Motorcycle Accident Claims in Harrah, OK
Motorcycle cases operate in a uniquely hostile legal environment. The bias isn’t legal. It comes from juror bias against motorcyclists. Carriers leverage juror prejudice. A local attorney experienced with motorcycle crashes knows how to overcome this bias.
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:
- Riders take unnecessary risks
- If you ride a motorcycle, you accepted the danger
- Riders are usually speeding
- Riders take unsafe lane positions
- Riders deserve some blame for the inherent risk
These beliefs are often wrong. Crash data demonstrates motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
They exploit it through:
- Pushing comparative fault even with weak evidence
- Offering low settlement amounts
- Pushing comparative fault arguments
- Forcing trial in cases that would normally settle
Overcoming Juror Bias
Effective motorcycle case litigation requires distinct tactics.
Key methods include:
- Thorough voir dire
- Humanizing the rider
- 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.
Following ejection, injuries can come from secondary impacts and sliding.
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
Sliding contact causes severe abrasion injuries. Can range from minor to severe enough to require skin grafting.
Internal Injuries
Internal organ damage happen in many motorcycle crashes.
Fractures
Bone injuries frequently occur.
Spinal Cord Injuries
Spinal cord injuries may result in paralysis.
Amputation Injuries
Significant trauma can result in amputation injuries.
Permanent Disfigurement
Visible permanent disfigurement impacts quality of life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This pattern is the leading cause.
Driver inattention to motorcycles or misestimates speed/distance.
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 can be particularly dangerous. At signals or stop signs.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Head-on crashes are extremely dangerous.
Distracted Drivers
Distracted driving fail to see motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers cause many motorcycle crashes.
Road Hazards
Road conditions cause crashes for motorcyclists. Various surface defects.
Defective Motorcycles or Components
Motorcycle defects can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states require helmets; others require them only for certain riders; no helmet requirements.
Helmet Use and Comparative Fault
Without legal requirements, defense often argues failure to wear a helmet should reduce damages.
This argument has varying 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 states with mandatory helmet laws, 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
- Initial emergency treatment
- Surgery costs
- Inpatient care
- ICU costs
- Rehabilitation
- Continuing care
- Continuing treatment
- Adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Motorcycle replacement, protective equipment damage, other property losses.
Pain and Suffering
Physical pain and suffering are typically major.
Loss of Enjoyment of Life
Loss of riding as a lifestyle activity. This itself can be significant damages.
Mental Health Treatment
PTSD is common after motorcycle crashes. Many riders develop fear of riding.
Loss of Consortium
Relationship impacts.
Wrongful Death
Wrongful death damages.
Punitive Damages
Exemplary damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” despite evidence. Reconstruction can counter.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“The Rider Wasn’t Visible”
“I couldn’t see you”. Visibility duty rests on drivers.
“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”
Defense pushes shared-fault arguments.
“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, Internal injuries may develop.
Stay at the Scene Until Police Arrive
Stay put even though injuries may be severe.
Document the Crash Scene
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The damaged motorcycle is critical evidence. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Names and contact information for everyone who saw the crash.
Photograph Your Gear
Protective equipment may matter to the case.
Don’t Discuss Fault at the Scene
Leave fault determination to investigators.
Get a Police Report
Make sure law enforcement files the report.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters reach out fast. Direct insurer communication create problematic admissions.
Riding Gear and Damages
Riding gear can affect damages analysis.
Evidence of wearing appropriate riding gear can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. Other drivers’ coverage may be inadequate.
Personal UIM coverage may be essential.
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 advanced by the firm.
Move Quickly
These cases need quick attention.
The motorcycle and other physical evidence requires preservation.
Witness recollections deteriorate over time.
Video recordings have limited retention.
OK’s statute of limitations continues running.
Connecting with a Harrah motorcycle accident attorney quickly positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.