How Do Insurers Use Rider Bias Against You in WA?

Insurance companies often operate under the unfair assumption that motorcyclists are inherently reckless, a stereotype that can undermine even the most diligent riders. Even if you were wearing full gear and following every traffic regulation, these deep-seated biases typically lead to undervalued claim assessments. Please continue reading as we explore how these prejudices can impact your motorcycle accident claim in Washington and how our determined Motorcycle Accident Lawyers can advocate for your rights. 

Does Rider Bias Show Up in Washington Accident Claims? 

Following a motorcycle accident in Washington, insurance adjusters and even juries frequently operate under the preconceived notion that motorcyclists were traveling too fast or maneuvering recklessly before any evidence is reviewed. These prejudices typically lead to a premature assignment of blame to the motorcyclists, even when the negligent actions of another party are evident. 

While riders who are fully licensed and utilize proper safety equipment challenge these common stereotypes, this responsible image must be deliberately demonstrated rather than taken for granted. A qualified attorney can help collect vital evidence and construct powerful arguments to refute these biases. 

Do Washington’s Helmet Laws Influence Your Claim? 

Washington helmet laws (RCW 46.37.530) require all motorcyclists and their passengers to use a DOT-certified helmet, regardless of their riding experience or age. When a rider fails to wear the proper gear, insurance providers try to leverage this fact to minimize the payout. However, it should be noted that there is a catch for policyholders. 

Given the state’s comparative fault rules, failing to use a helmet only allows the insurance company to reduce damages for specific injuries that would have been avoided or mitigated by proper helmet use, such as a head injury. Nevertheless, simply not wearing a helmet isn’t enough for the defense to succeed in minimizing your recovery. Since not wearing a helmet didn’t cause the accident, they can’t use it to lower your payout for injuries to the rest of your body; it only applies to head trauma. 

Furthermore, lane splitting is illegal. Insurance companies often try to use lane-splitting to claim a rider was being reckless, even if it didn’t actually cause a crash. An attorney can help you challenge these tactics, ensuring your case isn’t unfairly weakened by insurance company bias. 

How Can Washington’s Pure Comparative Fault Rules Benefit Riders?

Washington operates under the comparative negligence rule. This means fault is split up by percentage, and it cannot block you from recovering compensation. Even if you’re slapped with a large percentage of fault, you can still recover compensation for your damages. This is key for riders because, despite rider bias potentially lowering the value of your claim, state law ensures it won’t wipe it out completely. 

If you’ve been injured in a motorcycle accident in Washington, please don’t hesitate to contact an attorney at Calbom & Schwab Law Group, PLLC today for a consultation. Our legal team is prepared to fight for the compensation you’re entitled to.