How Bias Against Riders Affects Motorcycle Accident Claims in Alberta
Motorcycle riders face unique risks on Alberta roads — not only from careless drivers but also from **bias** when it comes to insurance claims.
Even when a crash is clearly caused by another motorist, insurers and sometimes even police or witnesses assume the motorcyclist must have been **speeding, reckless, or "taking chances."** These stereotypes can lead to **reduced settlements, unfair fault assessments, and prolonged disputes** with insurance companies.
As Alberta motorcycle accident lawyers, we've seen how this bias impacts riders after a crash — from the moment they file a claim to the final negotiation. Understanding how and why this happens is critical to protecting your rights and maximizing your recovery.
This guide explains:
The Reality of Bias Against Motorcyclists
Many people — including insurance adjusters, witnesses, and even jurors — carry subconscious assumptions about motorcycle riders. They picture riders as thrill-seekers, risk-takers, or people who 'knew what they were getting into.'
The Truth:
How Bias Creeps Into Motorcycle Claims
Bias can appear at every stage of the claims process — from the initial investigation to final settlement negotiations.
Police Reports and Fault Determination
Police officers responding to an accident sometimes make assumptions based on the scene: a damaged bike, scattered gear, and an injured rider can create an immediate impression that 'the motorcyclist must have been speeding.' If witnesses are car drivers, their statements may reinforce that assumption — especially if they didn't see the crash clearly. These early biases can shape fault findings that insurers later rely on.
Insurance Adjuster Assessments
Adjusters often assume motorcycle riders are partly responsible for crashes, leading to unjust fault allocations (e.g., 50/50 splits) even when other drivers are clearly at fault (failed to yield, unsafe turn). Insurers may undervalue motorcycle injuries, claiming the rider "accepted the risk" by choosing a motorcycle.
Witness Credibility and Public Perception
Witnesses unfamiliar with motorcycle handling might misinterpret crash events, for example, saying "The bike came out of nowhere" when the driver simply didn't check their blind spot. These biased observations can distort the narrative when presented to insurers or courts.
Medical Assessments
Insurers sometimes downplay the seriousness of motorcycle injuries by suggesting the rider "chose" a dangerous mode of transportation or that certain injuries were "inevitable."
Settlement Negotiations
Bias also shows up during settlement talks. Insurers may offer **lower amounts** to motorcycle riders, assuming they're 'partly responsible' for their own injuries or that jurors will be unsympathetic if the case goes to court.
Each of these biases can be countered with objective evidence, expert analysis, and skilled legal representation.
Steps to Protect Yourself From Bias After a Crash
Following these steps immediately after a motorcycle accident can help protect your rights and minimize bias-based challenges:
Call 911 Immediately
Police reports matter. Ensure your version of events is recorded clearly and accurately.
Gather Your Own Evidence
Take photos of the scene, vehicles, road conditions, and any skid marks or damage.
Collect Witness Details
Get names and contact information for anyone who saw the crash — especially neutral witnesses.
Avoid Speculation or Admitting Fault
Don't apologize or guess what happened; stick to facts only.
Get Medical Care Promptly
Early medical records help prove your injuries were caused by the crash, not pre-existing conditions.
Consult an Alberta Motorcycle Accident Lawyer Early
Legal representation ensures evidence is preserved, insurers are held accountable, and bias-based arguments are challenged from day one.
How a Lawyer Overcomes Rider Bias
An experienced Alberta motorcycle accident lawyer provides essential support to counter bias and secure fair compensation:
Challenging Fault Allocations
Using evidence to correct inaccurate police or insurer findings.
Presenting Technical Proof
Employing accident reconstruction experts to show how the crash actually happened.
Gathering Expert Medical Testimony
Demonstrating injury causation and severity.
Countering Stereotypes
Highlighting responsible riding behavior and proper safety gear use.
Negotiating Strategically
Ensuring settlements reflect injury severity, not insurer prejudice.
Frequently Asked Questions
Conclusion
Bias against motorcycle riders is real — and it can significantly reduce the value of your Alberta accident claim if not addressed. Insurers and even investigators sometimes rely on stereotypes instead of evidence, but Alberta law is clear: **every driver has an equal right to safety and fair compensation.**
Bias can influence fault, compensation, and claim timelines.
Evidence and expert testimony are the best ways to overcome prejudice.
Alberta law protects riders equally under the Traffic Safety Act and Tort principles.
Legal representation is essential to ensure your case is judged by facts, not assumptions.
Injured in a motorcycle accident in Alberta?
Contact us today for a free consultation. No fee unless we win.