Recovering Damages From a Motorcycle Wreck in Sallisaw, 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. 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
Research consistently shows anti-motorcyclist bias.
Many jurors hold beliefs that affect verdicts including:
- Motorcyclists are reckless
- 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
Many of these beliefs are inaccurate. Research on crash causation shows motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
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
- Lowballing settlement offers
- Arguing rider contribution
- Refusing to settle reasonable cases
Overcoming Juror Bias
Successfully handling motorcycle cases requires distinct tactics.
Critical strategies include:
- 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
- Comprehensive crash reconstruction
- Showing the rider’s training, experience, and safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
During a crash involving a motorcycle and another vehicle, the motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Ejection from the motorcycle is common.
Post-ejection injuries can result from impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Helmets help but don’t fully protect.
Road Rash
Sliding contact produces severe skin damage. Severe cases require skin grafting.
Internal Injuries
Internal organ damage frequent in motorcycle crashes.
Fractures
Bone injuries are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spine damage can produce catastrophic spinal damage.
Amputation Injuries
Crush trauma may necessitate amputation.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This is the most common motorcycle crash scenario.
Driver inattention to motorcycles or misjudges its speed or distance.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists are particularly dangerous.
Failure to see motorcycles in blind spots accounts for many lane-change crashes.
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 can be catastrophic for motorcyclists.
Distracted Drivers
Inattentive drivers disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Impaired drivers are a significant cause.
Road Hazards
Road defects can be catastrophic for motorcyclists. Specific road hazards.
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; others require them only for certain riders; free choice.
Helmet Use and Comparative Fault
In free-choice states, Defense argues comparative fault for not wearing helmets.
Different jurisdictions handle this differently:
- 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
Where helmets are legally required, failure to wear a helmet can support comparative fault.
Helmet Standards and Quality
Wearing a helmet doesn’t end the inquiry.
Helmet quality, condition, and certification may be argued.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Initial emergency treatment
- Surgical care
- Hospitalization
- Critical care
- Physical therapy and rehabilitation
- Continuing 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
Motorcycle replacement, gear damage, additional property damage.
Pain and Suffering
Pain damages are significant.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This itself can be significant damages.
Mental Health Treatment
PTSD is common after motorcycle crashes. Many riders develop fear of riding.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
Exemplary damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” despite evidence. Reconstruction can counter.
“The Rider Was Weaving”
Weaving defenses.
“The Rider Wasn’t Visible”
Defense argues the rider’s visibility. Visibility duty rests on drivers.
“The Rider Assumed the Risk”
“You knew it was dangerous”. This defense is generally unsuccessful.
“The Rider Wasn’t Wearing a Helmet”
Helmet use challenges.
“Comparative Fault”
Comparative negligence.
“Pre-Existing Conditions”
Pre-existing condition defenses.
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
Don’t leave the scene until police arrive.
Document the Crash Scene
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The damaged motorcycle is critical evidence. Preserve it for reconstruction.
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
Official documentation is essential.
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
Motorcycle gear is relevant evidence.
Evidence of wearing appropriate riding gear defeats certain defenses.
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 may be essential.
Checking UIM coverage matters to recovery.
Attorney Costs
Counsel handling these cases charge no upfront fees. 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.
The motorcycle and other physical evidence requires preservation.
Witness recollections fade quickly.
Video recordings require quick preservation.
Filing deadlines sets a hard cutoff.
Connecting with a Sallisaw motorcycle accident attorney quickly triggers preservation steps.