Compensation After a Motorcycle Crash in Henryetta, OK
Motorcycle accident cases face a problem most other auto cases don’t. The bias isn’t legal. It comes from systemic prejudice against riders. 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
Studies consistently show juror bias against motorcyclists.
Common juror beliefs that hurt motorcycle cases including:
- Riders take unnecessary risks
- Riders assumed the risk
- Riders are usually speeding
- Riders weave dangerously
- Motorcyclists are partly to blame for any crash
Many of these beliefs are inaccurate. 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
Insurers are aware of anti-motorcyclist bias.
They exploit it through:
- Pushing comparative fault even with weak evidence
- Lowballing settlement offers
- Pushing comparative fault arguments
- 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
- Teaching jurors what motorcyclists actually do
- Presenting accident reconstruction evidence
- 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 energy transfers to the rider’s body.
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
TBI is common in motorcycle crashes. Even with helmets, TBI risk remains.
Road Rash
Sliding contact causes severe abrasion injuries. Severity varies widely.
Internal Injuries
Internal injuries from blunt force trauma happen in many motorcycle crashes.
Fractures
Fractures are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal injuries can cause paralysis.
Amputation Injuries
Crush injuries and severe trauma can require amputation.
Permanent Disfigurement
Visible permanent disfigurement creates lifelong consequences.
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 misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are particularly dangerous.
Drivers often don’t see motorcycles in their blind spots causes many incidents.
Rear-End Crashes
Vehicles rear-ending motorcycles can be particularly dangerous. Stopped motorcycles can be hit by vehicles not anticipating the stop.
Driver Failing to Yield
Drivers failing to yield to motorcyclists.
Vehicles Crossing Centerlines
Head-on crashes are extremely dangerous.
Distracted Drivers
Drivers using phones, GPS, or other distractions fail to see motorcyclists.
Drunk and Impaired Drivers
Impaired drivers account for many serious crashes.
Road Hazards
Road defects create dangers for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Component failures can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
States have different helmet laws. Some states require helmets for all motorcyclists; others require them only for certain riders; free choice.
Helmet Use and Comparative Fault
Without legal requirements, Defense leverages helmet non-use.
This issue receives different legal treatment:
- Some states allow helmet non-use to reduce damages
- Other states prohibit this argument
- Some jurisdictions limit how this argument can be used
Helmet Use Where Legally Required
Where helmets are legally required, absence of a helmet can reduce recovery.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Helmet certifications, type, quality may be argued.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Emergency and trauma center care
- Surgery costs
- Hospitalization
- Intensive care if needed
- Rehabilitation
- Continuing care
- Future medical care
- Prosthetics and adaptive equipment
- Accessibility renovations
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 are typically major.
Loss of Enjoyment of Life
Loss of riding. This itself can be significant damages.
Mental Health Treatment
Mental health damages. Loss of the ability to ride.
Loss of Consortium
Spousal damages.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
In cases involving particularly egregious conduct may be available.
Common Insurance Defenses
“The Rider Was Speeding”
Defense often pushes speed arguments regardless of actual speed. Comprehensive accident reconstruction can defeat unsupported speed claims.
“The Rider Was Weaving”
“You were weaving”.
“The Rider Wasn’t Visible”
“I couldn’t see you”. 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-related defenses.
“Comparative Fault”
“You contributed too”.
“Pre-Existing Conditions”
Prior medical history.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even when feeling okay, 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 requires preservation. Preserve it for reconstruction.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Riding gear documentation may matter to the case.
Don’t Discuss Fault at the Scene
Leave fault determination to investigators.
Get a Police Report
Official documentation is essential.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters call quickly. Statements without legal advice hurt the case in lasting ways.
Riding Gear and Damages
Riding gear is relevant evidence.
Documentation that you were wearing appropriate riding gear supports the case.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. Other drivers’ coverage may be inadequate.
Underinsured motorist (UIM) coverage on your own auto policy can be critical to recovery.
Verifying available coverage is important after a motorcycle crash.
Attorney Costs
Motorcycle accident attorneys work on contingency. Specialty expertise costs reimbursed from the recovery.
Move Quickly
These cases need quick attention.
The motorcycle and other physical evidence requires preservation.
Witness recollections deteriorate over time.
Video recordings get overwritten on short retention cycles.
Filing deadlines applies regardless.
Connecting with a Henryetta motorcycle accident attorney quickly triggers preservation steps.