Recovering Damages From a Motorcycle Wreck in Ada, OK
Motorcyclists fight an uphill battle in personal injury law. The bias isn’t legal. It comes from juror bias against motorcyclists. Insurers exploit this bias. An attorney familiar with the juror bias problem in motorcycle cases brings the right approach to a uniquely challenging area of injury law.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Studies consistently show juror bias against motorcyclists.
Many jurors hold beliefs that affect verdicts including:
- Motorcyclists are inherently dangerous
- Riders assumed the risk
- Riders are usually speeding
- Riders take unsafe lane positions
- Riders deserve some blame for the inherent risk
These attitudes don’t match the data. Crash data demonstrates motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
Insurers use the bias to:
- Aggressively challenge fault in clear-liability cases
- Making minimal offers
- Pushing comparative fault arguments
- Forcing trial in cases that would normally settle
Overcoming Juror Bias
Effective motorcycle case litigation involves specific strategies.
Key methods include:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Humanizing the rider
- Educating jurors about the realities of motorcycle riding
- Presenting accident reconstruction evidence
- Showing the rider’s safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Riders are exposed in ways car drivers aren’t.
During a crash involving a motorcycle and another vehicle, the motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Riders frequently come off their motorcycles.
Following ejection, injuries can come from striking the road, striking other vehicles, striking objects, being run over by other vehicles, sliding on the pavement.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding on pavement produces severe skin damage. Severity varies widely.
Internal Injuries
Hidden internal damage are common in motorcycle crashes.
Fractures
Multiple fractures throughout the body are common.
Spinal Cord Injuries
Spinal cord injuries can cause paralysis.
Amputation Injuries
Crush trauma can require amputation.
Permanent Disfigurement
Lasting cosmetic damage creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This is the most common motorcycle crash scenario.
Driver inattention to motorcycles or fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are common.
Failure to see motorcycles in blind spots causes many incidents.
Rear-End Crashes
Vehicles rear-ending motorcycles can be particularly dangerous. At signals or stop signs.
Driver Failing to Yield
Drivers failing to yield to motorcyclists.
Vehicles Crossing Centerlines
Head-on crashes can be catastrophic for motorcyclists.
Distracted Drivers
Drivers using phones, GPS, or other distractions fail to see motorcyclists.
Drunk and Impaired Drivers
Impaired drivers cause many motorcycle crashes.
Road Hazards
Road conditions cause crashes for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Manufacturing defects or design flaws can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states have universal helmet laws; partial helmet laws; no helmet requirements.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, Defense argues comparative fault for not wearing helmets.
Different jurisdictions handle this differently:
- Some states allow helmet non-use to reduce damages
- Other jurisdictions don’t allow this defense
- Some jurisdictions limit how this argument can be used
Helmet Use Where Legally Required
In states with mandatory helmet laws, helmet non-use can reduce damages.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Type of helmet worn can affect damages analysis.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Emergency and trauma center care
- Surgery costs
- Hospital stays
- Critical care
- Rehabilitation
- Ongoing care
- Long-term medical needs
- Prosthetics and adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Motorcycle replacement, gear damage, plus other property damage.
Pain and Suffering
Physical pain and suffering can be substantial.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This is recoverable.
Mental Health Treatment
PTSD is common after motorcycle crashes. Loss of the ability to ride.
Loss of Consortium
Spousal damages.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
Punitive damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” even when contradicted by evidence. Expert testimony can rebut.
“The Rider Was Weaving”
Weaving defenses.
“The Rider Wasn’t Visible”
Defense argues the rider’s visibility. Drivers must look for motorcycles.
“The Rider Assumed the Risk”
Defense argues riders accepted the inherent risk of motorcycle riding. This defense is generally unsuccessful.
“The Rider Wasn’t Wearing a Helmet”
Helmet use challenges.
“Comparative Fault”
“You contributed too”.
“Pre-Existing Conditions”
Defense raises pre-existing conditions to challenge injury causation.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even with apparently minor symptoms, Hidden injuries are common.
Stay at the Scene Until Police Arrive
Stay put until law enforcement responds.
Document the Crash Scene
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The motorcycle itself is critical evidence. Don’t let it be repaired.
Get Witness Information
Witness identification.
Photograph Your Gear
Riding gear documentation may matter to the case.
Don’t Discuss Fault at the Scene
Leave fault determination to investigators.
Get a Police Report
Official documentation is essential.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters call quickly. Statements without legal advice create problematic admissions.
Riding Gear and Damages
Riding gear matters to the case.
Evidence of wearing appropriate riding gear defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. Other drivers often have minimal insurance coverage.
Your own UIM coverage can be critical to recovery.
Verifying available coverage is important after a motorcycle crash.
Attorney Costs
Lawyers experienced with motorcycle crashes work on contingency. These cases require significant investment in accident reconstruction, medical experts, and other specialists advanced by the firm.
Move Quickly
Motorcycle accident cases require prompt action.
The motorcycle and other physical evidence must be preserved.
Witness memories require prompt investigation.
Surveillance footage get overwritten on short retention cycles.
OK’s statute of limitations continues running.
Getting an attorney involved promptly positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.