Compensation After a Motorcycle Crash in Coweta, OK
Motorcyclists fight an uphill battle in personal injury law. The bias isn’t legal. It comes from systemic prejudice against riders. Carriers leverage juror prejudice. A local attorney experienced with motorcycle crashes 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
- Riders assumed the risk
- Motorcyclists are typically going too fast
- Motorcyclists weave through traffic
- Riders deserve some blame for the inherent risk
These attitudes don’t match the data. Crash data demonstrates the at-fault party is usually the car driver.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
Carriers leverage bias by:
- Pushing comparative fault even with weak evidence
- Offering low settlement amounts
- Arguing rider contribution
- Pushing cases to trial
Overcoming Juror Bias
Successfully handling motorcycle cases requires specific approaches.
Key methods include:
- Thorough voir dire
- Reframing the rider as a normal person who happened to be riding
- Educating jurors
- Comprehensive crash reconstruction
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
When a car hits a motorcycle, the motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Riders frequently come off their motorcycles.
Post-ejection injuries can result from secondary impacts and sliding.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Even with helmets, TBI risk remains.
Road Rash
Road rash produces severe skin damage. Severe cases require skin grafting.
Internal Injuries
Internal injuries from blunt force trauma are common in motorcycle crashes.
Fractures
Fractures are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spine damage may result in paralysis.
Amputation Injuries
Significant trauma can require amputation.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement impacts quality of life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This is the most common motorcycle crash scenario.
The driver typically fails to see the motorcycle or misjudges its speed or distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles account for many crashes.
Drivers often don’t see motorcycles in their blind spots causes many incidents.
Rear-End Crashes
Rear-end crashes against motorcycles can be particularly dangerous. Stopped motorcycles can be hit by vehicles not anticipating the stop.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Cars crossing centerlines into oncoming motorcycle traffic produce devastating outcomes.
Distracted Drivers
Distracted driving are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Impaired drivers are a significant cause.
Road Hazards
Road hazards that don’t significantly affect cars can be catastrophic for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Component failures drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Different states have different requirements. Some states require helmets; partial helmet laws; others have no helmet laws.
Helmet Use and Comparative Fault
Without legal requirements, Defense argues comparative fault for not wearing helmets.
This argument has varying legal treatment:
- Some states permit this defense
- Other states bar this defense
- Some states limit this argument’s scope
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
Motorcycle accident damages can be substantial include:
Medical Costs
- Emergency and trauma center care
- Surgical care
- Hospital stays
- ICU costs
- Physical therapy and rehabilitation
- Ongoing care
- Future medical care
- Adaptive equipment
- Home adaptations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle replacement, gear damage, plus other property damage.
Pain and Suffering
Physical pain and suffering are significant.
Loss of Enjoyment of Life
Loss of riding as a lifestyle activity. This is recoverable.
Mental Health Treatment
Mental health damages. Riding-related anxiety.
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” even when contradicted by evidence. Comprehensive accident reconstruction can defeat unsupported speed claims.
“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”
“You knew it was dangerous”. This defense is generally unsuccessful.
“The Rider Wasn’t Wearing a Helmet”
Where applicable.
“Comparative Fault”
Defense pushes shared-fault arguments.
“Pre-Existing Conditions”
Prior medical history.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even with apparently minor symptoms, motorcycle crash victims often have injuries that aren’t immediately apparent.
Stay at the Scene Until Police Arrive
Stay put even though injuries may be severe.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The damaged motorcycle requires preservation. Preserve it for reconstruction.
Get Witness Information
Witness identification.
Photograph Your Gear
Protective equipment can be evidence.
Don’t Discuss Fault at the Scene
Avoid admitting fault or speculating about cause.
Get a Police Report
Insist on official documentation.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters reach out fast. Direct insurer communication create problematic admissions.
Riding Gear and Damages
Motorcycle gear matters to the case.
Showing you wore protective equipment defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. At-fault drivers often have inadequate coverage.
Your own UIM coverage provides additional coverage.
Checking UIM coverage is important after a motorcycle crash.
Attorney Costs
Lawyers experienced with motorcycle crashes earn fees only on recovery. These cases require significant investment in accident reconstruction, medical experts, and other specialists reimbursed from the recovery.
Move Quickly
These cases need quick attention.
The crash evidence requires preservation.
Witness recollections fade quickly.
Surveillance footage require quick preservation.
OK’s statute of limitations continues running.
Getting an attorney involved promptly locks down the critical evidence.