Compensation After a Motorcycle Crash in Seminole, OK
Motorcycle accident cases face a problem most other auto cases don’t. The bias isn’t legal. It comes from juror bias against motorcyclists. Insurance companies know this and use it aggressively. 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.
Common juror beliefs that hurt motorcycle cases including:
- Motorcyclists are reckless
- Motorcyclists chose to ride and accepted the risk
- Motorcyclists are speeding when crashes occur
- Riders weave dangerously
- Riders share some fault for being on a motorcycle
These attitudes don’t match the data. Research on crash causation shows the at-fault party is usually the car driver.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
Insurers use the bias to:
- Pushing comparative fault even with weak evidence
- Making minimal offers
- Arguing rider contribution
- Refusing to settle reasonable cases
Overcoming Juror Bias
Successfully handling motorcycle cases involves specific strategies.
Key methods include:
- Careful jury selection
- Reframing the rider as a normal person who happened to be riding
- Educating jurors
- Presenting accident reconstruction evidence
- Showing the rider’s training, experience, and safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcyclists have no vehicle structure protecting them.
During a crash involving a motorcycle and another vehicle, the motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Riders are typically ejected from motorcycles in crashes.
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
Road rash produces severe skin damage. Severity varies widely.
Internal Injuries
Internal organ damage frequent in motorcycle crashes.
Fractures
Bone injuries are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal cord injuries can produce catastrophic spinal damage.
Amputation Injuries
Significant trauma can require amputation.
Permanent Disfigurement
Visible permanent disfigurement creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turning vehicles.
This is the most common motorcycle crash scenario.
Failure to see motorcycles or misjudges its speed or distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are common.
Failure to see motorcycles in blind spots accounts for many lane-change crashes.
Rear-End Crashes
Rear-end crashes against motorcycles can be particularly dangerous. 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
Inattentive drivers are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Drunk drivers are a significant cause.
Road Hazards
Road hazards that don’t significantly affect cars cause crashes 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; others require them only for certain riders; others have no helmet laws.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, Defense argues comparative fault for not wearing helmets.
Different jurisdictions handle this differently:
- Some jurisdictions allow this argument to reduce damages
- Other states prohibit this argument
- Some jurisdictions limit how this argument can be used
Helmet Use Where Legally Required
In states with mandatory helmet laws, helmet non-use can reduce damages.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Helmet certifications, type, quality may matter to the case.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Initial emergency treatment
- Multiple surgeries
- Hospitalization
- Critical care
- Physical therapy and rehabilitation
- Continuing care
- Long-term medical needs
- Prosthetics and adaptive equipment
- Home adaptations
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Motorcycle replacement, plus damage to riding gear, additional property damage.
Pain and Suffering
Pain damages are significant.
Loss of Enjoyment of Life
Loss of riding. This supports specific damages.
Mental Health Treatment
Mental health damages. Riding-related anxiety.
Loss of Consortium
Relationship impacts.
Wrongful Death
Wrongful death damages.
Punitive Damages
Punitive damages may be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses despite evidence. Reconstruction can counter.
“The Rider Was Weaving”
Weaving defenses.
“The Rider Wasn’t Visible”
Defense argues the rider’s visibility. Drivers must look for motorcycles.
“The Rider Assumed the Risk”
Defense argues riders accepted the inherent risk of motorcycle riding. This defense is generally unsuccessful.
“The Rider Wasn’t Wearing a Helmet”
Helmet-related defenses.
“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 police arrive.
Document the Crash Scene
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The bike needs to be locked down. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Witness identification.
Photograph Your Gear
Protective equipment provides evidence.
Don’t Discuss Fault at the Scene
Leave fault determination to investigators.
Get a Police Report
Insist on official documentation.
Don’t Speak With Insurance Adjusters Without Counsel
Carrier representatives contact victims promptly. Recorded statements before legal advice can permanently damage the case.
Riding Gear and Damages
Protective gear can affect damages analysis.
Documentation that you were wearing appropriate riding gear defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. Other drivers’ coverage may be inadequate.
Underinsured motorist (UIM) coverage on your own auto policy provides additional coverage.
Verifying available coverage matters to recovery.
Attorney Costs
Motorcycle accident attorneys charge no upfront fees. Expert costs run high reimbursed from the recovery.
Move Quickly
Motorcycle accident cases require prompt action.
Physical evidence needs immediate protection.
Witness memories fade quickly.
Video recordings have limited retention.
Filing deadlines applies regardless.
Engaging counsel right away triggers preservation steps.