Fighting Bias: How Motorcyclists Get Blamed for Accidents—Even When It’s Not Their Fault
Because When You Ride, You’re Already Starting at a Disadvantage
It’s one of the most frustrating things about being a motorcyclist: you can be doing everything right—riding sober, riding legal, riding smart—and still get blamed when someone else causes a crash.
If you’ve ever heard a driver say, “I didn’t see them,” you know exactly what we’re talking about.
The truth is, riders in Wisconsin face an uphill battle after a crash. Not just physically—but legally. Because when it comes to public opinion, police reports, and insurance adjusters, bias against motorcyclists is real. And it can cost you big if you don’t know how to fight back.
This guide pulls back the curtain on how bias works against riders—and what you can do about it. We won’t give away our full legal playbook (trust us, insurance companies would love that). But we will help you understand what’s happening behind the scenes—and how we protect our clients when the system tries to turn against them.
They Blame the Bike, Not the Driver
Most crashes involving motorcycles are caused by other vehicles. That’s not our opinion—it’s backed by decades of crash data. One of the most common? A driver turns left in front of a rider. They “didn’t see you.” Or they “thought they had more time.”
But when the dust settles, who gets blamed?
You. The rider.
Why? Because the driver has a story, and the story plays into stereotypes:
“The bike was flying.”
“They came out of nowhere.”
“I thought they were farther away.”
These are the same tired excuses we hear in case after case—and insurance companies love them. They use them to argue you were reckless, even when all you did was ride straight down the road.
The Police Report Isn't Always Your Friend
Look, we respect law enforcement. But here’s the deal: not every officer at the scene of a crash understands motorcycle dynamics. They may assume speeding. They may ignore key skid marks. They might talk to the driver first—or only get one side of the story.
And once something is written in the police report?
It’s an uphill battle to challenge it.
That’s why we tell riders: get your version of events on the record—if not at the scene, then as soon as possible afterward. And if the report’s wrong? We’ll help you set it straight.
Insurance Adjusters Are Trained to Doubt You
Here’s where it gets even more frustrating. You’re hurt. You’re missing work. You’re dealing with surgeries, pain, the stress of bills piling up. But when you try to get compensation for what you’ve lost, the insurance adjuster doesn’t see you as a victim—they see you as a motorcyclist.
And to them, that means:
You were probably speeding
You probably weren’t wearing gear
You probably “assumed the risk”
They don’t say it out loud. But you can feel it in every phone call. Every delay. Every lowball offer.
This isn’t an accident. It’s a business strategy.
Juries Have Bias Too—But That Doesn’t Mean We Back Down
Here’s something most law firms won’t admit publicly: jurors can be just as biased as insurers. Some don’t ride and assume you were being reckless. Some think motorcycles are dangerous by default. Some simply don’t understand how little protection a rider really has.
And in a courtroom, that matters.
Now—we’re not about to give up our real strategies for how we overcome that bias in trial. There are too many insurance defense lawyers out there who’d love to mine this page for clues. So if you’re looking for a step-by-step breakdown of how we win these cases… you’re not getting it here.
But know this: we’ve been in those courtrooms. We’ve faced those biases head-on. We’ve heard jurors refer to riders as “organ donors”. And we’ve come out the other side with real victories for riders.
Because there is a way to break through the noise. You just have to know how to tell the story right—and back it up with solid evidence, expert testimony, and grit.
We do.
What You Can Do to Protect Yourself
While we’re not handing out legal strategy for free, we can tell you a few things every Wisconsin rider should keep in mind—before a crash ever happens.
Wear Protective Gear
We’re not here to lecture. But here’s the reality: even though helmets aren’t legally required for riders over 18 in Wisconsin, wearing full gear not only protects your body—it strengthens your case. Insurance companies love to argue that injuries could’ve been prevented “if only you were wearing the right equipment.” Don’t give them that opening.
Use a Helmet Cam or GoPro
You’d be surprised how often video saves the day. A helmet cam doesn’t lie. It shows exactly what you saw, how fast you were going, and how little time you had to react when the car cut you off. It’s your best defense against the “they came out of nowhere” excuse.
Be the One Who Calls 911
Don’t assume the other driver will do it. And don’t leave the scene without a report. Even if you feel okay at first, adrenaline masks injuries. Getting an official record helps lock in the facts before stories change.
Say Less to Insurance—Until You Talk to a Lawyer
You don’t owe them a recorded statement. You don’t have to answer their questions right away. And you definitelyshouldn’t accept a settlement before you know the full extent of your injuries.
Don’t Let Bias Cost You Everything
We’ve had clients come to us after getting turned away by other firms. Too risky, they were told. Too much fault being placed on the rider. Not enough proof.
But we don’t give up just because the deck is stacked. We dig in. We investigate. We work with accident reconstructionists, medical experts, and sometimes even riders from the same area who know the road and how the crash likely happened.
Bias may be real. But it’s beatable.
Why Riders Across Wisconsin Trust McCarthy Motorcycle Law
We don’t just handle motorcycle cases—we focus on them. It’s what we do. That means we don’t treat riders like just another file in the stack of fender-benders and slip-and-falls. We know what you’re up against, and we’re not afraid to call out the double standard when we see it.
Our team knows:
How to explain motorcycle crashes to juries who’ve never ridden
How to push back when insurers blame the rider with no proof
How to dig up the evidence that turns the whole case around
We’ve done it before. We’ll do it again.
You’re Not Alone—Even If It Feels Like It
If you’ve been blamed for a crash you didn’t cause, or you’re worried the insurance company is setting you up to take the fall—call us.
You don’t need to have everything figured out. You don’t need to be sure you want to sue. You just need to know your options—and have someone in your corner who’s seen how this plays out.
We offer:
Free, confidential case evaluations
No payment unless we win
Straight answers and no BS