Compensation After a Motorcycle Crash in Pryor, OK
Motorcycle cases operate in a uniquely hostile legal environment. The challenge isn’t doctrinal. It comes from cultural attitudes about motorcyclists. Carriers leverage juror prejudice. 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
Research consistently shows anti-motorcyclist bias.
Many jurors hold beliefs that affect verdicts including:
- Motorcyclists are inherently dangerous
- Motorcyclists chose to ride and accepted the risk
- Motorcyclists are speeding when crashes occur
- Riders weave dangerously
- Riders deserve some blame for the inherent risk
Many of these beliefs are inaccurate. Research on crash causation shows car drivers cause most car-motorcycle crashes.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
Carriers leverage bias by:
- Disputing fault even when the driver was clearly at fault
- Lowballing settlement offers
- Pushing comparative fault arguments
- Pushing cases to trial
Overcoming Juror Bias
Effective motorcycle case litigation requires specific approaches.
Key methods include:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Reframing the rider as a normal person who happened to be riding
- Teaching jurors what motorcyclists actually do
- Comprehensive crash reconstruction
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcyclists have no vehicle structure protecting them.
When a car hits a motorcycle, the energy transfers to the rider’s body.
Ejection From the Motorcycle
Ejection from the motorcycle is common.
Following ejection, injuries can come from striking the road, striking other vehicles, striking objects, being run over by other vehicles, sliding on the pavement.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding on pavement 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 common.
Spinal Cord Injuries
Spinal cord injuries can produce catastrophic spinal damage.
Amputation Injuries
Crush injuries and severe trauma can result in amputation injuries.
Permanent Disfigurement
Visible permanent disfigurement impacts quality of life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This is the most common motorcycle crash scenario.
Driver inattention to motorcycles or fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists are particularly dangerous.
Failure to see motorcycles in blind spots causes many incidents.
Rear-End Crashes
Rear-end crashes against motorcycles create catastrophic outcomes. Stopped motorcycles can be hit by vehicles not anticipating the stop.
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
Drivers using phones, GPS, or other distractions disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers cause many motorcycle crashes.
Road Hazards
Road conditions cause crashes for motorcyclists. Various surface defects.
Defective Motorcycles or Components
Manufacturing defects or design flaws drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Different states have different requirements. Some states require helmets for all motorcyclists; others require them only for certain riders; free choice.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, 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 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
Even helmet-wearing riders may face challenges.
Type of helmet worn may matter to the case.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Initial emergency treatment
- Surgical care
- Hospital stays
- ICU costs
- Physical therapy and rehabilitation
- Continuing care
- Continuing treatment
- Adaptive equipment
- Home adaptations
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Motorcycle damage or total loss, protective equipment damage, additional property damage.
Pain and Suffering
Pain can be substantial.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This is recoverable.
Mental Health Treatment
PTSD is common after motorcycle crashes. Loss of the ability to ride.
Loss of Consortium
Spousal damages.
Wrongful Death
Wrongful death damages.
Punitive Damages
In cases involving particularly egregious conduct may be available.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” even when contradicted by evidence. Comprehensive accident reconstruction can defeat unsupported speed claims.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“The Rider Wasn’t Visible”
“I couldn’t see you”. Visibility duty rests on drivers.
“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”
Where applicable.
“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 with apparently minor symptoms, Internal injuries may develop.
Stay at the Scene Until Police Arrive
Stay put until police arrive.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The damaged motorcycle requires preservation. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Helmet, jacket, gloves, boots, and other riding gear may matter to the case.
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 can permanently damage the case.
Riding Gear and Damages
Motorcycle gear can affect damages analysis.
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.
Personal UIM coverage provides additional coverage.
Reviewing your own auto policy coverage is important after a motorcycle crash.
Attorney Costs
Motorcycle accident attorneys work on contingency. Specialty expertise costs reimbursed from the recovery.
Move Quickly
These cases need quick attention.
The motorcycle and other physical evidence requires preservation.
Independent observations require prompt investigation.
Surveillance footage require quick preservation.
OK’s statute of limitations applies regardless.
Engaging counsel right away triggers preservation steps.