Compensation After a Motorcycle Crash in Edmond, OK
Motorcycle cases operate in a uniquely hostile legal environment. The hostility doesn’t come from the law. It comes from systemic prejudice against riders. Insurers exploit this bias. A Edmond motorcycle accident lawyer builds the case around defeating juror prejudice.
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:
- Riders take unnecessary risks
- Riders assumed the risk
- Riders are usually speeding
- Motorcyclists weave through traffic
- Riders share some fault for being on a motorcycle
These attitudes don’t match the data. Studies of crash causation consistently show motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
They exploit it through:
- Disputing fault even when the driver was clearly at fault
- Lowballing settlement offers
- Pushing comparative fault arguments
- Refusing to settle reasonable cases
Overcoming Juror Bias
Effective motorcycle case litigation requires specific approaches.
Key methods include:
- Careful jury selection
- Presenting the rider as a regular person
- Educating jurors about the realities of motorcycle riding
- Comprehensive crash reconstruction
- Showing the rider’s safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
When a car hits a motorcycle, the rider bears the crash forces.
Ejection From the Motorcycle
Ejection from the motorcycle is common.
Following ejection, injuries can come from 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. Even with helmets, TBI risk remains.
Road Rash
Sliding contact causes severe abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Internal injuries from blunt force trauma are common in motorcycle crashes.
Fractures
Multiple fractures throughout the body frequently occur.
Spinal Cord Injuries
Spinal injuries can cause paralysis.
Amputation Injuries
Crush injuries and severe trauma can require amputation.
Permanent Disfigurement
Lasting cosmetic damage impacts quality of life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This is the leading crash type.
Driver inattention to motorcycles or misestimates speed/distance.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists account for many crashes.
Motorcycle blind-spot crashes causes many incidents.
Rear-End Crashes
Rear-end crashes against motorcycles can be particularly dangerous. At signals or stop signs.
Driver Failing to Yield
Drivers failing to yield to motorcyclists.
Vehicles Crossing Centerlines
Cross-centerline crashes produce devastating outcomes.
Distracted Drivers
Distracted driving fail to see motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers account for many serious crashes.
Road Hazards
Road defects cause crashes for motorcyclists. Various surface defects.
Defective Motorcycles or Components
Manufacturing defects or design flaws generate crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states require helmets for all motorcyclists; riders under specific ages; others have no helmet laws.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, 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 restrict this defense
Helmet Use Where Legally Required
Where helmets are legally required, absence of a helmet can reduce recovery.
Helmet Standards and Quality
Wearing a helmet doesn’t end the inquiry.
Helmet certifications, type, quality may be argued.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Initial emergency treatment
- Multiple surgeries
- Hospital stays
- ICU costs
- Rehabilitation costs
- Continuing care
- Future medical care
- Adaptive devices
- Home adaptations
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Motorcycle replacement, plus damage to riding gear, other property losses.
Pain and Suffering
Pain are typically major.
Loss of Enjoyment of Life
Loss of riding. This is recoverable.
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 be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses despite evidence. Comprehensive accident reconstruction can defeat unsupported speed claims.
“The Rider Was Weaving”
“You were weaving”.
“The Rider Wasn’t Visible”
Visibility defenses. 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 use challenges.
“Comparative Fault”
“You contributed too”.
“Pre-Existing Conditions”
Defense raises pre-existing conditions to challenge injury causation.
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
Visual evidence of every relevant detail.
Preserve the Motorcycle
The motorcycle itself requires preservation. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Witness identification.
Photograph Your Gear
Riding gear documentation provides evidence.
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
Insurance adjusters call quickly. Recorded statements before legal advice can permanently damage the case.
Riding Gear and Damages
Motorcycle gear can affect damages analysis.
Documentation that you were wearing safety equipment supports the case.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. Other drivers often have minimal insurance coverage.
Your own UIM coverage provides additional coverage.
Checking UIM coverage is important after a motorcycle crash.
Attorney Costs
Counsel handling these cases work on contingency. These cases require significant investment in accident reconstruction, medical experts, and other specialists reimbursed from the recovery.
Move Quickly
Time pressure on these cases is real.
The crash evidence requires preservation.
Witness memories fade quickly.
Camera evidence get overwritten on short retention cycles.
Filing deadlines continues running.
Engaging counsel right away triggers preservation steps.