Motorcycle Accident Claims in Cushing, OK
Motorcycle accident cases face a problem most other auto cases don’t. The hostility doesn’t come from the law. It comes from cultural attitudes about motorcyclists. Insurance companies know this and use it aggressively. A Cushing 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
Studies consistently show juror bias against motorcyclists.
Prevailing attitudes that affect motorcycle verdicts including:
- Motorcyclists are inherently dangerous
- Riders assumed the risk
- Riders are usually speeding
- Riders weave dangerously
- Motorcyclists are partly to blame for any crash
These attitudes don’t match the data. Research on crash causation shows 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.
Carriers leverage bias by:
- 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
Successfully handling motorcycle cases requires specific approaches.
Critical strategies include:
- Careful jury selection
- Reframing the rider as a normal person who happened to be riding
- Educating jurors about the realities of motorcycle riding
- Strong expert testimony
- 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 motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Ejection from the motorcycle is common.
Post-ejection injuries can result from impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
Head trauma is a major motorcycle injury category. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Road rash produces severe skin damage. Severity varies widely.
Internal Injuries
Hidden internal damage frequent in motorcycle crashes.
Fractures
Fractures frequently occur.
Spinal Cord Injuries
Spine damage can cause paralysis.
Amputation Injuries
Crush injuries and severe trauma can result in amputation injuries.
Permanent Disfigurement
Visible 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 misestimates speed/distance.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists are particularly dangerous.
Failure to see motorcycles in 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
Drivers failing to yield to motorcyclists.
Vehicles Crossing Centerlines
Cross-centerline crashes produce devastating outcomes.
Distracted Drivers
Inattentive drivers are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers account for many serious crashes.
Road Hazards
Road conditions can be catastrophic 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
Helmet laws vary by state. Some states require helmets for all motorcyclists; partial helmet laws; no helmet requirements.
Helmet Use and Comparative Fault
In free-choice states, Defense argues comparative fault for not wearing helmets.
This issue receives different 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, helmet non-use can reduce damages.
Helmet Standards and Quality
Wearing a helmet doesn’t end the inquiry.
Type of helmet worn may matter to the case.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Trauma center costs
- Surgical care
- Inpatient care
- Intensive care if needed
- Rehabilitation
- Long-term care if needed
- Future medical care
- Adaptive equipment
- Home modifications
Lost Wages and Earning Capacity
Substantial wage loss.
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 is recoverable.
Mental Health Treatment
Psychological consequences. Riding-related anxiety.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
Wrongful death damages.
Punitive Damages
In cases involving particularly egregious conduct may be available.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses regardless of actual speed. 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. This argument often fails because drivers have a duty to look for motorcyclists.
“The Rider Assumed the Risk”
Assumption of risk defenses. 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”
Defense pushes shared-fault arguments.
“Pre-Existing Conditions”
Pre-existing condition defenses.
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
Don’t leave the scene until police arrive.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The bike needs to be locked down. Preserve it for reconstruction.
Get Witness Information
Names and contact information for everyone who saw the crash.
Photograph Your Gear
Riding gear documentation may matter to the case.
Don’t Discuss Fault at the Scene
Don’t speculate at the scene.
Get a Police Report
Make sure law enforcement files the report.
Don’t Speak With Insurance Adjusters Without Counsel
Carrier representatives contact victims promptly. Statements without legal advice hurt the case in lasting ways.
Riding Gear and Damages
Protective gear matters to the case.
Evidence of wearing protective equipment can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. Other drivers’ coverage may be inadequate.
Personal UIM coverage provides additional coverage.
Verifying available coverage is important after a motorcycle crash.
Attorney Costs
Counsel handling these cases charge no upfront fees. Specialty expertise costs advanced by the firm.
Move Quickly
These cases need quick attention.
The motorcycle and other physical evidence requires preservation.
Independent observations require prompt investigation.
Video recordings get overwritten on short retention cycles.
Filing deadlines sets a hard cutoff.
Getting an attorney involved promptly triggers preservation steps.