Motorcycle Accident Claims in Collinsville, OK
Motorcycle accident cases face a problem most other auto cases don’t. The hostility doesn’t come from the law. It comes from juror bias against motorcyclists. Carriers leverage juror prejudice. 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
Research consistently shows anti-motorcyclist bias.
Many jurors hold beliefs that affect verdicts including:
- Motorcyclists are reckless
- If you ride a motorcycle, you accepted the danger
- Riders are usually speeding
- Motorcyclists weave through traffic
- Motorcyclists are partly to blame for any crash
These attitudes don’t match the data. Studies of crash causation consistently show car drivers cause most car-motorcycle crashes.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
They exploit it through:
- Pushing comparative fault even with weak evidence
- Lowballing settlement offers
- Pushing shared-fault theories
- Refusing to settle reasonable cases
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
- Teaching jurors what motorcyclists actually do
- Strong expert testimony
- Showing the rider’s safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Riders are exposed in ways car drivers aren’t.
When a car hits a motorcycle, the rider bears the crash forces.
Ejection From the Motorcycle
Riders are typically ejected from motorcycles in crashes.
Following ejection, injuries can come from secondary impacts and sliding.
Distinctive Injury Patterns
Traumatic Brain Injury
Head trauma is a major motorcycle injury category. Even with helmets, TBI risk remains.
Road Rash
Road rash produces severe skin damage. Severity varies widely.
Internal Injuries
Internal injuries from blunt force trauma frequent in motorcycle crashes.
Fractures
Multiple fractures throughout the body are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal injuries may result in paralysis.
Amputation Injuries
Crush injuries and severe trauma can result in amputation injuries.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This is the leading crash type.
The driver typically fails to see the motorcycle or misestimates speed/distance.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists account for many crashes.
Failure to see motorcycles in blind spots accounts for many lane-change crashes.
Rear-End Crashes
Vehicles rear-ending motorcycles cause significant injuries. At signals or stop signs.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Cars crossing centerlines into oncoming motorcycle traffic can be catastrophic for motorcyclists.
Distracted Drivers
Inattentive drivers fail to see motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers cause many motorcycle crashes.
Road Hazards
Road hazards that don’t significantly affect cars create dangers for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Manufacturing defects or design flaws drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Different states have different requirements. Some states have universal helmet laws; partial helmet laws; others have no helmet laws.
Helmet Use and Comparative Fault
Without legal requirements, Defense argues comparative fault for not wearing helmets.
Different jurisdictions handle this differently:
- Some jurisdictions allow this argument to reduce damages
- Other jurisdictions don’t allow this defense
- Some states limit this argument’s scope
Helmet Use Where Legally Required
Where helmets are legally required, absence of a helmet can reduce recovery.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Helmet quality, condition, and certification may matter to the case.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Initial emergency treatment
- Surgery costs
- Hospital stays
- Intensive care if needed
- Rehabilitation
- Long-term care if needed
- Long-term medical needs
- Adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Motorcycle damage or total loss, plus damage to riding gear, additional property damage.
Pain and Suffering
Pain damages can be substantial.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This itself can be significant damages.
Mental Health Treatment
PTSD is common after motorcycle crashes. Loss of the ability to ride.
Loss of Consortium
Relationship impacts.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
Exemplary damages may be available.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” despite evidence. Comprehensive accident reconstruction can defeat unsupported speed claims.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“The Rider Wasn’t Visible”
“I couldn’t see you”. 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 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 without obvious injuries, Hidden injuries are common.
Stay at the Scene Until Police Arrive
Remain at the scene even though injuries may be severe.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The motorcycle itself is critical evidence. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Witness identification.
Photograph Your Gear
Helmet, jacket, gloves, boots, and other riding gear provides evidence.
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
Carrier representatives contact victims promptly. Statements without legal advice create problematic admissions.
Riding Gear and Damages
Protective gear matters to the case.
Documentation that you were wearing safety equipment supports the case.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. Other drivers often have minimal insurance coverage.
Underinsured motorist (UIM) coverage on your own auto policy provides additional coverage.
Verifying available coverage is important after a motorcycle crash.
Attorney Costs
Counsel handling these cases charge no upfront fees. Expert costs run high reimbursed from the recovery.
Move Quickly
These cases need quick attention.
The crash evidence must be preserved.
Witness memories fade quickly.
Camera evidence get overwritten on short retention cycles.
Filing deadlines sets a hard cutoff.
Getting an attorney involved promptly positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.