Fighting Stereotypes and Jury Bias After a NY Motorcycle Crash

 Posted on July 08, 2025 in Personal Injury

Motorcyclists can face more than serious, even catastrophic injuries following an accident. They can also face an uphill legal battle thanks to bias and stereotypes. New York jurors may have misconceptions about motorcyclists as being reckless, hard-living, risk-taking individuals. These stereotypes originated from shows like "Easy Rider," but are no longer entirely accurate.

In fact, the number of older motorcyclists has increased significantly, with the median age of motorcyclists now at about 50, rather than 27, as it was a few decades ago. Many motorcyclists are professionals, while many others ride their motorcycles to commute and save money on gas.  These unfair stereotypes can impact the outcome of a personal injury claim, even when the motorcyclist played no part in causing the accident.

Jury bias can reduce the sympathy felt for the motorcyclist, which, in turn, can cast doubt on liability and ultimately affect the damage award. It is essential to have a Metro New York Area personal injury lawyer who understands how these jury biases operate - and who knows how to challenge them effectively.  

How Can Implicit Bias Unconsciously Influence Jurors?

In a perfect world, judges and jurors would look at nothing but the facts of a case when making determinations. Jurors are human beings with their own prejudices, and the biases against motorcycles are well-known. Jurors may decide a personal injury case involving a motorcyclist based on the stereotypes that the motorcyclist was probably speeding or driving recklessly, even when the motorcyclist did absolutely nothing wrong.

If jurors allow these baseless stereotypes to find the biker at fault for his or her injuries, it can decrease or even eliminate damages the motorcyclist needs and deserves. New York City and the state of New York operate under the pure comparative negligence system. This means that even when one person is partially at fault for the accident, he or she can still recover damages, although the amount of compensation will be reduced by the percentage of fault.

So, if jurors find that the motorcyclist is 40 percent at fault – based on nothing more than bias and stereotypes – the motorcyclist’s damage award will be reduced by 40 percent. Motorcyclists often suffer extremely severe injuries that can result in years, or even a lifetime of medical treatments and interventions, along with the inability to work for months, years, or forever.

How Can a Dedicated Motorcycle Crash Attorney Counter These Prejudices in Court?

Experienced motorcycle collision attorneys understand and expect jury biases and stereotypes, and will take a multifaceted approach to counter these prejudices, including:

• Building a strong case based on a thorough investigation that includes evidence gathering, accident reconstruction, available video footage, police reports, and witness statements.
• Clearly proving negligence on the part of the driver by showing the driver failed to yield, was driving while distracted, made an unsafe lane change, or was otherwise driving recklessly.
• Presenting evidence showing the motorcyclist has a history of responsible riding, including obeying traffic laws, possessing a proper license, wearing a helmet, and taking motorcycle safety courses.
• Identifying and excluding any potential jurors who clearly have biases against motorcyclists to ensure the jury is fair and impartial.
• Educating the jury to dispel the myths and stereotypes regarding motorcyclists through expert testimony and evidence.
• Presenting character witnesses who can testify to the motorcyclist's responsible character.
• Educating the jury on motorcycle operation and safety, dispelling the myths regarding reckless riding.
• Presenting the motorcyclist as a person: a parent, a son or daughter, an employee, a friend, a member of the community.

Implementing all these strategies will help the jury view the motorcyclist as a person who was injured by another’s negligence, rather than a reckless, speed-loving individual.

Contact a Metro New York Area Motorcycle Accident Lawyer

If you are a motorcyclist who has been injured by the negligence of a driver, speaking to a New York City motorcycle accident attorney from Ivey, Barnum & O'Mara, LLC can be beneficial. Our attorneys are ready to present your case persuasively, ensuring you receive a full and fair settlement. The attorneys in our firm are actively involved in many civic and charitable organizations. Call 203-661-6000 to schedule your free consultation.