Motorcycle Accident Claims in El Reno, OK
Motorcycle accident cases face a problem most other auto cases don’t. The hostility doesn’t come from the law. 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
Studies consistently show juror bias against motorcyclists.
Common juror beliefs that hurt motorcycle cases including:
- Motorcyclists are inherently dangerous
- If you ride a motorcycle, you accepted the danger
- Motorcyclists are speeding when crashes occur
- Riders take unsafe lane positions
- Motorcyclists are partly to blame for any crash
These attitudes don’t match the data. Research on crash causation shows 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.
Insurers use the bias to:
- Aggressively challenge fault in clear-liability cases
- Lowballing settlement offers
- Arguing rider contribution
- Pushing cases to trial
Overcoming Juror Bias
Successfully handling motorcycle cases requires distinct tactics.
Critical strategies include:
- Thorough voir dire
- Presenting the rider as a regular person
- Educating jurors
- Presenting accident reconstruction evidence
- Showing the rider’s training, experience, and safety practices
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 are typically ejected from motorcycles in crashes.
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
Head trauma is a major motorcycle injury category. Helmets help but don’t fully protect.
Road Rash
Sliding on pavement produces severe skin damage. Can range from minor to severe enough to require skin grafting.
Internal Injuries
Hidden internal damage are common in motorcycle crashes.
Fractures
Multiple fractures throughout the body frequently occur.
Spinal Cord Injuries
Spinal injuries can produce catastrophic spinal damage.
Amputation Injuries
Significant trauma may necessitate 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 leading crash type.
The driver typically fails to see the motorcycle or fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Lane-change incidents account for many crashes.
Motorcycle blind-spot crashes accounts for many lane-change 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 disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers cause many motorcycle crashes.
Road Hazards
Road defects create dangers for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Manufacturing defects or design flaws can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Different states have different requirements. Some states require helmets; partial helmet laws; no helmet requirements.
Helmet Use and Comparative Fault
In free-choice states, defense often argues failure to wear a helmet should reduce damages.
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
In states with mandatory helmet laws, failure to wear a helmet can support comparative fault.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Helmet quality, condition, and certification may be argued.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Emergency and trauma center care
- Surgical care
- Inpatient care
- Intensive care if needed
- Physical therapy and rehabilitation
- Ongoing care
- Continuing treatment
- Adaptive devices
- Accessibility renovations
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Vehicle damages, protective equipment damage, additional property damage.
Pain and Suffering
Pain damages are typically major.
Loss of Enjoyment of Life
Loss of riding. This is recoverable.
Mental Health Treatment
Psychological consequences. Loss of the ability to ride.
Loss of Consortium
Relationship impacts.
Wrongful Death
Fatal case damages.
Punitive Damages
In cases involving particularly egregious conduct may be available.
Common Insurance Defenses
“The Rider Was Speeding”
Defense often pushes speed arguments despite evidence. Expert testimony can rebut.
“The Rider Was Weaving”
“You were weaving”.
“The Rider Wasn’t Visible”
“I couldn’t see you”. Drivers must look for motorcycles.
“The Rider Assumed the Risk”
Assumption of risk defenses. Assumption of risk doesn’t usually bar negligence.
“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 when feeling okay, motorcycle crash victims often have injuries that aren’t immediately apparent.
Stay at the Scene Until Police Arrive
Stay put until police arrive.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The motorcycle itself is critical evidence. Preserve it for reconstruction.
Get Witness Information
Witness identification.
Photograph Your Gear
Riding gear documentation can be 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
Carrier representatives contact victims promptly. Direct insurer communication can permanently damage the case.
Riding Gear and Damages
Riding gear can affect damages analysis.
Evidence of wearing safety equipment defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. Other drivers often have minimal insurance coverage.
Underinsured motorist (UIM) coverage on your own auto policy can be critical to recovery.
Reviewing your own auto policy coverage is essential to evaluating recovery potential.
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
Motorcycle accident cases require prompt action.
Physical evidence must be preserved.
Independent observations deteriorate over time.
Video recordings require quick preservation.
The legal time limit applies regardless.
Engaging counsel right away locks down the critical evidence.