Motorcycle Accident Claims in Newcastle, OK
Motorcycle accident cases face a problem most other auto cases don’t. The challenge isn’t doctrinal. It comes from cultural attitudes about motorcyclists. Insurers exploit this bias. A local attorney experienced with motorcycle crashes brings the right approach to a uniquely challenging area of injury law.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Studies consistently show juror bias against motorcyclists.
Common juror beliefs that hurt motorcycle cases including:
- Motorcyclists are reckless
- If you ride a motorcycle, you accepted the danger
- Motorcyclists are speeding when crashes occur
- Riders take unsafe lane positions
- Riders share some fault for being on a motorcycle
Many of these beliefs are inaccurate. Studies of crash causation consistently show car drivers cause most car-motorcycle crashes.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Insurance carriers know about juror bias.
Carriers leverage bias by:
- Pushing comparative fault even with weak evidence
- Lowballing settlement offers
- Arguing rider contribution
- Refusing to settle reasonable cases
Overcoming Juror Bias
Effective motorcycle case litigation involves specific strategies.
Key methods include:
- Thorough voir dire
- Presenting the rider as a regular person
- Educating jurors about the realities of motorcycle riding
- Comprehensive crash reconstruction
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Riders are exposed in ways car drivers aren’t.
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 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. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Road rash causes severe abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Internal organ damage frequent in motorcycle crashes.
Fractures
Multiple fractures throughout the body are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spine damage can produce catastrophic spinal damage.
Amputation Injuries
Crush trauma can result in amputation injuries.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turning vehicles.
This is the leading crash type.
Driver inattention to motorcycles or misjudges its speed or distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles account for many crashes.
Failure to see motorcycles in blind spots drives many of these crashes.
Rear-End Crashes
Vehicles rear-ending motorcycles can be particularly dangerous. Stopped motorcycles can be hit by vehicles not anticipating the stop.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Cars crossing centerlines into oncoming motorcycle traffic are extremely dangerous.
Distracted Drivers
Distracted driving fail to see motorcyclists.
Drunk and Impaired Drivers
Drunk drivers are a significant cause.
Road Hazards
Road conditions can be catastrophic for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Component failures can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
States have different helmet laws. Some states have universal helmet laws; others require them only for certain riders; no helmet requirements.
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 issue receives different legal treatment:
- Some states permit this defense
- Other jurisdictions don’t allow this defense
- Some states limit this argument’s scope
Helmet Use Where Legally Required
Where helmets are legally required, helmet non-use can reduce damages.
Helmet Standards and Quality
Wearing a helmet doesn’t end the inquiry.
Helmet certifications, type, quality may matter to the case.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Emergency and trauma center care
- Multiple surgeries
- Hospitalization
- ICU costs
- Rehabilitation costs
- Long-term care if needed
- Long-term medical needs
- Adaptive equipment
- Home adaptations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Vehicle damages, plus damage to riding gear, additional property damage.
Pain and Suffering
Pain 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. Many riders develop fear of riding.
Loss of Consortium
Relationship impacts.
Wrongful Death
Fatal case damages.
Punitive Damages
Punitive damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Defense often pushes speed arguments even when contradicted by evidence. Comprehensive accident reconstruction can defeat unsupported speed claims.
“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”
“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 without obvious injuries, Hidden injuries are common.
Stay at the Scene Until Police Arrive
Remain at 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 allow it to be repaired or destroyed before expert examination.
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
Make sure law enforcement files the report.
Don’t Speak With Insurance Adjusters Without Counsel
Carrier representatives contact victims promptly. Statements without legal advice hurt the case in lasting ways.
Riding Gear and Damages
Motorcycle gear can affect damages analysis.
Documentation that you were wearing safety equipment can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. At-fault drivers often have inadequate coverage.
Your own UIM coverage may be essential.
Verifying available coverage is important after a motorcycle crash.
Attorney Costs
Motorcycle accident attorneys work on contingency. These cases require significant investment in accident reconstruction, medical experts, and other specialists advanced by the firm.
Move Quickly
These cases need quick attention.
Physical evidence requires preservation.
Witness memories fade quickly.
Surveillance footage have limited retention.
The legal time limit sets a hard cutoff.
Connecting with a Newcastle motorcycle accident attorney quickly positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.