Compensation After a Motorcycle Crash in Pauls Valley, OK
Motorcycle accident cases face a problem most other auto cases don’t. The bias isn’t legal. It comes from cultural attitudes about motorcyclists. Carriers leverage juror prejudice. A local attorney experienced with motorcycle crashes builds the case around defeating juror prejudice.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Research consistently shows anti-motorcyclist bias.
Common juror beliefs that hurt motorcycle cases including:
- Riders take unnecessary risks
- 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
These beliefs are often wrong. Research on crash causation shows car drivers cause most car-motorcycle crashes.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
Carriers leverage bias by:
- 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
Effective motorcycle case litigation requires specific approaches.
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
- Showing the rider’s safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
When a car hits a motorcycle, the motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Riders frequently come off their motorcycles.
Post-ejection injuries can result from secondary impacts and sliding.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Even with helmets, TBI risk remains.
Road Rash
Sliding on pavement produces severe skin damage. Can range from minor to severe enough to require skin grafting.
Internal Injuries
Internal injuries from blunt force trauma frequent in motorcycle crashes.
Fractures
Bone injuries frequently occur.
Spinal Cord Injuries
Spinal injuries can cause paralysis.
Amputation Injuries
Crush trauma can require 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 is the leading crash type.
Driver inattention to motorcycles or misestimates speed/distance.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists account for many crashes.
Failure to see motorcycles in blind spots accounts for many lane-change crashes.
Rear-End Crashes
Cars hitting motorcycles from behind create catastrophic outcomes. Stopped motorcycles can be hit by vehicles not anticipating the stop.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Cross-centerline crashes can be catastrophic for motorcyclists.
Distracted Drivers
Drivers using phones, GPS, or other distractions disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Impaired drivers cause many motorcycle crashes.
Road Hazards
Road defects cause crashes for motorcyclists. Various surface defects.
Defective Motorcycles or Components
Motorcycle defects drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states require helmets; others require them only for certain riders; no helmet requirements.
Helmet Use and Comparative Fault
In free-choice states, defense often argues failure to wear a helmet should reduce damages.
This argument has varying legal treatment:
- Some jurisdictions allow this argument to reduce damages
- Other states bar this defense
- Some states restrict this defense
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 quality, condition, and certification may be argued.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Emergency and trauma center care
- Surgery costs
- Hospitalization
- Critical care
- Rehabilitation costs
- Ongoing care
- Continuing treatment
- Prosthetics and adaptive equipment
- Home modifications
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Vehicle damages, plus damage to riding gear, plus other property damage.
Pain and Suffering
Physical pain and suffering are typically major.
Loss of Enjoyment of Life
Loss of riding as a lifestyle activity. This is recoverable.
Mental Health Treatment
Psychological consequences. Loss of the ability to ride.
Loss of Consortium
Relationship impacts.
Wrongful Death
Wrongful death damages.
Punitive Damages
Punitive damages may be available.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” 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”. This argument often fails because drivers have a duty to look for motorcyclists.
“The Rider Assumed the Risk”
Assumption of risk defenses. This defense is generally unsuccessful.
“The Rider Wasn’t Wearing a Helmet”
Helmet-related defenses.
“Comparative Fault”
Comparative negligence.
“Pre-Existing Conditions”
Prior medical history.
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 until police arrive.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The bike needs to be locked down. Don’t let it be repaired.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Helmet, jacket, gloves, boots, and other riding gear provides evidence.
Don’t Discuss Fault at the Scene
Don’t speculate at the scene.
Get a Police Report
Insist on official documentation.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters call quickly. Statements without legal advice hurt the case in lasting ways.
Riding Gear and Damages
Riding gear can affect damages analysis.
Evidence of wearing safety equipment supports the case.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. Other drivers’ coverage may be inadequate.
Underinsured motorist (UIM) coverage on your own auto policy can be critical to recovery.
Reviewing your own auto policy coverage matters to recovery.
Attorney Costs
Counsel handling these cases work on contingency. Specialty expertise costs paid by counsel.
Move Quickly
Time pressure on these cases is real.
The crash evidence must be preserved.
Witness memories deteriorate over time.
Camera evidence have limited retention.
The legal time limit applies regardless.
Engaging counsel right away locks down the critical evidence.