Recovering Damages From a Motorcycle Wreck in Jenks, OK
Motorcycle accident cases face a problem most other auto cases don’t. The bias isn’t legal. It comes from juror bias against motorcyclists. Insurance companies know this and use it aggressively. A Jenks motorcycle accident lawyer builds the case around defeating juror prejudice.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Research consistently shows anti-motorcyclist bias.
Many jurors hold beliefs that affect verdicts including:
- Riders take unnecessary risks
- Riders assumed the risk
- Riders are usually speeding
- 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.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Insurance carriers know about juror bias.
Insurers use the bias to:
- Pushing comparative fault even with weak evidence
- Lowballing settlement offers
- Arguing rider contribution
- Forcing trial in cases that would normally settle
Overcoming Juror Bias
Effective motorcycle case litigation requires specific approaches.
Key methods include:
- Thorough voir dire
- Reframing the rider as a normal person who happened to be riding
- Educating jurors
- Strong expert testimony
- Demonstrating the rider’s care
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
Riders are typically ejected from motorcycles in crashes.
After ejection, additional injuries include impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Helmets help but don’t fully protect.
Road Rash
Road rash causes severe abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Hidden internal damage are common in motorcycle crashes.
Fractures
Fractures are common.
Spinal Cord Injuries
Spinal injuries can produce catastrophic spinal damage.
Amputation Injuries
Crush trauma can result in amputation injuries.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This pattern is the leading cause.
The driver typically fails to see the motorcycle or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are particularly dangerous.
Motorcycle blind-spot crashes accounts for many lane-change crashes.
Rear-End Crashes
Rear-end crashes against motorcycles can be particularly dangerous. At signals or stop signs.
Driver Failing to Yield
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Cars crossing centerlines into oncoming motorcycle traffic can be catastrophic for motorcyclists.
Distracted Drivers
Drivers using phones, GPS, or other distractions disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Drunk drivers are a significant cause.
Road Hazards
Road hazards that don’t significantly affect cars cause crashes for motorcyclists. Various surface defects.
Defective Motorcycles or Components
Component failures generate crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
States have different helmet laws. Some states require helmets; riders under specific ages; free choice.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, defense often argues failure to wear a helmet should reduce damages.
This argument has varying legal treatment:
- Some jurisdictions allow this argument to reduce damages
- Other states bar this defense
- Some jurisdictions limit how this argument can be used
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 certifications, type, quality may be argued.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Initial emergency treatment
- Surgery costs
- Inpatient care
- Intensive care if needed
- Physical therapy and rehabilitation
- Ongoing care
- Future medical care
- Adaptive equipment
- Home modifications
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle replacement, plus damage to riding gear, additional property damage.
Pain and Suffering
Pain damages are typically major.
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
In fatal motorcycle crash cases.
Punitive Damages
Exemplary damages may be available.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” even when contradicted by evidence. Comprehensive accident reconstruction can defeat unsupported speed claims.
“The Rider Was Weaving”
“You were weaving”.
“The Rider Wasn’t Visible”
Visibility defenses. This argument often fails because drivers have a duty to look for motorcyclists.
“The Rider Assumed the Risk”
Defense argues riders accepted the inherent risk of motorcycle riding. This defense is generally unsuccessful.
“The Rider Wasn’t Wearing a Helmet”
Helmet-related defenses.
“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, Internal injuries may develop.
Stay at the Scene Until Police Arrive
Don’t leave the scene until law enforcement responds.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The bike needs to be locked down. Don’t allow it to be repaired or destroyed before expert examination.
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
Official documentation is essential.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters reach out fast. Direct insurer communication can permanently damage the case.
Riding Gear and Damages
Motorcycle gear matters to the case.
Showing you wore appropriate riding gear defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. Other drivers’ coverage may be inadequate.
Personal UIM coverage provides additional coverage.
Verifying available coverage is important after a motorcycle crash.
Attorney Costs
Counsel handling these cases earn fees only on recovery. Expert costs run high reimbursed from the recovery.
Move Quickly
These cases need quick attention.
The crash evidence must be preserved.
Independent observations require prompt investigation.
Video recordings have limited retention.
Filing deadlines continues running.
Engaging counsel right away positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.