Adjusters sometimes approach motorcycle cases with assumptions they may not even realize they’re making. Many grew up hearing that riders take unnecessary risks, and those ideas tend to show up subtly in how they review a claim. It’s not always deliberate, but it can shape the questions they ask, the evidence they focus on, and the conclusions they draw about fault.
In Texas, this matters. If they decide you were more than 50% responsible for the crash, you lose the right to recover compensation.
You’re not expected to change someone’s personal views about motorcyclists. What you are able to do is build a record grounded in facts: photos, crash-scene evidence, medical documentation, and independent witness accounts. A strong case leaves far less room for assumptions to fill in the gaps.
If you’re concerned the insurer is already leaning on stereotypes instead of facts, call us at (512) 477-7333. We’ll walk through what happened and explain your options.
Key Takeaways for Your Motorcycle Accident Claim
- Biker bias may influence the adjusters on your case. False views about the recklessness of riders may influence them to argue you are more than 50% at fault, which under Texas law, prevents you from recovering any compensation.
- Objective evidence is your strongest defense. Counter the insurer's biased narrative with factual proof like an expert accident reconstruction, preserved physical gear, and detailed medical records that tell the true story of the crash.
- Control your own narrative, especially online. Immediately document your memory of the accident, challenge errors in the police report, and lock down your social media to prevent the adjuster from twisting your posts against you.
Why the “Reckless Rider” Stereotype Exists (And Why It Matters Legally)
The core of the problem is that the general public (and by extension, many insurance adjusters and potential jurors) typically views motorcycles as "toys" and riders as thrill-seekers. This preconceived notion creates a difficult hurdle before your claim is even evaluated on its merits.
This is a recognized psychological concept called Attribution Bias. When a car driver has an accident, people tend to blame the situation, such as sun glare or heavy traffic. But when a motorcyclist crashes, people are more likely to blame the person, attributing the cause to recklessness or excessive speed.
This bias becomes a powerful weapon for them because of a specific Texas law. Texas Civil Practice & Remedies Code § 33.001, also known as the Proportionate Responsibility rule, dictates how fault is handled in personal injury claims. Simply put, if you are found to be 51% or more responsible for the accident, you are legally barred from recovering any money.
The insurer does not need to prove the accident was entirely your fault. They only need to nudge your percentage of fault just over that 50% threshold. If they succeed, their obligation to pay drops to zero. We do not let them shift that percentage without a fight based on facts.
Common Tactics Adjusters Use to Shift Blame to You
Claiming “Speeding” without Proof
One of the most common arguments is that you were traveling at an "excessive speed." Typically, this accusation is based solely on the severity of the vehicle damage or your injuries, not on any actual evidence. They may ignore the basic physics of a motorcycle crash, where a smaller vehicle absorbs far more force, leading to greater damage and more severe injuries even at lower speeds.
The Lane Splitting Trap
Texas Transportation Code § 545.060 requires vehicles to remain within a single lane, which effectively makes lane splitting illegal in the state. Insurers will seize on this, sometimes accusing you of splitting lanes or weaving erratically even if you were simply repositioning yourself within your lane for better visibility—a common and recommended safety practice.
The Gear Argument
Adjusters may also point to your choice of gear. If you weren't wearing a helmet or brightly colored, high-visibility clothing, they may argue that you "assumed the risk" of your injuries or failed to make yourself visible enough. While Texas law does allow riders 21 and over who have completed a safety course or have medical insurance to ride without a helmet, an insurer will still use the lack of one against you to argue that you were negligent about your own safety and contributed to the severity of your injuries.
Gap Acceptance and Invisibility
Perhaps the most frustrating tactic is the "I didn't see him" defense. The other driver will claim you "came out of nowhere," and the adjuster will use this to argue that you were either going too fast for conditions or that your motorcycle's small size made you inherently hard to see. This argument unfairly shifts the legal burden of awareness from the driver who failed to look properly onto you, the rider.
Controlling the Narrative: Steps to Take from Home
The insurance adjuster is already building their case against you; it's time to build yours.
1. Scrutinize the Crash Report
Police officers are human, and they are influenced by the same biases as everyone else. If you were unconscious or transported from the scene and only the other driver was there to give a statement, the initial report may be skewed in their favor.
Your first action should be to obtain a copy of your Texas Peace Officer's Crash Report (CR-3). Look for codes and narrative descriptions. Does it incorrectly list "Unsafe Speed (Motorcycle)" as a contributing factor while listing "Driver Inattention" for the car? If the report contains factual errors or a biased summary, it's possible to request an amendment. This needs to be addressed immediately.
2. Preserve Your Gear
Do not throw away your helmet, jacket, pants, or gloves. Do not wash them. Your gear is physical evidence. The scuffs on your jacket, the cracks in your helmet, and the tears in your jeans tell the story of the crash. They show the points of impact and the direction of force, helping to reconstruct the accident and counter the adjuster's false narratives about how the crash happened.
