Fighting Anti-Motorcycle Bias in Personal Injury Claims

For riders injured in a motorcycle crash, the road to justice can be more difficult than it should be, not because of the facts of the accident, but because of the persistent and unfair bias against motorcyclists. Insurance companies, juries, and even law enforcement sometimes view riders through a lens clouded by stereotypes. At William E. Weiss, Attorney at Law, we’ve been standing up for the rights of Bay Area riders for decades. We know the challenges motorcyclists face, and we know how to push back against the prejudice that can get in the way of fair compensation. Contact Williem E. Weiss today for honest, fair, and aggressive pursuit of justice from an experienced San Francisco motorcycle accident lawyer.

Where Does the Bias Come From?

The bias against motorcycle riders stems from long-standing misconceptions. Some people assume that motorcyclists are reckless thrill-seekers who ride too fast, weave through traffic, and disregard safety. These stereotypes have been fueled by movies, media portrayals, and a general misunderstanding of motorcycle culture. The truth, of course, is very different. Most riders are safety-conscious, experienced, and well aware of the risks they face on California’s roads.

Yet despite the facts, these assumptions persist. And when an accident happens, the bias can show up in subtle but harmful ways—in police reports that lean in favor of the driver of a larger vehicle, in insurance adjusters who question the rider’s actions without evidence, or in jurors who assume the rider was at least partially at fault simply because they were on a motorcycle.

How Bias Affects Motorcycle Injury Claims

Anti-motorcycle bias can impact every stage of an injury claim. When police arrive at the scene of a crash, they may be more likely to believe the driver of a car than the motorcyclist, especially if the rider is too injured to give a statement right away. The resulting police report can then be used by insurance companies to minimize liability or deny a claim altogether.

Insurance adjusters may also attempt to lowball settlement offers, assuming jurors won’t be sympathetic to a motorcyclist if the case goes to trial. If a case does proceed to litigation, these assumptions can influence how a jury evaluates fault, even if the facts clearly show the rider was not to blame. Jurors may be less inclined to award full damages for pain and suffering, or they may unfairly assign a percentage of fault to the rider without justification.

We have seen many instances of biased police reports when the injured biker is a member of a club, especially if he is wearing a cut with a three-piece patch. We have seen a number of cases where law enforcement refused to take critical witness information, such as name and phone number, instead telling witnesses to move on and that their information is not needed. In some cases, the officers would come to the hospital to get the biker’s statement and then take their cut as a souvenir. They have even tried to take it at the scene of the accident or while the rider was in the ambulance. If the biker was conscious and refused to give it to the police or objected, the police report would be especially biased against them. We have heard of police hanging up the cut at the station as a souvenir. These things really happen and make the case much more difficult. We are experienced at dealing with situations like this.

Strategies for Overcoming Motorcycle Bias

Successfully fighting this bias requires an experienced legal strategy. William E. Weiss, Attorney at Law, approaches motorcycle accident cases with the understanding that he may have to educate insurers, opposing counsel, or jurors about who his clients really are and what actually happened on the road. He relies on a combination of facts, expert evidence, and real-world context to make sure his clients are treated fairly.

Here are a few key steps we take to combat anti-motorcycle bias in personal injury claims:

• Thorough investigation: We don’t rely on assumptions or incomplete police reports. We gather physical evidence, witness statements, traffic camera footage, and crash reconstruction data to tell the true story of how the accident occurred.

• Expert testimony: We work with accident reconstructionists, biomechanical experts, and medical professionals who can explain the mechanics of a motorcycle crash and the severity of injuries in terms that jurors and insurers understand.

• Humanizing our clients: We present our clients as the people they are—responsible individuals with families, jobs, and a deep respect for the road. We break through the “biker” stereotype with facts, character witnesses, and personal stories that reveal the full picture.

• Countering stereotypes head-on: In trial, when appropriate, we address the bias directly. By acknowledging and defusing it, we take away its power and refocus the jury on the actual evidence.

California Law Is on Your Side—If You Have the Right Advocate

California is a comparative negligence state, which means injured parties can recover compensation even if they are partially at fault. But this rule can also be misused if bias leads to an inflated finding of fault against the rider. Without an attorney who understands how to combat this kind of prejudice, a motorcyclist could end up with a reduced or denied claim based on perception rather than reality.

At William E. Weiss, Attorney at Law, we have a deep appreciation for the riding community. We know that riders are often more skilled and more vigilant than the average driver because they have to be. We also know that motorcycle crashes often involve serious, life-changing injuries, from broken bones to brain trauma, and that full compensation is critical for recovery. That’s why we fight to make sure our clients are treated fairly—by insurance companies, by opposing lawyers, and by the legal system.

Contact Attorney William E. Weiss Today

William E. Weiss has spent his career defending the rights of motorcycle riders in the Bay Area and beyond. He’s not just an attorney; he’s a passionate advocate for the biker community, a familiar face at motorcycle events, and a proven fighter in the courtroom. If you’ve been hurt in a crash, don’t let bias stand between you and the justice you deserve.

Call today for a free consultation. We’ll listen to your story, assess your case, and help you understand your options. You’ve already been injured once; don’t let the system hurt you again.