Laredo Motorcycle
Accident Attorneys

Common Stereotypes That Can Undermine a Motorcycle Injury Claim

• Motorcyclists Are Thrill-Seekers – Many people assume that all motorcyclists engage in speeding, weaving through traffic, or reckless riding. In reality, most motorcyclists are cautious riders who prioritize safety and defensive driving.
• Motorcyclists Are Always at Fault – Insurance companies often argue that motorcyclists are inherently more dangerous than car drivers, shifting blame onto the rider even when the evidence suggests otherwise.
• Riding a Motorcycle Is an ‘Assumed Risk’ – Some insurers attempt to argue that motorcyclists should expect injuries because they willingly choose to ride, implying that they should accept lesser compensation.
• Motorcyclists Are More Difficult to See – While drivers claim they “didn’t see” a motorcyclist, this is often a weak excuse for distracted or negligent driving. A driver’s failure to notice a motorcyclist is not a valid defense for causing a crash.
• Motorcycle Helmets and Gear Are a ‘Cure-All’ – Some insurance adjusters attempt to reduce compensation by arguing that a motorcyclist’s injuries wouldn’t be as severe if they had worn different safety gear. However, even fully protected riders can suffer life-altering injuries due to another driver’s negligence.

How Our Laredo Motorcycle Accident Attorneys Will Challenge These Biases

• Move Fast to Secure Evidence – Our team at Trust Guss Injury Lawyers moves swiftly to collect dashcam or surveillance footage, eyewitness accounts, accident reconstruction reports, and black box data (if available) from other involved vehicles. This allows us to prove exactly how the accident occurred and establish liability without allowing bias to distort the truth.
• Use Expert Testimony to Disprove Myths – We work closely with accident reconstruction experts, medical professionals, and motorcycle safety specialists who can provide factual, science-based testimony. These experts help us demonstrate that the motorcyclist was following traffic laws and that the driver’s negligence was the true cause of the crash.
• Fight Back Against Insurer’s Pressure – Insurers use biased language and misleading arguments to justify lower settlement offers. Our attorneys push back with evidence-driven negotiation strategies, refusing to let these companies unfairly reduce compensation by relying on harmful stereotypes.
• Humanize Our Clients Before a Jury – If a case goes to trial, we make sure jurors see our client as a responsible, law-abiding rider—not just another statistic. We highlight their riding experience, commitment to safety, and the devastating personal impact of their injuries. This approach neutralizes prejudices and builds empathy among jurors.
• Focus on Driver Negligence – Rather than allowing the focus to be on unfair assumptions about motorcyclists, we shift the attention to the negligent actions of the at-fault driver. Whether it was distracted driving, failure to yield, or driving under the influence, we make sure the responsible party is held accountable.

How Insurance Companies Try to Blame the Motorcyclist for a Head Injury

Insurance companies are notorious for using deceptive tactics to reduce their liability, and when a motorcyclist suffers a head injury or traumatic brain injury (TBI), they will often try to shift partial or full blame onto the rider. Adjusters may argue that the motorcyclist was speeding, not wearing a helmet, or engaging in reckless behavior at the time of the crash. Their goal is to use Texas’s modified comparative negligence law to reduce the compensation the victim receives—or deny the claim entirely.

The insurance company may put forward the following arguments on behalf of the negligent driver (the defendant):

• The motorcyclist was riding too fast and contributed to the severity of the crash.
• The motorcyclist failed to wear a helmet, and therefore, the head injury was preventable.
• The motorcyclist was lane-splitting or making unsafe maneuvers that contributed to the accident.
• The driver of the car had limited visibility and could not see the motorcyclist in time.
• The motorcyclist assumed the risk of injury by choosing to ride without additional protective gear.

Texas follows a modified comparative negligence rule with a 51% bar. This means that if an injured motorcyclist is found to be 51% or more at fault, they are barred from recovering compensation. Even if the motorcyclist is assigned less than 51% fault, their damages will be reduced by their percentage of fault. Insurance companies know this and will aggressively try to push as much blame onto the injured rider as possible.