It was a typical car-on-motorcycle collision, like so many the Central and Syracuse New York motorcycle lawyers of Michaels Bersani Kalabanka have handled over the years. The car operator had a stop sign, and the biker did not. But, as often happens, the car driver did not notice the motorcyclist, and left the stop sign, violating the biker’s right of way. Crash!
I am preparing for my Central New York motorcycle injury trial soon. And in motorcycle injury cases, picking a fair jury is both difficult and crucial. Why? Because many jurors want to blame the motorcycle rider for his injuries merely because he was riding a motorcycle.
The remedy for this bias? Aggressive “voir dire”. What’s that? That’s where the lawyers get to ask prospective jurors questions to find out if they can be fair. I will ask lots of questions designed to ferret out hidden biases against motorcycles and bikers. At the same time, I will be educating the prospective jurors that New York motor vehicle accident law does not allow them to blame the biker for being on a motorcycle. They must blame only the driver who violated the rules of the road, and in this case, that was the car driver.