OMAHA, Nebraska. Motorcyclists might be perceived as dare devils by the popular media, but the reality is much further from the truth. Most riders are cautious behind the wheel. Many take steps to get as much training as they can to be safer while riding. Riders are also more likely to abide by the rules of the road. After all, when a motorcyclist breaks the law, the person most likely to get hurt in a crash is the person without the protective chassis of a car. Do motorcycle accident victims face bias from insurers, the courts, and juries?
Some claim that they do.
According to Cycle World, some motorcycle riders are finding that their employers are refusing to cover health care costs for injuries sustained in a motorcycle crash. As a way to cut costs when providing benefits to workers, employer-provided health plans might exclude injuries sustained in certain activities from coverage. According to Cornell Law, a plan might exclude covering head injuries sustained while riding a motorcycle from coverage. Many riders consider this bias because injuries sustained in car crashes or other situations would generally be covered by a health plan. Individuals who are covered by their employers might want to take the time to review their health plan’s exclusions to ensure that they are covered in the event of a crash. In some cases, motorcyclists are wise to purchase supplemental coverage. Yet, this puts the burden of additional insurance on the rider.
Yet, the bias can also be subtle. Riders might have a reputation for being “trouble makers” and this can lead riders to face increased scrutiny from police while riding, and it may also lead to bias from insurance companies or even juries when riders are seriously injured through no fault of their own. If a motorcyclist, for example, suffers a serious or catastrophic injury due to a driver’s actions, the driver might try to paint the motorcyclist as a risk-taker to reduce the rider’s recovery should the case go to court.
The law can be complex. CNN recently reported on a case in which a motorcyclist slowed down and the vehicle behind rear-ended the rider. Usually, the vehicle in the rear is found at fault for a crash, but the case could be complicated if the driver in the rear claims the driver in front stopped suddenly. Rear-end collisions might not always be a big deal when two cars are involved, but when the person who is injured is a motorcycle rider, the injuries can be serious or life-altering. In the case described by CNN, one of the motorcyclist may have suffered spinal cord injuries.
Rensch & Rensch Law are motorcycle accident attorneys in Omaha, Nebraska who work hard to fight bias against riders. Our firm understands how devastating motorcycle accidents can be. We work closely with victims and their families to seek justice for riders. Whether you need help making an insurance claim or need assistance in pursuing a personal injury lawsuit after a motorcycle accident, Rensch & Rensch Law can help.