Recovering Damages From a Motorcycle Wreck in Miami, OK
Motorcyclists fight an uphill battle in personal injury law. The bias isn’t legal. It comes from systemic prejudice against riders. Insurance companies know this and use it aggressively. A Miami motorcycle accident lawyer builds the case around defeating juror prejudice.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Juror prejudice against riders is well-documented.
Prevailing attitudes that affect motorcycle verdicts including:
- Motorcyclists are reckless
- Riders assumed the risk
- Motorcyclists are typically going too fast
- Riders weave dangerously
- Motorcyclists are partly to blame for any crash
These attitudes don’t match the data. Studies of crash causation consistently show the at-fault party is usually the car driver.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
Insurers use the bias to:
- Disputing fault even when the driver was clearly at fault
- 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
- Presenting accident reconstruction evidence
- Showing the rider’s training, experience, and safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
During a crash involving a motorcycle and another vehicle, the energy transfers to the rider’s body.
Ejection From the Motorcycle
Riders are typically ejected from motorcycles in crashes.
Following ejection, injuries can come 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. Helmets help but don’t fully protect.
Road Rash
Road rash produces severe skin damage. Severity varies widely.
Internal Injuries
Internal organ damage happen in many motorcycle crashes.
Fractures
Bone injuries are common.
Spinal Cord Injuries
Spinal cord injuries can cause paralysis.
Amputation Injuries
Crush injuries and severe trauma can result in amputation injuries.
Permanent Disfigurement
Visible permanent disfigurement impacts quality of life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turning vehicles.
This is the most common motorcycle crash scenario.
The driver typically fails to see the motorcycle or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change incidents are particularly dangerous.
Motorcycle blind-spot crashes causes many incidents.
Rear-End Crashes
Vehicles rear-ending motorcycles create catastrophic outcomes. At stops.
Driver Failing to Yield
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Head-on crashes produce devastating outcomes.
Distracted Drivers
Drivers using phones, GPS, or other distractions fail to see motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers account for many serious crashes.
Road Hazards
Road conditions create dangers for motorcyclists. Various surface defects.
Defective Motorcycles or Components
Component failures 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
Even where helmet use isn’t required by law, defense often argues failure to wear a helmet should reduce damages.
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, helmet non-use can reduce damages.
Helmet Standards and Quality
Wearing a helmet doesn’t end the inquiry.
Type of helmet worn can affect damages analysis.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Emergency and trauma center care
- Surgery costs
- Hospitalization
- ICU costs
- Rehabilitation costs
- Continuing care
- Long-term medical needs
- Adaptive equipment
- Home modifications
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Motorcycle replacement, gear damage, plus other property damage.
Pain and Suffering
Pain are significant.
Loss of Enjoyment of Life
Loss of riding. This itself can be significant damages.
Mental Health Treatment
PTSD is common after motorcycle crashes. Loss of the ability to ride.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
Fatal case damages.
Punitive Damages
Punitive damages may be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
Defense often pushes speed arguments even when contradicted by evidence. Expert testimony can rebut.
“The Rider Was Weaving”
Weaving defenses.
“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”
“You contributed too”.
“Pre-Existing Conditions”
Pre-existing condition defenses.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even without obvious injuries, Internal injuries may develop.
Stay at the Scene Until Police Arrive
Remain at the scene until law enforcement responds.
Document the Crash Scene
Comprehensive scene documentation.
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
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
Adjusters reach out fast. Recorded statements before legal advice create problematic admissions.
Riding Gear and Damages
Protective gear can affect damages analysis.
Showing you wore protective equipment defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. At-fault drivers often have inadequate coverage.
Your own UIM coverage may be essential.
Checking UIM coverage matters to recovery.
Attorney Costs
Lawyers experienced with motorcycle crashes earn fees only on recovery. These cases require significant investment in accident reconstruction, medical experts, and other specialists paid by counsel.
Move Quickly
These cases need quick attention.
Physical evidence must be preserved.
Independent observations fade quickly.
Camera evidence have limited retention.
The legal time limit applies regardless.
Getting an attorney involved promptly locks down the critical evidence.