Compensation After a Motorcycle Crash in Moore, OK
Motorcycle accident cases face a problem most other auto cases don’t. The challenge isn’t doctrinal. It comes from juror bias against motorcyclists. Insurers exploit this bias. A Moore 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
Research consistently shows anti-motorcyclist bias.
Many jurors hold beliefs that affect verdicts including:
- Riders take unnecessary risks
- Riders assumed the risk
- Motorcyclists are speeding when crashes occur
- Motorcyclists weave through traffic
- 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
Carriers understand the prejudice problem.
Carriers leverage bias by:
- Pushing comparative fault even with weak evidence
- Making minimal offers
- Pushing comparative fault arguments
- Refusing to settle reasonable cases
Overcoming Juror Bias
Building motorcycle cases for success requires distinct tactics.
Important approaches involve:
- Careful jury selection
- Reframing the rider as a normal person who happened to be riding
- Teaching jurors what motorcyclists actually do
- 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 motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Riders are typically ejected from motorcycles in crashes.
Post-ejection injuries can result from impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
Head trauma is a major motorcycle injury category. Even with helmets, TBI risk remains.
Road Rash
Sliding contact generates significant abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Internal injuries from blunt force trauma happen in many motorcycle crashes.
Fractures
Fractures frequently occur.
Spinal Cord Injuries
Spinal injuries can produce catastrophic spinal damage.
Amputation Injuries
Significant trauma may necessitate amputation.
Permanent Disfigurement
Visible permanent disfigurement creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This is the most common motorcycle crash scenario.
The driver typically fails to see the motorcycle or misestimates speed/distance.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists are particularly dangerous.
Drivers often don’t see motorcycles in their blind spots drives many of these 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
Cross-centerline crashes can be catastrophic for motorcyclists.
Distracted Drivers
Distracted driving are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Drunk drivers cause many motorcycle crashes.
Road Hazards
Road hazards that don’t significantly affect cars can be catastrophic 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
States have different helmet laws. Some states have universal helmet laws; riders under specific ages; others have no helmet laws.
Helmet Use and Comparative Fault
In free-choice states, 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 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
Recoverable losses include include:
Medical Costs
- Trauma center costs
- Multiple surgeries
- Hospitalization
- Intensive care if needed
- Rehabilitation costs
- Long-term care if needed
- Long-term medical needs
- Prosthetics and adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle damage or total loss, gear damage, other property losses.
Pain and Suffering
Pain can be substantial.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This is recoverable.
Mental Health Treatment
Psychological consequences. Loss of the ability to ride.
Loss of Consortium
Spousal damages.
Wrongful Death
Fatal case damages.
Punitive Damages
In cases involving particularly egregious conduct may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses even when contradicted by evidence. Reconstruction can counter.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“The Rider Wasn’t Visible”
“I couldn’t see you”. Drivers must look for motorcycles.
“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”
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 when feeling okay, Hidden injuries are common.
Stay at the Scene Until Police Arrive
Don’t leave the scene even though injuries may be severe.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The bike is critical evidence. 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
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. Recorded statements before legal advice create problematic admissions.
Riding Gear and Damages
Motorcycle gear matters to the case.
Evidence of wearing protective equipment supports the case.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. At-fault drivers often have inadequate coverage.
Underinsured motorist (UIM) coverage on your own auto policy provides additional coverage.
Verifying available coverage matters to recovery.
Attorney Costs
Motorcycle accident attorneys charge no upfront fees. Expert costs run high advanced by the firm.
Move Quickly
Time pressure on these cases is real.
Physical evidence must be preserved.
Witness recollections fade quickly.
Camera evidence require quick preservation.
OK’s statute of limitations applies regardless.
Connecting with a Moore motorcycle accident attorney quickly locks down the critical evidence.