Why Motorcycle Bias Is Still a Problem in Injury Claims — A Conversation with Florida Motorcycle Accident Lawyer Moe DeWitt
Florida is a rider’s paradise. With year-round sunshine and scenic coastal highways, it is no surprise that the Sunshine State is home to one of the largest motorcycle communities in the nation. But for Moses “Moe” DeWitt, founder of JustCallMoe Injury & Accident Attorneys, this vibrant culture has a darker side: a disproportionate number of accidents and a persistent, underlying prejudice that haunts the legal process.
A native Floridian and graduate of Florida State University College of Law, DeWitt has built a reputation as a fierce advocate for the injured. He doesn’t just sit behind a desk; he is a regular legal commentator on Real Radio 104.1 and the founder of Helmet Heads of Florida, a non-profit that has distributed over 2,000 helmets to children to prevent traumatic brain injuries.
In our recent conversation, DeWitt pulled back the curtain on “motorcycle bias”—the invisible hurdle that every rider faces the moment they are involved in a crash.
The Reality of the Ride
When Moe DeWitt opened his firm, the calls from the motorcycle community started almost immediately. He quickly realized that while the mechanics of a crash might be similar to a car accident, the human stakes are drastically different.
“How we handle motorcycle accidents is slightly different, only because the victims typically have sustained more traumatic injuries when compared to car accidents. And fatalities are much more common in motorcycle accidents, so we are working with the families of the deceased.”
These injuries aren’t just minor scrapes. DeWitt often sees “Biker’s Arm,” nerve damage caused when a rider instinctively braces for impact, along with severe road rash, limb loss, and traumatic brain injuries. Because motorcyclists lack the steel cage of a car, the medical bills and recovery times are often astronomical. Yet, despite being the most vulnerable people on the road, riders are often the first ones to be blamed.
Unmasking Motorcycle Bias
To the uninitiated, “motorcycle bias” might sound like a legal theory. To DeWitt, it is a daily reality that shows up before a single legal document is even filed. It’s the assumption that because someone chooses a motorcycle over a sedan, they have “assumed the risk” of being hit by a negligent driver.
“Nearly every motorcycle case we handle has some sort of bias against the motorcyclists. There are times insurance adjusters want to place an unrealistic amount of blame or fault onto the motorcyclists simply because they are motorcyclists who ‘chose’ to ride a motorcycle and not drive a car.”
This bias isn’t always about the mechanics of the crash. It often targets the person under the helmet. DeWitt notes that adjusters and opposing counsel look for any excuse to dehumanize the victim. Whether it is their tattoos, their facial hair, or the gear they were wearing, the goal is to paint the rider as an “outlaw” who doesn’t deserve the public’s sympathy.
“Bias against motorcyclists is a real thing. Oftentimes, people—whether the general public or insurance adjusters—want to put blame on the motorcyclist, even when the accident was in no way their fault. It’s not fair to the motorcyclist in most cases, but it is a reality.”
Fighting the “Outlaw” Fantasy
One of the biggest hurdles DeWitt faces is the pop-culture portrayal of bikers. Decades of movies and television shows have conditioned the public to see motorcyclists as reckless rebels who weave through traffic and ignore the rules of the road.
DeWitt’s experience tells a completely different story. Most riders he represents are hyper-aware of their surroundings because they know that even a small mistake by a distracted driver can be fatal for them. They aren’t the ones driving recklessly; they are the ones constantly scanning for the 5-ton truck that might not see them in its blind spot.
“All of this—for the most part—is a fantasy. Most of the bikers I know are some of the safest drivers on the road because they know just how exposed they are to potential accidents. They take great care in changing lanes, driving the speed limit, and paying very, very close attention to their surroundings.”
To combat these ingrained stereotypes, DeWitt relies on cold, hard data. In a world where a jury might see a “biker,” DeWitt shows them a victim. He uses accident reconstruction, GoPro footage, and medical expert testimony to replace bias with facts.
The Financial Cost of Prejudice
The impact of this bias isn’t just emotional; it’s financial. Insurance companies know that if they can successfully shift even 10% or 20% of the fault onto the rider, they can save thousands or millions of dollars. This is especially dangerous when families are facing a mountain of medical debt and are tempted to take the first check offered.
“For us, we know immediately that the case valuation is usually higher in a motorcycle accident. Because of those injuries, which can keep people from going to work for weeks or months, there are times when motorcycle riders or their families want to accept early settlement offers.”
DeWitt’s advice is simple: don’t let the insurance company’s narrative become the final word. By documenting the scene, gathering witness contact information, and seeking specialized legal counsel early, riders can ensure that their “choice” to ride isn’t used as a weapon against them.
As a member of the National Academy of Motorcycle Injury Lawyers (NAMIL), Moe DeWitt continues to lead the charge in Florida, ensuring that the “Just Call Moe” promise applies to every rider, regardless of the stereotypes they may face. In the end, his goal is to ensure that the facts of the case, not the number of wheels on the vehicle, dictate the outcome.