3. Gather “Character” Evidence
The insurance company wants to paint a picture of you as a reckless individual with a history of risky behavior. We counter this by painting a picture of a safe, responsible rider. Dig up any certificates you have from Motorcycle Safety Foundation (MSF) courses or other advanced rider training. Find your bike's maintenance logs that show you keep it in safe working order. A clean driving record also serves as powerful evidence against the "reckless biker" stereotype.
4. Write Your Narrative Immediately
Memories fade and details get fuzzy, especially after a traumatic event. As soon as you are able, write down everything you remember about the accident and be as specific as possible. Instead of "I was riding in my lane," write "I was in the left third of the lane to ensure I was visible in the driver's side mirror of the truck ahead of me." These small, precise details add credibility and make it much harder for an adjuster to poke holes in your story with vague accusations.
Social Media: Do Not Feed the Stereotype
The insurance adjuster will search for your social media profiles on Facebook, Instagram, TikTok, and anywhere else they find you.
What They Are Looking For
Adjusters and their investigators are looking for anything that contradicts your claim or reinforces the "reckless rider" stereotype.
- A "Pattern of Behavior": They will dig through years of your posts looking for photos or videos of you popping a wheelie, riding at a track day, or even just a post where you joked about speeding. Even if it was from five years ago, they will use it to suggest to a jury that you have a consistent pattern of reckless behavior.
- Contradicting Your Injuries: You might post a photo of yourself smiling at a family BBQ to let friends and family know you're okay. The adjuster will save that photo and use it to argue that your debilitating back injury claim is exaggerated. A simple "I'm fine" post can be misinterpreted to mean you are not seriously injured.
What You Should Do
- Set all accounts to private. This is the first and most important step.
- Do not accept friend requests from anyone you don't know. Investigators sometimes create fake profiles to gain access to your information.
- Stop posting about the accident entirely. Do not share updates, photos, or feelings about your recovery.
A good rule of thumb is this: Assume that every single picture, comment, and like will be printed out and shown to a jury.
How We Counter Bias with Science and Law
We fight back with physics, medicine, and the law. We do not engage in a "he said, she said" argument, because that is where bias thrives.
We may work with accident reconstruction specialists. These are engineers and former law enforcement officers who analyze the physical evidence, such as skid marks, crush depth on the vehicles, and the final resting positions of you and your bike, to mathematically calculate speeds and impact angles. When our expert's report proves you were traveling at 45 mph, the adjuster's feeling that you were speeding becomes irrelevant.
We also use your medical records as a tool. A doctor or biomechanical expert explains how a specific type of fracture is consistent with a side-impact from a car turning into you, and inconsistent with the type of injuries sustained from a high-speed slide where you lost control. This transforms your injuries from a point of contention into a roadmap of what actually happened.
FAQ for Motorcycle Insurance Claims
Does not wearing a helmet affect my settlement in Texas?
It might. While it does not change who was at fault for causing the crash, the insurance company will likely argue that you failed to mitigate your damages. This means they will claim your head injuries would have been less severe if you had worn a helmet, and they may try to reduce your compensation for those specific injuries.
Can I still get paid if I was partially at fault for the accident?
Yes, as long as your share of the fault is 50% or less. Texas's proportionate responsibility rule reduces your final compensation by your percentage of fault. If you are found 51% or more at fault, you get nothing.
Why is the insurance adjuster asking for a recorded statement?
Adjusters ask for recorded statements to find inconsistencies in your story that they might use against you later. They are highly skilled at asking questions that could be confusing or lead you to say something that unintentionally hurts your claim. We recommend you politely decline to provide a recorded statement until you have spoken with a motorcycle accidents attorney.
The police report says I was speeding, but I wasn’t. Is my case over?
No. A police officer's opinion on a report is not the final word. In fact, police reports themselves are sometimes considered hearsay and may not be admissible as evidence in some court proceedings. We challenge the officer's conclusion using physical evidence from the scene, accident reconstruction, and witness testimony.
Does Texas have specific laws protecting motorcyclists from insurance discrimination?
While there is not a specific statute titled the "anti-biker-bias" law, Texas does have laws against insurance bad faith. If an insurance company denies or devalues your claim without conducting a reasonable and fair investigation into the facts, they could be acting in bad faith. Using a stereotype as the sole basis for a decision, in the face of contrary evidence, could potentially be considered an element of bad faith.
You Are a Rider, Not a Stereotype
You are an injured person who was in the wrong place at the wrong time, and you deserve to have your case evaluated on its facts, not on outdated prejudices.
We work to force the insurance company to focus on the other driver's negligence, not on your choice of vehicle. Let us handle the bias, the paperwork, and the legal arguments so you can focus on what truly matters: your recovery.Don't let a stereotype dictate the outcome of your claim. Call Lorenz & Lorenz, PLLC today at (512) 477-7333 for a free consultation.