Recovering Damages From a Motorcycle Wreck in Midwest City, OK
Motorcycle accident cases face a problem most other auto cases don’t. The hostility doesn’t come from the law. It comes from juror bias against motorcyclists. Insurers exploit this bias. A Midwest City motorcycle accident lawyer brings the right approach to a uniquely challenging area of injury law.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Juror prejudice against riders is well-documented.
Many jurors hold beliefs that affect verdicts including:
- Riders take unnecessary risks
- Riders assumed the risk
- Motorcyclists are speeding when crashes occur
- Riders take unsafe lane positions
- Motorcyclists are partly to blame for any crash
These beliefs are often wrong. Studies of crash causation consistently show motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
Insurers use the bias to:
- Aggressively challenge fault in clear-liability cases
- Making minimal offers
- Pushing shared-fault theories
- Pushing cases to trial
Overcoming Juror Bias
Effective motorcycle case litigation requires distinct tactics.
Important approaches involve:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Reframing the rider as a normal person who happened to be riding
- Educating jurors about the realities of motorcycle riding
- Presenting accident reconstruction evidence
- Demonstrating the rider’s care
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
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
TBI is common in motorcycle crashes. Helmets help but don’t fully protect.
Road Rash
Road rash generates significant abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Internal injuries from blunt force trauma happen in many motorcycle crashes.
Fractures
Fractures are common.
Spinal Cord Injuries
Spine damage may result in paralysis.
Amputation Injuries
Significant trauma may necessitate 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 pattern is the leading cause.
Failure to see motorcycles or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change incidents account for many crashes.
Drivers often don’t see motorcycles in their blind spots accounts for many lane-change crashes.
Rear-End Crashes
Cars hitting motorcycles from behind create catastrophic outcomes. At signals or stop signs.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Cars crossing centerlines into oncoming motorcycle traffic are extremely dangerous.
Distracted Drivers
Drivers using phones, GPS, or other distractions disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers cause many motorcycle crashes.
Road Hazards
Road defects cause crashes for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Motorcycle defects generate crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Different states have different requirements. Some states have universal helmet laws; partial helmet laws; no helmet requirements.
Helmet Use and Comparative Fault
In free-choice states, Defense leverages helmet non-use.
Different jurisdictions handle this differently:
- Some jurisdictions allow this argument to reduce damages
- Other states bar this defense
- Some states limit this argument’s scope
Helmet Use Where Legally Required
In jurisdictions with helmet mandates, failure to wear a helmet can support comparative fault.
Helmet Standards and Quality
Defense may still attack helmet quality.
Type of helmet worn may matter to the case.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Trauma center costs
- Multiple surgeries
- Hospital stays
- ICU costs
- Physical therapy and rehabilitation
- Ongoing care
- Continuing treatment
- Adaptive devices
- Accessibility renovations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle damage or total loss, gear damage, additional property damage.
Pain and Suffering
Pain can be substantial.
Loss of Enjoyment of Life
Loss of riding. This supports specific damages.
Mental Health Treatment
Psychological consequences. Riding-related anxiety.
Loss of Consortium
Spousal damages.
Wrongful Death
Wrongful death damages.
Punitive Damages
Punitive damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” despite evidence. Reconstruction can counter.
“The Rider Was Weaving”
Weaving defenses.
“The Rider Wasn’t Visible”
“I couldn’t see you”. Drivers must look for motorcycles.
“The Rider Assumed the Risk”
Defense argues riders accepted the inherent risk of motorcycle riding. Assumption of risk doesn’t usually bar negligence.
“The Rider Wasn’t Wearing a Helmet”
Where applicable.
“Comparative Fault”
Defense pushes shared-fault arguments.
“Pre-Existing Conditions”
Defense raises pre-existing conditions to challenge injury causation.
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
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The damaged motorcycle is critical evidence. Preserve it for reconstruction.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Protective equipment may matter to the case.
Don’t Discuss Fault at the Scene
Don’t speculate at the scene.
Get a Police Report
Make sure law enforcement files the report.
Don’t Speak With Insurance Adjusters Without Counsel
Carrier representatives contact victims promptly. Direct insurer communication create problematic admissions.
Riding Gear and Damages
Riding gear is relevant evidence.
Showing you wore safety equipment defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. At-fault drivers often have inadequate coverage.
Personal UIM coverage may be essential.
Checking UIM coverage is important after a motorcycle crash.
Attorney Costs
Counsel handling these cases work on contingency. Specialty expertise costs reimbursed from the recovery.
Move Quickly
Time pressure on these cases is real.
The motorcycle and other physical evidence needs immediate protection.
Witness recollections fade quickly.
Video recordings get overwritten on short retention cycles.
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.