Impact of a Jury’s Implicit Bias on Motorcycle Accident Liability
In a perfect world, judges and juries would decide cases based on the facts alone. However, jurors are human beings with their own prejudices. Unfortunately, many people have negative preconceived notions about motorcyclists, leading some jurors to find more fault on the part of the motorcyclist than is present.
While the impact of a jury’s implicit bias on motorcyclist liability may seem daunting, a dedicated motorcycle crash attorney has strategies to counter this prejudice in court, including anticipating a jury’s biases and crafting strategies to counter them.
How Does a Jury’s Implicit Bias Affect Payouts for Motorcycle Crashes in Texas?
More so than in other personal injury claims, juries in motorcycle accident claims tend to ascribe fault for a motorcyclist’s injuries to the rider’s own behavior. Many people hold negative stereotypes against motorcycle operators, often assuming bikers are more reckless than others on the road. Of course, this is not always – or even usually – true.
If a jury allows their biases to lead them to find the biker at fault for their injuries, it can decrease or even eliminate the motorcyclist’s available damages. Texas is a modified comparative negligence state, meaning an injured party can only recover compensation if they are found to be less than 50% responsible for the accident in question.
This gives juries a great deal of power to harm an individual’s chances of obtaining compensation for the effects of their motorcycle wreck. If they do not believe, for whatever reason, that the other driver had more liability in the accident, they could deny the biker any chance at monetary recovery.
Strategies for Securing Compensation Despite a Jury’s Implicit Bias
Due to the serious nature of most motorcycle crashes, securing compensation is often vital for the injured party. An experienced attorney would take the jury’s implicit biases into account when crafting an argument to refute any allegations of responsibility on the biker’s part. A local lawyer could work to overcome the bias by using facts to demonstrate that the motorcyclist did everything they could to avoid the collision.
Further, anticipating the most likely ways a jury would find fault with the biker allows a competent attorney to prepare specific pieces of evidence for a counter argument.
Having a compassionate attorney on your side can make all the difference when mitigating the impact of a jury’s implicit bias on motorcycle accident liability. Reach out to McCraw Law Group to find out how we can help you get the compensation you deserve.