Recovering Damages From a Motorcycle Wreck in Oklahoma City, OK
Motorcycle accident cases face a problem most other auto cases don’t. The bias isn’t legal. It comes from systemic prejudice against riders. Carriers leverage juror prejudice. A Oklahoma City 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 inherently dangerous
- Motorcyclists chose to ride and accepted the risk
- Riders are usually speeding
- Motorcyclists weave through traffic
- 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.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Insurance carriers know about juror bias.
Insurers use the bias to:
- Pushing comparative fault even with weak evidence
- Offering low settlement amounts
- Pushing comparative fault arguments
- Forcing trial in cases that would normally settle
Overcoming Juror Bias
Building motorcycle cases for success requires specific approaches.
Important approaches involve:
- Careful jury selection
- Humanizing the rider
- Educating jurors
- Comprehensive crash reconstruction
- Showing the rider’s safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Riders are exposed in ways car drivers aren’t.
During a crash involving a motorcycle and another vehicle, the motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Ejection from the motorcycle is common.
Post-ejection injuries can result from secondary impacts and sliding.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding contact causes severe abrasion injuries. Can range from minor to severe enough to require skin grafting.
Internal Injuries
Hidden internal damage are common in motorcycle crashes.
Fractures
Bone injuries frequently occur.
Spinal Cord Injuries
Spinal injuries may result in paralysis.
Amputation Injuries
Crush trauma may necessitate amputation.
Permanent Disfigurement
Visible permanent disfigurement impacts quality of life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turning vehicles.
This pattern is the leading cause.
The driver typically fails to see the motorcycle or fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Lane-change incidents account for many crashes.
Failure to see motorcycles in blind spots drives many of these crashes.
Rear-End Crashes
Vehicles rear-ending motorcycles cause significant injuries. At signals or stop signs.
Driver Failing to Yield
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Head-on crashes are extremely dangerous.
Distracted Drivers
Distracted driving disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Impaired drivers account for many serious crashes.
Road Hazards
Road conditions can be catastrophic for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Manufacturing defects or design flaws drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states have universal helmet laws; others require them only for certain riders; others have no helmet laws.
Helmet Use and Comparative Fault
In free-choice states, Defense argues comparative fault for not wearing helmets.
This argument has varying legal treatment:
- Some states permit this defense
- Other jurisdictions don’t allow this defense
- Some jurisdictions limit how this argument can be used
Helmet Use Where Legally Required
In states with mandatory helmet laws, absence of a helmet can reduce recovery.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Type of helmet worn can affect damages analysis.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Emergency and trauma center care
- Multiple surgeries
- Inpatient care
- Critical care
- Rehabilitation costs
- Ongoing care
- Future medical care
- Adaptive devices
- Home adaptations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle damage or total loss, gear damage, plus other property damage.
Pain and Suffering
Physical pain and suffering can be substantial.
Loss of Enjoyment of Life
Loss of riding. This supports specific damages.
Mental Health Treatment
Psychological consequences. Loss of the ability to ride.
Loss of Consortium
Spousal damages.
Wrongful Death
Fatal case damages.
Punitive Damages
Punitive damages may be available.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” despite evidence. Expert testimony can rebut.
“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”
Defense argues riders accepted the inherent risk of motorcycle riding. This argument generally fails because assumption of risk doesn’t typically bar negligence claims.
“The Rider Wasn’t Wearing a Helmet”
Helmet-related defenses.
“Comparative Fault”
Comparative negligence.
“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, Internal injuries may develop.
Stay at the Scene Until Police Arrive
Stay put until police arrive.
Document the Crash Scene
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The bike is critical evidence. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Names and contact information for everyone who saw the crash.
Photograph Your Gear
Helmet, jacket, gloves, boots, and other riding gear provides evidence.
Don’t Discuss Fault at the Scene
Leave fault determination to investigators.
Get a Police Report
Insist on official documentation.
Don’t Speak With Insurance Adjusters Without Counsel
Carrier representatives contact victims promptly. Direct insurer communication can permanently damage the case.
Riding Gear and Damages
Riding gear can affect damages analysis.
Evidence of wearing protective equipment defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. Other drivers’ coverage may be inadequate.
Your own UIM coverage can be critical to recovery.
Reviewing your own auto policy coverage is important after a motorcycle crash.
Attorney Costs
Counsel handling these cases work on contingency. Expert costs run high advanced by the firm.
Move Quickly
These cases need quick attention.
The motorcycle and other physical evidence requires preservation.
Witness memories require prompt investigation.
Video recordings require quick preservation.
OK’s statute of limitations sets a hard cutoff.
Connecting with a Oklahoma City motorcycle accident attorney quickly locks down the critical evidence.