Ask experienced riders and they will tell you: some people assume a motorcyclist in a crash must have been doing something reckless. That assumption does not come from the facts of a particular crash. It comes from stereotypes, and it can follow a rider into the claims process and the courtroom. Recognizing it is the first step to making sure a case is decided on evidence.
How Bias Shows Up in Claims
Rider bias rarely announces itself. It appears in subtler ways:
- An adjuster assigns the rider a share of fault before reviewing video or witness statements.
- A “speeding” accusation appears in the claim notes with nothing to support it.
- Helmet use or licensing status is raised even where neither had anything to do with the crash.
- Settlement offers are discounted on the assumption that a jury will not like the rider.
Under Florida’s 51% rule, these assumptions matter more than ever. Pushing a rider’s fault above 50% eliminates the claim entirely.
How Bias Shows Up at Trial
Prospective jurors bring their own experiences. Some have been startled by a loud bike on the highway or watched a rider weave through traffic. Those experiences can color how they view a rider who did nothing wrong. Jury selection is where these attitudes can be identified, discussed openly, and addressed. Lawyers can ask potential jurors about their views of motorcyclists, and jurors who cannot set aside their assumptions can be challenged.
What Overcomes Bias
Bias loses to specifics. The cases that overcome it share common features:
- Objective evidence of the crash: video, reconstruction, and physical evidence that show what actually happened.
- The other driver’s conduct: distraction, failure to yield, or impairment brought out in deposition.
- The rider as a person: work history, family, safety training, gear, and riding experience.
- Credible, consistent medical evidence connecting the crash to the injuries.
In our experience with vulnerable road user cases, including a bicycle case the firm recently resolved for $500,000 after the defense initially blamed the cyclist, the early narrative often changes once the evidence is developed. Past results do not guarantee future outcomes, but they show why the first story an insurer tells should not be accepted as the final one.
Frequently Asked Questions
Why does the insurer seem to assume I was at fault?
Some adjusters start from assumptions about riders. Those assumptions can be challenged with evidence such as video, witness statements, and reconstruction.
Will a jury be biased against me because I ride?
Some jurors may hold negative views of motorcyclists. Jury selection allows those views to be explored, and jurors who cannot be fair can be challenged.
Does my appearance or my bike affect my case?
Insurers sometimes try to use appearance or bike type to suggest recklessness. Those details are rarely relevant to what caused the crash, and the focus should stay on the evidence.
How can I counter a lowball offer based on rider bias?
By building a factual record: crash evidence, the other driver’s conduct, and thorough medical documentation. Strong evidence changes how a claim is valued.
Working With Licznerski Law, PLLC
Licznerski Law, PLLC is a boutique personal injury and insurance law firm based in Oldsmar, serving riders throughout Hillsborough, Pinellas, Pasco, Hernando, Citrus, Sumter, and surrounding counties, and statewide. When you hire the firm, Alexander Licznerski handles your case personally. Your calls and questions go to your attorney, not a rotating case manager, and the firm keeps a selective caseload so each case gets real attention.
Motorcycle cases also draw on the firm’s insurance coverage and PIP litigation practice. Because riders have no PIP, finding every available source of coverage, including UM, medical payments, household policies, and responsible third parties, is often what determines whether a serious injury is fully compensated.
Motorcycle injury cases are handled on a contingency fee. The written fee agreement explains the percentage and how case costs are handled, including whether you could be responsible for any costs, before you sign anything.
A candid note on HB 837: The 2023 tort reform law changed several rules that matter to injured riders. It shortened the general negligence deadline to two years, adopted the rule that bars recovery for a plaintiff found more than 50% at fault, changed how medical expenses are proven at trial, and eliminated the automatic attorney’s fee award that once applied when an insured successfully sued their own auto insurer. Those changes make early investigation and realistic case evaluation more important, and the firm will tell you plainly how they apply to your situation.
Talk to Your Attorney Directly
If you or someone in your family was hurt in a motorcycle crash anywhere in the Tampa Bay area, you can speak directly with attorney Alexander Licznerski about what happened and what options may be available.
Licznerski Law, PLLC | Oldsmar, Florida
Phone: 813-934-3519 | Web: licznerskilaw.com | Email: [email protected]
Boutique Representation. Real Results. Your Attorney, Not a Case Number.
This article provides general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.