The last thing you want to happen after a serious accident is having your claim denied. Even when the facts prove that you are a victim, you feel as if you are at fault for your injuries. Unfortunately, you might be facing an unfair stereotype known as biker bias.
An invisible barrier to your recovery
Biker bias refers to the unspoken assumption that insurance adjusters and even some jurors hold. Because you are a motorcyclist, they assume that you must have been seeking a thrill or taking a risk.
As a result, biker bias prevents insurers from considering the other driver’s negligence in the accident. This prejudice causes them to reduce your settlement due to the presumed recklessness.
Your rights under Montana law
You have the right to own and operate a motorcycle. Being a rider does not automatically mean you are liable for someone else’s mistake.
Montana follows the modified comparative negligence system. Under this standard, you can recover damages even if you were partially at fault, provided that your responsibility does not exceed 50%.
Actions to take to prove the facts
While Montana’s modified comparative fault principle offers leeway, insurance companies can use this against your claim. They might argue that you were not following traffic rules or that you lacked the legally required safety gear, but Montana law only mandates helmets for operators and passengers under 18.
If you believe you did not do anything wrong, the best way to approach this matter is to provide substantial evidence. Gathering video footage of your ride prior to the collision and seeking witness testimonies can build a reliable foundation for your injury claim.
Fighting against biker bias with legal help
Biker bias can make the claims process unfair, but you can rebut it by sticking to the facts. Seeking legal counsel from a personal injury attorney can offer guidance on collecting evidence that proves you were not at fault for the accident.