How a Tampa Motorcycle Accident Lawyer Can Persuade A Biased Jury in Motorcycle Accident Cases

The injuries that result in motorcycle accident cases are often very serious. The motorcycle driver involved in an auto accident doesn't have the safety equipment that one finds in today's automobiles. There's no airbag, and there's no seatbelt. In an effort to save money on increasing gas prices, many residents in Tampa, Clearwater and St. Petersburg have taken to riding motorcycles for everyday use. These new motorcyclists often lack the experience which is helpful for avoiding collisions with other vehicles. Unfortunately, motorcycles can be difficult for car drivers to see and that too often creates problems for every motorcyclist, but especially those with less experience.

In addition, personal injury protection (PIP) insurance does not cover injuries that result from motorcycle accidents. That means that if a motorcycle rider doesn't have health insurance, there may be no ability to get the medical attention needed after leaving the hospital emergency room. This is why it's very important for all motorcycle riders to have adequate uninsured motorist coverage in the event that the person who caused the injuries does not have any bodily injury insurance or that the amount is inadequate for the injuries that they caused to the motorcyclist.

Because injuries resulting from motorcycle accidents can be so severe and often accumulate a very significant amount of medical bills, motorcycle cases are more likely to end up in front of a jury. Unfortunately, motorcyclists face additional problems in front of today's juries due to jury biases against motorcycle riders. This bias comes as a result of an impression that those who ride motorcycles are taking undue risks. As a result, a jury is less likely to award adequate compensation for such things as pain and suffering and future medical care. This bias has been ingrained in many jurors as result of television shows and movies in which motorcyclists often portrayed as being overly aggressive or “the bad guys”. They may also be shown to be driving fast and not obeying the rules of the road. Those dramatizations, although fictional, leave an impression upon the jurors that can be reflected in the jurors ultimate decisions as reflected in the jury verdict.

A skilled auto accident attorney understands that these biases exist when presenting the case of the motorcycle accident victim to the jury. Rather than ignore the effects of this bias, the skilled motorcycle accident lawyer will address this issue from the very beginning. For example, the lawyer may ask the judge for something called a “Motion in Limine” that would limit what can be said during the course of the trial by the defendants in order not to add to the bias that already exists.

The experienced Tampa motorcycle accident attorney will also be sure to address the issue of motorcycle bias during the jury selection process. The attorney will ask questions of the jury regarding their bias in order to find out which jurors may have opinions that are so strong in regards to motorcyclists that they will not be able to be impartial in evaluating the evidence and awarding damages for the injuries that result from the motorcycle accident. Because often jurors don't want to appear biased, it takes experience and skill to listen to jurors’ responses that demonstrate their bias and allow the attorney to have the juror dismissed for cause so that they will not be on the panel of jurors that ultimately hears the evidence in the motorcycle accident case.  Even one juror among the six that are ultimately chosen with a significant bias against motorcycle drivers can significantly affect the outcome of the case.  This is particularly true if the bias is held by the type of person who is likely to influence or control the direction of the jury’s deliberations.

Finally, the experienced attorney will continue to address issues of bias during the direct examination of the motorcycle accident victim as well as his before and after witnesses. The experienced personal injury trial attorney may also bring the issue to the forefront during the cross‐examination of the defendant as well as other potential defense witnesses. That way in his closing argument, the attorney for the motorcyclist can bring the issue effectively to the jury's attention so that they would feel it was wrong to allow such bias to influence their decision. In this way, the verdict that the jury reaches for a motorcycle accident victim can be just as fair and adequate as those reached in other types of accident cases.

Our firm has handled a number of motorcycle accident cases with successful outcomes. Tampa motorcycle accident attorney Dale Appell, P.A. has a particular interest in pursuing because of his personal experience with the serious injuries that can result in motorcycle accidents and the inadequate compensation that motorcycle victims may receive. Mr. Appell’s brother was involved in a significant motorcycle accident when his brother was only sixteen years old. An older driver ran a red light, hitting the motorcycle and causing his brother to sustain a crush injury to his right leg. From that experience, Mr. Appell understands the need for motorcycle accident injury victims to be represented by a personal injury attorney with empathy and experience in the court room.

If you've been involved in a motorcycle accident and want to learn more about the best way to proceed with your claim, please feel free to contact Mr. Appell to discuss issues such as medical bills, wage reimbursement and, if necessary, vocational rehab training, as well as learning more about the affect of jury bias on all these things.