How Juror Bias Can Work Against Motorcyclist Injury Lawsuits
Consciously or not, many people called for jury duty may hold inherently negative perceptions about motorcyclists. Those biases can spill over into the deliberation process when assigning fault for a crash. This is particularly harmful to an injured rider’s chances for compensation in Georgia, where an injured person cannot recover damages if they are found to be more than 50 percent at fault for an accident.
Stereotypes surrounding motorcyclists are largely a product of movie and television fiction, wherein riders are often depicted as rebels and even as scofflaws. In reality, motorcyclists come from all walks of life and include commuters, military veterans, retirees, health care professionals, CEOs, parents and other people who ride for transportation or recreation. The great majority are law-abiding, but even experienced riders who follow traffic laws may be injured because another driver failed to yield, changed lanes without looking or simply overlooked a motorcycle in traffic. Yet jurors who have never ridden a motorcycle themselves may misunderstand how motorcycles accelerate, brake, maneuver or respond to road hazards. That lack of familiarity can often cause people to fall back on stereotypes.
An experienced motorcycle accident attorney knows to address potential bias starting at the onset of a trial. During jury selection (voir dire), an attorney can ask questions designed to uncover candidates’ hidden attitudes about motorcycles and determine whether they seem able to put aside their biases to deliver evidence-based verdicts. That can help weed out those who bring unwavering opinions into the jury box. Simply addressing the possibility of bias may be enough to make jurors conscious of the opinions they hold and more determined to act fairly.
Expert witnesses can also help counter misconceptions among jurors. Accident reconstruction specialists, motorcycle safety experts and other qualified professionals can explain how the collision occurred and the dynamics of a motorcycle’s operation. Their testimony may help jurors understand facts that are outside the experience of most drivers.
Character witnesses and other evidence about the injured rider can also help. Friends, family members, employers or others who know the rider may be able to humanize a rider, removing them from the nameless, faceless stereotype that jurors imagine when they think about bikers. These witnesses can also speak to the injured rider’s safety habits, experience and sense of personal responsibility.
Finally, jury charges are important. Attorneys can request jury instructions that place a special emphasis on the need for jurors to make decisions based on the evidence they have been shown, rather than on their personal opinions.
Motorcycle accident cases often end up in court because they involve serious injuries and significant financial losses. Skilled motorcycle accident lawyers know that they must from the start get ahead of the assumptions people make about motorcyclists.
At the Law Office of S. Mark Mitchell, LLC in Newnan, Georgia, I represent victims of motorcycle crashes in the Southwestern Atlanta Metro. If you have been injured in such an accident, call my office at 470-344-8550 or contact me online to schedule a free consultation.
