Recovering Damages From a Motorcycle Wreck in Ardmore, OK
Motorcycle accident cases face a problem most other auto cases don’t. The challenge isn’t doctrinal. It comes from cultural attitudes about motorcyclists. Carriers leverage juror prejudice. A Ardmore motorcycle accident lawyer builds the case around defeating juror prejudice.
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:
- Riders take unnecessary risks
- If you ride a motorcycle, you accepted the danger
- Riders are usually speeding
- Riders take unsafe lane positions
- Riders deserve some blame for the inherent risk
These beliefs are often wrong. Studies of crash causation consistently show the at-fault party is usually the car driver.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
Carriers leverage bias by:
- Aggressively challenge fault in clear-liability cases
- Lowballing settlement offers
- Arguing rider contribution
- Pushing cases to trial
Overcoming Juror Bias
Building motorcycle cases for success involves specific strategies.
Critical strategies include:
- Careful jury selection
- Presenting the rider as a regular person
- Teaching jurors what motorcyclists actually do
- Comprehensive crash reconstruction
- Demonstrating the rider’s care
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 energy transfers to the rider’s body.
Ejection From the Motorcycle
Riders are typically ejected from motorcycles in crashes.
After ejection, additional injuries include impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
Head trauma is a major motorcycle injury category. Helmets help but don’t fully protect.
Road Rash
Road rash generates significant abrasion injuries. Can range from minor to severe enough to require skin grafting.
Internal Injuries
Hidden internal damage happen in many motorcycle crashes.
Fractures
Fractures frequently occur.
Spinal Cord Injuries
Spinal injuries may result in paralysis.
Amputation Injuries
Significant trauma can result in amputation injuries.
Permanent Disfigurement
Lasting cosmetic damage affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turning vehicles.
This is the most common motorcycle crash scenario.
The driver typically fails to see the motorcycle or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are common.
Drivers often don’t see motorcycles in their blind spots drives many of these crashes.
Rear-End Crashes
Cars hitting motorcycles from behind cause significant injuries. Stopped motorcycles can be hit by vehicles not anticipating the stop.
Driver Failing to Yield
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Cross-centerline crashes are extremely dangerous.
Distracted Drivers
Drivers using phones, GPS, or other distractions disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Impaired drivers account for many serious crashes.
Road Hazards
Road hazards that don’t significantly affect cars create dangers for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Manufacturing defects or design flaws drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
States have different helmet laws. Some states have universal helmet laws; others require them only for certain riders; no helmet requirements.
Helmet Use and Comparative Fault
Without legal requirements, defense often argues failure to wear a helmet should reduce damages.
This issue receives different legal treatment:
- Some states permit this defense
- Other states bar this defense
- Some states restrict this defense
Helmet Use Where Legally Required
Where helmets are legally required, failure to wear a helmet can support comparative fault.
Helmet Standards and Quality
Defense may still attack helmet quality.
Helmet quality, condition, and certification may matter to the case.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Emergency and trauma center care
- Surgical care
- Hospital stays
- ICU costs
- Rehabilitation
- Ongoing care
- Continuing treatment
- Prosthetics and adaptive equipment
- Home modifications
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle damage or total loss, gear damage, additional property damage.
Pain and Suffering
Pain damages can be substantial.
Loss of Enjoyment of Life
Loss of riding. This supports specific damages.
Mental Health Treatment
Mental health damages. Riding-related anxiety.
Loss of Consortium
Relationship impacts.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
In cases involving particularly egregious conduct may be available.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses despite evidence. Comprehensive accident reconstruction can defeat unsupported speed claims.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“The Rider Wasn’t Visible”
Visibility defenses. This argument often fails because drivers have a duty to look for motorcyclists.
“The Rider Assumed the Risk”
Defense argues riders accepted the inherent risk of motorcycle riding. This argument generally fails because assumption of risk doesn’t typically bar negligence claims.
“The Rider Wasn’t Wearing a Helmet”
Helmet use challenges.
“Comparative Fault”
Comparative negligence.
“Pre-Existing Conditions”
Defense raises pre-existing conditions to challenge injury causation.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even when feeling okay, Internal injuries may develop.
Stay at the Scene Until Police Arrive
Stay put even though injuries may be severe.
Document the Crash Scene
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The bike needs to be locked down. Preserve it for reconstruction.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Riding gear documentation can be evidence.
Don’t Discuss Fault at the Scene
Avoid admitting fault or speculating about cause.
Get a Police Report
Official documentation is essential.
Don’t Speak With Insurance Adjusters Without Counsel
Carrier representatives contact victims promptly. Recorded statements before legal advice can permanently damage the case.
Riding Gear and Damages
Riding gear is relevant evidence.
Evidence of wearing protective equipment supports the case.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. Other drivers often have minimal insurance coverage.
Personal UIM coverage can be critical to recovery.
Checking UIM coverage matters to recovery.
Attorney Costs
Counsel handling these cases earn fees only on recovery. Expert costs run high reimbursed from the recovery.
Move Quickly
These cases need quick attention.
The crash evidence needs immediate protection.
Witness recollections fade quickly.
Video recordings require quick preservation.
The legal time limit sets a hard cutoff.
Connecting with a Ardmore motorcycle accident attorney quickly locks down the critical evidence.