Recovering Damages From a Motorcycle Wreck in Holdenville, OK
Motorcycle cases operate in a uniquely hostile legal environment. The bias isn’t legal. It comes from cultural attitudes about motorcyclists. Insurance companies know this and use it aggressively. A local attorney experienced with motorcycle crashes builds the case around defeating juror prejudice.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Research consistently shows anti-motorcyclist bias.
Prevailing attitudes that affect motorcycle verdicts including:
- Motorcyclists are reckless
- 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. Crash data demonstrates 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:
- Pushing comparative fault even with weak evidence
- Making minimal offers
- Pushing shared-fault theories
- Forcing trial in cases that would normally settle
Overcoming Juror Bias
Building motorcycle cases for success involves specific strategies.
Key methods include:
- Thorough voir dire
- Humanizing the rider
- Teaching jurors what motorcyclists actually do
- Comprehensive crash reconstruction
- Showing the rider’s training, experience, and safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcyclists have no vehicle structure protecting them.
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 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. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding on pavement causes severe abrasion injuries. Severity varies widely.
Internal Injuries
Internal injuries from blunt force trauma happen in many motorcycle crashes.
Fractures
Multiple fractures throughout the body are common.
Spinal Cord Injuries
Spine damage can produce catastrophic spinal damage.
Amputation Injuries
Significant trauma can require amputation.
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 is the leading crash type.
The driver typically fails to see the motorcycle or misjudges its speed or distance.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists 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
Drivers failing to yield to motorcyclists.
Vehicles Crossing Centerlines
Head-on crashes produce devastating outcomes.
Distracted Drivers
Inattentive drivers fail to see motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers account for many serious crashes.
Road Hazards
Road conditions create dangers for motorcyclists. Specific road hazards.
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; riders under specific ages; free choice.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, Defense leverages helmet non-use.
This argument has varying legal treatment:
- Some states allow helmet non-use to reduce damages
- Other jurisdictions don’t allow this defense
- Some jurisdictions limit how this argument can be used
Helmet Use Where Legally Required
In jurisdictions with helmet mandates, absence of a helmet can reduce recovery.
Helmet Standards and Quality
Defense may still attack helmet quality.
Type of helmet worn may matter to the case.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Initial emergency treatment
- Surgical care
- Inpatient care
- ICU costs
- Rehabilitation costs
- Ongoing care
- Future medical care
- Adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Motorcycle damage or total loss, plus damage to riding gear, additional property damage.
Pain and Suffering
Pain can be substantial.
Loss of Enjoyment of Life
Loss of riding. This is recoverable.
Mental Health Treatment
PTSD is common after motorcycle crashes. Loss of the ability to ride.
Loss of Consortium
Relationship impacts.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
In cases involving particularly egregious conduct may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses despite evidence. Expert testimony can rebut.
“The Rider Was Weaving”
“You were weaving”.
“The Rider Wasn’t Visible”
Defense argues the rider’s visibility. Visibility duty rests on drivers.
“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 use challenges.
“Comparative Fault”
Comparative negligence.
“Pre-Existing Conditions”
Prior medical history.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even without obvious injuries, 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
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The motorcycle itself needs to be locked down. Don’t let it be repaired.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Protective equipment provides evidence.
Don’t Discuss Fault at the Scene
Avoid admitting fault or speculating about cause.
Get a Police Report
Official documentation is essential.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters call quickly. Statements without legal advice create problematic admissions.
Riding Gear and Damages
Motorcycle gear matters to the case.
Showing you wore 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 provides additional coverage.
Checking UIM coverage is important after a motorcycle crash.
Attorney Costs
Lawyers experienced with motorcycle crashes work on contingency. Expert costs run high reimbursed from the recovery.
Move Quickly
These cases need quick attention.
The motorcycle and other physical evidence requires preservation.
Independent observations deteriorate over time.
Camera evidence require quick preservation.
OK’s statute of limitations continues running.
Engaging counsel right away triggers preservation steps.