Seems you can't thumb through a motorcycle rag these days without being subjected to the carefully stylized image of a leather clad attorney touting his or her nearly superhuman skills when it comes to defending "your rights". The more succinct of the ads get right to the bottom-line, "We freedom loving riders at Dewey, Cheatem, and Howe (not a real firm, or is it!?) will get you more money for your accident now!" Can't get more direct than the promise of free dough! And in the end, isn't that what we want? Isn't it? Even if we need the slithery skills of a sewer dwelling lawyer, someone has to pay.......it's our right dammit!
Let's face it, all real Americans hate lawyers (their own attorney excluded of course), there are few professions viewed with such disdain........with the exception of perhaps investment bankers, and rightfully so. But why you ask? Simple, because almost without fail they ultimately destroy that which they proclaim to save. It's inevitable, like a democrat's opposition to tort reform, funny how that works.
If I get hit and crash, or even if I go down through no fault of anyone else, shouldn't I be entitled to recover some money? Maybe so, after all, we're "entitled" to just about everything else, so why not? But have you ever thought about where that huge settlement comes from? Wrong. This is one instance where the government isn't writing the check. Let's think it through Sparky.
The money comes from a number of sources, namely the motorcycle industry itself. But isn't that OK, I mean they have deep pockets right? Wrong again. The vast majority of both retailers and manufacturers in motorcycling are small businesses with hardly any pockets to speak of, let alone deep ones. In a typical claim, the lawyers go after (sue) every business, product, and person that ever had a transactional relationship with the victim (and in many cases even those that never had any dealings with the plaintiff at all).
No matter the nature of the accident, or even who's at fault, everyone gets sued, and I mean everyone. Aside from the all too obvious ethical issues this "strategy" conjures up; from a very practical perspective, what difference does it make if I sold you the pair of boots you were wearing on the day, after downing copious quantities of liquid courage, you attempted your very best Jason Britton imitation and slammed head first (uh-oh, forgot to wear a helmet....) into your neighbors parked minivan? The obvious answer, to anyone other than an attorney, is absolutely none. But I'll be named in the suit anyway, because that's the way its done.
What's even worse is, I'll probably pay, or at least my insurance company will, if for no other reason than to make the whole damn nuisance go away. And when you start adding up all those individuals and companys paying to make it "go away", that whole "sue 'em all, let a judge sort 'em out" strategy really begins to make a lot of sense....for the lawyers anyway.
The fact is, lawyers and the legal system they've created (remember, there's a good chance your favorite legislator is a damn lawyer too) drive good businesses under, and make every aspect of motorcycling more expensive. Think riding gear costs too much? Can't find a good local dealer that stocks actually stocks product? Wish there were cheaper motorcycles to buy? Wonder why your favorite riding area just closed down? Why is your insurance so expensive? Airbags on a motorcycle!? Thank your friendly neighborhood lawyer.
But you're a good American, you're not one of "them", what can you do end this cycle of economic and ethical madness? It's easy, first off , don't support the "motorcycle accident attorneys". If you're in the motorcycle industry, don't let them buy ads in your publications or sponsor your events. Whatever you do, don't let them attend your events (in my past life as the marketing head of the largest accessories retailer in motorcycling, we never took a dime from any law firm, although under the new regime I would wager that policy is sadly in danger), or support them in any fashion. I know times are tough, but stand firm, sell ads to drug dealers, at least they're up front about their product.
As a rider, take some responsibility for your actions, every accident isn't a lottery ticket waiting to be cashed in. If you screw up, accept the consequences, and move on. Or better yet, pass up the opportunity to collect when you know you have no legitimate claim to do so, no matter what that ambulance chaser is telling you. In short, do the right thing, not the personally profitable one.
Lastly, push for common sense tort reform. The only way we can end this idiocy for good is too stop giving these bums and their clients license to game the system for their own profit. As long as folks can get something for nothing (no recourse contingency fees have to go), accident attorney's will be around to facilitate the process. The sad fact is, if we do nothing, greed enabling lawyers will eventually kill motorcycling for all of us.
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