Motorcycle Accident Claims in Okmulgee, 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. Carriers leverage juror prejudice. An attorney familiar with the juror bias problem in motorcycle cases knows how to overcome this bias.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Juror prejudice against riders is well-documented.
Common juror beliefs that hurt motorcycle cases including:
- Motorcyclists are inherently dangerous
- Motorcyclists chose to ride and accepted the risk
- 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. Research on crash causation shows the at-fault party is usually the car driver.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
Insurers use the bias to:
- Disputing fault even when the driver was clearly at fault
- Lowballing settlement offers
- Pushing shared-fault theories
- Pushing cases to trial
Overcoming Juror Bias
Successfully handling motorcycle cases requires distinct tactics.
Important approaches involve:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Presenting the rider as a regular person
- Educating jurors about the realities of motorcycle riding
- Strong expert testimony
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Riders are exposed in ways car drivers aren’t.
In a car-motorcycle crash, the energy transfers to the rider’s body.
Ejection From the Motorcycle
Ejection from the motorcycle is common.
After ejection, additional injuries include secondary impacts and sliding.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding on pavement 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
Fractures frequently occur.
Spinal Cord Injuries
Spine damage can produce catastrophic spinal damage.
Amputation Injuries
Significant trauma may necessitate amputation.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement impacts quality of life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This is the leading crash type.
Failure to see motorcycles or misestimates speed/distance.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists account for many crashes.
Motorcycle blind-spot crashes causes many incidents.
Rear-End Crashes
Vehicles rear-ending motorcycles create catastrophic outcomes. At stops.
Driver Failing to Yield
Drivers failing to yield to motorcyclists.
Vehicles Crossing Centerlines
Cars crossing centerlines into oncoming motorcycle traffic can be catastrophic for motorcyclists.
Distracted Drivers
Distracted driving disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Impaired drivers are a significant cause.
Road Hazards
Road defects cause crashes for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Motorcycle defects drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
States have different helmet laws. Some states require helmets; partial helmet laws; 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 states bar this defense
- Some states limit this argument’s scope
Helmet Use Where Legally Required
In jurisdictions with helmet mandates, absence of a helmet can reduce recovery.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Helmet certifications, type, quality may be argued.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Initial emergency treatment
- Surgical care
- Hospitalization
- Critical care
- Physical therapy and rehabilitation
- Ongoing care
- Future medical care
- Adaptive equipment
- Home adaptations
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Motorcycle replacement, protective equipment damage, other property losses.
Pain and Suffering
Pain are typically major.
Loss of Enjoyment of Life
Loss of riding. This is recoverable.
Mental Health Treatment
PTSD is common after motorcycle crashes. Many riders develop fear of riding.
Loss of Consortium
Relationship impacts.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
Exemplary damages may be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” regardless of actual speed. Reconstruction can counter.
“The Rider Was Weaving”
“You were weaving”.
“The Rider Wasn’t Visible”
Defense argues the rider’s visibility. This argument often fails because drivers have a duty to look for motorcyclists.
“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”
Helmet-related defenses.
“Comparative Fault”
Defense pushes shared-fault arguments.
“Pre-Existing Conditions”
Pre-existing condition defenses.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even when feeling okay, 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 bike needs to be locked down. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Protective equipment 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
Adjusters reach out fast. Statements without legal advice can permanently damage the case.
Riding Gear and Damages
Protective gear can affect damages analysis.
Showing you wore safety equipment can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. At-fault drivers often have inadequate coverage.
Your own UIM coverage provides additional coverage.
Checking UIM coverage is important after a motorcycle crash.
Attorney Costs
Lawyers experienced with motorcycle crashes charge no upfront fees. Specialty expertise costs paid by counsel.
Move Quickly
These cases need quick attention.
The crash evidence must be preserved.
Witness memories deteriorate over time.
Video recordings require quick preservation.
Filing deadlines applies regardless.
Engaging counsel right away triggers preservation steps.