Compensation After a Motorcycle Crash in Durant, OK
Motorcycle cases operate in a uniquely hostile legal environment. The challenge isn’t doctrinal. It comes from cultural attitudes about motorcyclists. Carriers leverage juror prejudice. An attorney familiar with the juror bias problem in motorcycle cases builds the case around defeating juror prejudice.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Juror prejudice against riders is well-documented.
Prevailing attitudes that affect motorcycle verdicts including:
- Motorcyclists are reckless
- Riders assumed the risk
- Motorcyclists are typically going too fast
- Riders take unsafe lane positions
- Riders share some fault for being on a motorcycle
These attitudes don’t match the data. Crash data demonstrates 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.
Insurers use the bias to:
- Aggressively challenge fault in clear-liability cases
- Making minimal offers
- Arguing rider contribution
- Refusing to settle reasonable cases
Overcoming Juror Bias
Effective motorcycle case litigation requires specific approaches.
Critical strategies include:
- Thorough voir dire
- Reframing the rider as a normal person who happened to be riding
- Educating jurors about the realities of motorcycle riding
- Presenting accident reconstruction evidence
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcyclists have no vehicle structure protecting them.
In a car-motorcycle crash, the energy transfers to the rider’s body.
Ejection From the Motorcycle
Ejection from the motorcycle is common.
After ejection, additional injuries include secondary impacts and sliding.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Road rash causes severe abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Internal injuries from blunt force trauma frequent in motorcycle crashes.
Fractures
Bone injuries are common.
Spinal Cord Injuries
Spinal injuries may result in paralysis.
Amputation Injuries
Significant trauma can result in amputation injuries.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This is the most common motorcycle crash scenario.
Failure to see motorcycles or fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are particularly dangerous.
Failure to see motorcycles in blind spots drives many of these crashes.
Rear-End Crashes
Rear-end crashes against motorcycles create catastrophic outcomes. Stopped motorcycles can be hit by vehicles not anticipating the stop.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Head-on crashes produce devastating outcomes.
Distracted Drivers
Inattentive drivers fail to see motorcyclists.
Drunk and Impaired Drivers
Drunk drivers are a significant cause.
Road Hazards
Road conditions cause crashes for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Motorcycle defects 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; partial helmet laws; free choice.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, defense often argues failure to wear a helmet should reduce damages.
This issue receives different legal treatment:
- Some states permit this defense
- Other jurisdictions don’t allow this defense
- Some states restrict this defense
Helmet Use Where Legally Required
In jurisdictions with helmet mandates, helmet non-use can reduce damages.
Helmet Standards and Quality
Wearing a helmet doesn’t end the inquiry.
Helmet certifications, type, quality may matter to the case.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Initial emergency treatment
- Multiple surgeries
- Inpatient care
- ICU costs
- Rehabilitation
- Long-term care if needed
- Long-term medical needs
- Prosthetics and adaptive equipment
- Home adaptations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle replacement, protective equipment damage, additional property damage.
Pain and Suffering
Physical pain and suffering can be substantial.
Loss of Enjoyment of Life
Loss of riding as a lifestyle activity. This supports specific damages.
Mental Health Treatment
Psychological consequences. Riding-related anxiety.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
Fatal case damages.
Punitive Damages
Punitive damages may apply.
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”
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”
“You knew it was dangerous”. 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 without obvious injuries, Hidden injuries are common.
Stay at the Scene Until Police Arrive
Don’t leave the scene even though injuries may be severe.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The bike needs to be locked down. Don’t let it be repaired.
Get Witness Information
Witness identification.
Photograph Your Gear
Protective equipment provides evidence.
Don’t Discuss Fault at the Scene
Leave fault determination to investigators.
Get a Police Report
Insist on official documentation.
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
Riding gear can affect damages analysis.
Documentation that you were wearing safety equipment defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. At-fault drivers often have inadequate coverage.
Underinsured motorist (UIM) coverage on your own auto policy provides additional coverage.
Reviewing your own auto policy coverage matters to recovery.
Attorney Costs
Lawyers experienced with motorcycle crashes charge no upfront fees. Specialty expertise costs paid by counsel.
Move Quickly
Time pressure on these cases is real.
The crash evidence must be preserved.
Witness memories deteriorate over time.
Video recordings have limited retention.
Filing deadlines applies regardless.
Getting an attorney involved promptly locks down the critical evidence.