How Juries View Motorcycle Accident Cases

Juror Bias against Motorcycles

San Antonio Motorcycle Accident Lawyer Alex Aguirre

The Aguirre Law Firm, PLLC is skilled in helping motorcyclists or their families recover compensation after an accident. Unfortunately, many jurors see motorcyclists as irresponsible risk takers. This bias is difficult to overcome without the help of a skilled San Antonio motorcycle accident attorney. More than 100,000 motorcyclists have died in traffic crashes since the enactment of the Highway Safety Act of 1966 and the National Traffic and Motor Vehicle Safety Act of 1966. What most people do not realize is that the biker is not usually at fault. We understand this fact because we are experienced in handling this type of case.

Motorcycles are designed to rapidly maneuver with ease. The sleek design of the motorcycle makes it difficult to see by passenger vehicles. The motorcyclist’s right of way is often violated by a driver that failed to thoroughly check their blind spot. The result is often catastrophic. The biker is forced to swerve off the road or into another vehicle resulting in serious injury. The problem is often compounded if the biker did not hit the other vehicle. Many insurance companies will try to deny a claim where the biker avoided colliding with the at-fault driver but still sustained property damage and injuries. A skilled motorcycle accident lawyer can help you get the compensation you deserve in spite of the various biases against motorcyclists.

Compensation for Injuries

Legal compensation may include:

• Medical bills (past and future)
• Hospitalization
• Surgical procedures
• Ongoing medical care
• Counseling
• Scar revision/Cosmetic surgery
• Physical therapy
• Occupational therapy
• Compensation for loss of income and future income
• Vocational rehabilitation
• Disfigurement and disability: Physical or mental impairment or disability
• Compensation for pain and suffering: You are eligible for compensation for the pain and suffering you have experienced and may continue to experience as a result from an injury. In a death case, the children, spouse and parents are entitled to damages for the wrongful death.
• Loss of consortium: This is a separate claim from the injury victim’s claim. It is exclusive to the injured party’s spouse and is compensable by separate damage recovery. The spouse of the survivor may be eligible for compensation when a severe injury interferes with the injured party’s spousal relations. Many courts acknowledge the entitlement of the injured party’s spouse to recuperate for loss of support, services, love, companionship, society, affection, sexual relations and solace in the form of a loss of consortium action.

Punitive damages may be recovered in select circumstances. Punitive damages are present to penalize or make an example of the offender for intentional behavior, or whether they acted in a reckless manner or disregard for others.

It is very important to contact an attorney with experience in handling motorcycle accidents. Fighting the bias is a difficult task. It can be done, under the right circumstances with the right attorney. Contact us today to schedule your free case evaluation. If you need an experienced accident lawyer in the San Antonio area, call us at (210) 922-0808.