Recovering Damages From a Motorcycle Wreck in Purcell, OK
Motorcyclists fight an uphill battle in personal injury law. The bias isn’t legal. It comes from cultural attitudes about motorcyclists. Insurers exploit this bias. A local attorney experienced with motorcycle crashes knows how to overcome this bias.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Research consistently shows anti-motorcyclist bias.
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
- Riders share some fault for being on a motorcycle
These beliefs are often wrong. Crash data demonstrates car drivers cause most car-motorcycle crashes.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
Carriers leverage bias by:
- Pushing comparative fault even with weak evidence
- Lowballing settlement offers
- Pushing comparative fault arguments
- Forcing trial in cases that would normally settle
Overcoming Juror Bias
Successfully handling motorcycle cases requires specific approaches.
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
- Showing the rider’s training, experience, and safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcyclists have no vehicle structure protecting them.
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 striking the road, striking other vehicles, striking objects, being run over by other vehicles, sliding on the pavement.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Road rash produces severe skin damage. Can range from minor to severe enough to require skin grafting.
Internal Injuries
Internal injuries from blunt force trauma are common in motorcycle crashes.
Fractures
Multiple fractures throughout the body are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal cord injuries can cause paralysis.
Amputation Injuries
Significant 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
Lane-change crashes against motorcycles 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 can be particularly dangerous. 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 can be catastrophic for motorcyclists.
Distracted Drivers
Drivers using phones, GPS, or other distractions are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Impaired drivers are a significant cause.
Road Hazards
Road defects can be catastrophic for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Component failures drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. 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 issue receives different legal treatment:
- Some jurisdictions allow this argument to reduce damages
- Other jurisdictions don’t allow this defense
- Some states restrict this defense
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 matter to the case.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Emergency and trauma center care
- Multiple surgeries
- Inpatient care
- ICU costs
- Physical therapy and rehabilitation
- Ongoing care
- Long-term medical needs
- Adaptive equipment
- Home modifications
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Vehicle damages, protective equipment damage, plus other property damage.
Pain and Suffering
Pain damages are significant.
Loss of Enjoyment of Life
Loss of riding as a lifestyle activity. This itself can be significant damages.
Mental Health Treatment
Mental health damages. Riding-related anxiety.
Loss of Consortium
Relationship impacts.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
Punitive damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses even when contradicted by evidence. Comprehensive accident reconstruction can defeat unsupported speed claims.
“The Rider Was Weaving”
“You were weaving”.
“The Rider Wasn’t Visible”
Visibility defenses. Drivers must look for motorcycles.
“The Rider Assumed the Risk”
“You knew it was dangerous”. 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”
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
Don’t leave the scene until police arrive.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The bike needs to be locked down. Don’t let it be repaired.
Get Witness Information
Witness identification.
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. Recorded statements before legal advice can permanently damage the case.
Riding Gear and Damages
Riding gear is relevant evidence.
Evidence of wearing protective equipment can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. At-fault drivers often have inadequate coverage.
Underinsured motorist (UIM) coverage on your own auto policy can be critical to recovery.
Verifying available coverage is important after a motorcycle crash.
Attorney Costs
Counsel handling these cases work on contingency. Expert costs run high reimbursed from the recovery.
Move Quickly
These cases need quick attention.
The crash evidence must be preserved.
Witness recollections fade quickly.
Video recordings have limited retention.
The legal time limit applies regardless.
Engaging counsel right away positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.