Recovering Damages From a Motorcycle Wreck in Blanchard, OK
Motorcycle cases operate in a uniquely hostile legal environment. The bias isn’t legal. It comes from juror bias against motorcyclists. Carriers leverage juror prejudice. A Blanchard motorcycle accident lawyer brings the right approach to a uniquely challenging area of injury law.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Research consistently shows anti-motorcyclist bias.
Prevailing attitudes that affect motorcycle verdicts including:
- Motorcyclists are inherently dangerous
- Motorcyclists chose to ride and accepted the risk
- Motorcyclists are speeding when crashes occur
- Motorcyclists weave through traffic
- Riders deserve some blame for the inherent risk
These beliefs are often wrong. Research on crash causation shows the at-fault party is usually the car driver.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Insurance carriers know about juror bias.
Carriers leverage bias by:
- Disputing fault even when the driver was clearly at fault
- Making minimal offers
- Arguing rider contribution
- Pushing cases to trial
Overcoming Juror Bias
Successfully handling motorcycle cases requires distinct tactics.
Critical strategies include:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Humanizing the rider
- Teaching jurors what motorcyclists actually do
- Comprehensive crash reconstruction
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
During a crash involving a motorcycle and another vehicle, the rider bears the crash forces.
Ejection From the Motorcycle
Riders frequently come off their motorcycles.
After ejection, additional injuries include 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. Helmets help but don’t fully protect.
Road Rash
Road rash causes severe abrasion injuries. Severity varies widely.
Internal Injuries
Internal organ damage frequent in motorcycle crashes.
Fractures
Bone injuries are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal cord injuries can cause paralysis.
Amputation Injuries
Crush trauma may necessitate amputation.
Permanent Disfigurement
Lasting cosmetic damage creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turning vehicles.
This is the most common motorcycle crash scenario.
Driver inattention to motorcycles or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change incidents account for many crashes.
Drivers often don’t see motorcycles in their blind spots drives many of these crashes.
Rear-End Crashes
Rear-end crashes against motorcycles cause significant injuries. Stopped motorcycles can be hit by vehicles not anticipating the stop.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Cross-centerline crashes are extremely dangerous.
Distracted Drivers
Drivers using phones, GPS, or other distractions fail to see motorcyclists.
Drunk and Impaired Drivers
Impaired drivers are a significant cause.
Road Hazards
Road defects cause crashes for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Component failures can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states require helmets for all motorcyclists; partial helmet laws; 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 allow helmet non-use to reduce damages
- Other states prohibit this argument
- Some jurisdictions limit how this argument can be used
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
Recoverable losses include include:
Medical Costs
- Trauma center costs
- Surgical care
- Hospital stays
- Intensive care if needed
- Rehabilitation
- Continuing care
- Long-term medical needs
- Adaptive equipment
- Home adaptations
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Motorcycle damage or total loss, gear damage, additional property damage.
Pain and Suffering
Pain can be substantial.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This supports specific damages.
Mental Health Treatment
PTSD is common after motorcycle crashes. Loss of the ability to ride.
Loss of Consortium
Relationship impacts.
Wrongful Death
Fatal case damages.
Punitive Damages
In cases involving particularly egregious conduct may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses despite evidence. Reconstruction can counter.
“The Rider Was Weaving”
Weaving defenses.
“The Rider Wasn’t Visible”
“I couldn’t see you”. Visibility duty rests on drivers.
“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-related defenses.
“Comparative Fault”
Defense pushes shared-fault arguments.
“Pre-Existing Conditions”
Prior medical history.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even when feeling okay, motorcycle crash victims often have injuries that aren’t immediately apparent.
Stay at the Scene Until Police Arrive
Remain at the scene until police arrive.
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. Don’t let it be repaired.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Protective equipment may matter to the case.
Don’t Discuss Fault at the Scene
Leave fault determination to investigators.
Get a Police Report
Make sure law enforcement files the report.
Don’t Speak With Insurance Adjusters Without Counsel
Carrier representatives contact victims promptly. Direct insurer communication hurt the case in lasting ways.
Riding Gear and Damages
Riding gear matters to the case.
Evidence of wearing safety equipment defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. At-fault drivers often have inadequate coverage.
Underinsured motorist (UIM) coverage on your own auto policy provides additional coverage.
Checking UIM coverage is important after a motorcycle crash.
Attorney Costs
Counsel handling these cases earn fees only on recovery. These cases require significant investment in accident reconstruction, medical experts, and other specialists paid by counsel.
Move Quickly
These cases need quick attention.
The crash evidence requires preservation.
Witness memories deteriorate over time.
Surveillance footage have limited retention.
Filing deadlines sets a hard cutoff.
Engaging counsel right away triggers preservation steps.