Recovering Damages From a Motorcycle Wreck in Piedmont, OK
Motorcycle accident cases face a problem most other auto cases don’t. The hostility doesn’t come from the law. It comes from juror bias against motorcyclists. Carriers leverage juror prejudice. A local attorney experienced with motorcycle crashes 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 reckless
- If you ride a motorcycle, you accepted the danger
- Motorcyclists are typically going too fast
- Riders take unsafe lane positions
- Motorcyclists are partly to blame for any crash
These beliefs are often wrong. 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.
Carriers leverage bias by:
- Aggressively challenge fault in clear-liability cases
- Making minimal offers
- Pushing comparative fault arguments
- Pushing cases to trial
Overcoming Juror Bias
Effective motorcycle case litigation involves specific strategies.
Important approaches involve:
- Careful jury selection
- Presenting the rider as a regular person
- Educating jurors about the realities of motorcycle riding
- Presenting accident reconstruction evidence
- Showing the rider’s training, experience, and safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
In a car-motorcycle crash, the motorcyclist absorbs the energy of the crash.
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
Head trauma is a major motorcycle injury category. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding contact generates significant abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Hidden internal damage are common in motorcycle crashes.
Fractures
Multiple fractures throughout the body are common.
Spinal Cord Injuries
Spine damage can cause paralysis.
Amputation Injuries
Crush injuries and severe trauma can require amputation.
Permanent Disfigurement
Lasting cosmetic damage affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turning vehicles.
This pattern is the leading cause.
Driver inattention to 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 signals or stop signs.
Driver Failing to Yield
Right-of-way violations against 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 defects cause crashes for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Motorcycle defects can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states require helmets for all motorcyclists; riders under specific ages; no helmet requirements.
Helmet Use and Comparative Fault
Without legal requirements, Defense argues comparative fault for not wearing helmets.
Different jurisdictions handle this differently:
- 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 jurisdictions with helmet mandates, absence of a helmet can reduce recovery.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Helmet quality, condition, and certification can affect damages analysis.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Initial emergency treatment
- Surgical care
- Hospitalization
- ICU costs
- Physical therapy and rehabilitation
- Continuing care
- Long-term medical needs
- Prosthetics and adaptive equipment
- Home modifications
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Motorcycle damage or total loss, protective equipment damage, additional property damage.
Pain and Suffering
Pain are significant.
Loss of Enjoyment of Life
Loss of riding. This itself can be significant damages.
Mental Health Treatment
Psychological consequences. Riding-related anxiety.
Loss of Consortium
Spousal damages.
Wrongful Death
Wrongful death damages.
Punitive Damages
Punitive 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”
Weaving defenses.
“The Rider Wasn’t Visible”
“I couldn’t see you”. Drivers must look for motorcycles.
“The Rider Assumed the Risk”
Assumption of risk defenses. This argument generally fails because assumption of risk doesn’t typically bar negligence claims.
“The Rider Wasn’t Wearing a Helmet”
Where applicable.
“Comparative Fault”
Defense pushes shared-fault arguments.
“Pre-Existing Conditions”
Prior medical history.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even with apparently minor symptoms, Hidden injuries are common.
Stay at the Scene Until Police Arrive
Stay put until law enforcement responds.
Document the Crash Scene
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The bike requires preservation. 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
Protective equipment provides evidence.
Don’t Discuss Fault at the Scene
Avoid admitting fault or speculating about cause.
Get a Police Report
Insist on official documentation.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters reach out fast. Direct insurer communication hurt the case in lasting ways.
Riding Gear and Damages
Riding gear matters to the case.
Documentation that you were wearing safety equipment supports the case.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. Other drivers often have minimal insurance coverage.
Your own UIM coverage may be essential.
Reviewing your own auto policy coverage matters to recovery.
Attorney Costs
Lawyers experienced with motorcycle crashes earn fees only on recovery. These cases require significant investment in accident reconstruction, medical experts, and other specialists reimbursed from the recovery.
Move Quickly
Motorcycle accident cases require prompt action.
Physical evidence requires preservation.
Witness memories require prompt investigation.
Camera evidence require quick preservation.
The legal time limit continues running.
Connecting with a Piedmont motorcycle accident attorney quickly positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.