Recovering Damages From a Motorcycle Wreck in Hugo, 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. Insurers exploit this bias. 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.
Common juror beliefs that hurt motorcycle cases including:
- Motorcyclists are reckless
- Motorcyclists chose to ride and accepted the risk
- Riders are usually speeding
- Motorcyclists weave through traffic
- Riders share some fault for being on a motorcycle
These beliefs are often wrong. Studies of crash causation consistently show car drivers cause most car-motorcycle crashes.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
Insurers use the bias to:
- Aggressively challenge fault in clear-liability cases
- Lowballing settlement offers
- Pushing comparative fault arguments
- Pushing cases to trial
Overcoming Juror Bias
Successfully handling motorcycle cases involves specific strategies.
Important approaches involve:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Humanizing the rider
- 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 energy transfers to the rider’s body.
Ejection From the Motorcycle
Riders frequently come off their motorcycles.
After ejection, additional injuries include impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding contact generates significant abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Internal organ damage frequent in motorcycle crashes.
Fractures
Fractures are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal injuries may result in paralysis.
Amputation Injuries
Significant trauma may necessitate amputation.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turning vehicles.
This is the leading crash type.
Failure to see motorcycles or misjudges its speed or distance.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists are particularly dangerous.
Motorcycle blind-spot crashes accounts for many lane-change crashes.
Rear-End Crashes
Vehicles rear-ending motorcycles can be particularly dangerous. At signals or stop signs.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Cross-centerline crashes produce devastating outcomes.
Distracted Drivers
Inattentive drivers are particularly dangerous to 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 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; free choice.
Helmet Use and Comparative Fault
Without legal requirements, Defense argues comparative fault for not wearing helmets.
Different jurisdictions handle this differently:
- Some jurisdictions allow this argument to reduce damages
- Other jurisdictions don’t allow this defense
- Some states restrict this defense
Helmet Use Where Legally Required
In states with mandatory helmet laws, failure to wear a helmet can support comparative fault.
Helmet Standards and Quality
Defense may still attack helmet quality.
Helmet quality, condition, and certification can affect damages analysis.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Initial emergency treatment
- Surgery costs
- Hospital stays
- Critical care
- Rehabilitation costs
- Long-term care if needed
- Future medical care
- Prosthetics and adaptive equipment
- Home modifications
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Motorcycle damage or total loss, plus damage to riding gear, additional property damage.
Pain and Suffering
Pain damages can be substantial.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This supports specific damages.
Mental Health Treatment
Mental health damages. Loss of the ability to ride.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
Fatal case damages.
Punitive Damages
In cases involving particularly egregious conduct may be available.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses even when contradicted by evidence. Reconstruction can counter.
“The Rider Was Weaving”
“You were weaving”.
“The Rider Wasn’t Visible”
Visibility defenses. 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”
Comparative negligence.
“Pre-Existing Conditions”
Pre-existing condition defenses.
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
Stay put until police arrive.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The bike requires preservation. Preserve it for reconstruction.
Get Witness Information
Names and contact information for everyone who saw the crash.
Photograph Your Gear
Protective equipment can be evidence.
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 hurt the case in lasting ways.
Riding Gear and Damages
Protective gear matters to the case.
Documentation that you were wearing safety equipment supports the case.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. Other drivers’ coverage may be inadequate.
Underinsured motorist (UIM) coverage on your own auto policy can be critical to recovery.
Reviewing your own auto policy coverage is important after a motorcycle crash.
Attorney Costs
Motorcycle accident attorneys charge no upfront fees. These cases require significant investment in accident reconstruction, medical experts, and other specialists advanced by the firm.
Move Quickly
Time pressure on these cases is real.
The motorcycle and other physical evidence needs immediate protection.
Witness recollections deteriorate over time.
Camera evidence get overwritten on short retention cycles.
The legal time limit applies regardless.
Engaging counsel right away triggers preservation steps.