team on their side. Let’s explore some of the common biases against motorcyclists in Buffalo injury claims and how to overcome them:
- Stereotyping
One of the most prevalent biases against motorcyclists is the negative stereotype that they are reckless or careless riders. This stereotype can lead insurance companies, jurors, and even law enforcement officers to assume that the motorcyclist was at fault in an accident, even when evidence suggests otherwise.
Overcoming Stereotyping
To combat this bias, it’s crucial to gather and present compelling evidence that demonstrates the responsible actions of the motorcyclist leading up to the accident. Witness statements, surveillance footage, and expert testimony can all help counteract the stereotype.
- Prejudice against Safety Gear
Some people mistakenly believe that motorcyclists who don’t wear helmets or protective gear are solely responsible for their injuries. While protective gear is essential, New York State law doesn’t mandate helmet use for all riders. Nonetheless, this bias can influence perceptions and impact compensation awards.
Overcoming Prejudice against Safety Gear
If you weren’t wearing a helmet or protective gear at the time of the accident, it’s crucial to highlight other safety measures you took, such as obeying traffic laws and having a well-maintained motorcycle. Additionally, emphasizing the negligence of the other party involved can help shift the focus away from your safety gear choices.
- Fault Attribution
Another common bias in motorcycle injury claims is the tendency to assign a significant portion of fault to the motorcyclist, even when multiple parties share responsibility. This can significantly reduce the compensation a motorcyclist receives.
Overcoming Fault Attribution
To address this bias, a thorough investigation is necessary. Collect evidence, including photographs, accident reports, and witness statements, to build a strong case showing that the other party’s negligence or recklessness played a crucial role in the accident. Demonstrating shared liability or, ideally, that the other party was primarily at fault, can help protect your rights and maximize your compensation.
Requirements for Overcoming Biases Against Motorcyclists
Overcoming biases against motorcyclists in Buffalo injury claims requires careful preparation, a strong legal team, and a proactive approach. Here are some essential requirements to navigate these challenges effectively:
- Legal Representation
Having an experienced attorney who specializes in motorcycle accident cases is crucial. At Andrews, Bernstein & Maranto, PLLC, we have a team of dedicated lawyers who understand the nuances of motorcycle injury claims. Our expertise allows us to build robust cases that stand up against biases and prejudices.
- Thorough Investigation
To combat biases effectively, you need a comprehensive investigation into the accident. This includes gathering all available evidence, such as accident reports, photographs, medical records, and witness statements. Our legal team is skilled at uncovering critical details that can support your case.
- Expert Witnesses
In many motorcycle injury cases, expert witnesses can play a pivotal role in establishing liability and demonstrating the extent of your injuries. Our network of experts includes accident reconstruction specialists, medical professionals, and others who can provide testimony that bolsters your claims.
- Clear and Persuasive Communication
Effective communication is key to countering biases. Your attorney should be adept at presenting your case clearly and persuasively to judges, jurors, and insurance adjusters. We take pride in our ability to tell your story compellingly and advocate for your rights.
- Timely Action
Acting promptly after a motorcycle accident is crucial. Evidence can disappear, witnesses’ memories can fade, and statutes of limitations can expire. Seek legal representation as soon as possible to ensure that your case is built on a solid foundation.
Motorcyclists in Buffalo face unique challenges when pursuing injury claims. Biases and stereotypes can affect the outcome of your case, making it essential to have a dedicated legal team on your side. At Andrews, Bernstein & Maranto, PLLC, we are committed to helping you overcome these biases and ensuring that your rights are protected.
If you’ve been injured in a motorcycle accident, don’t let biases and misconceptions stand in your way. Contact us today for a free consultation to discuss your case. Our experienced attorneys are ready to fight for the compensation you deserve and help you on the road to recovery. Let us be your advocate and your voice in seeking justice.
When it comes to motorcycle injury claims, we don’t just overcome biases; we stand up for your rights and help you move forward. Your journey to justice begins here. Contact Andrews, Bernstein & Maranto, PLLC, today.