Motorcycle Accident Claims in Skiatook, OK
Motorcyclists fight an uphill battle in personal injury law. The bias isn’t legal. It comes from cultural attitudes about motorcyclists. Insurance companies know this and use it aggressively. An attorney familiar with the juror bias problem in motorcycle cases brings the right approach to a uniquely challenging area of injury law.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Juror prejudice against riders is well-documented.
Prevailing attitudes that affect motorcycle verdicts including:
- Riders take unnecessary risks
- Motorcyclists chose to ride and accepted the risk
- Motorcyclists are speeding when crashes occur
- Motorcyclists weave through traffic
- Motorcyclists are partly to blame for any crash
These attitudes don’t match the data. Research on crash causation shows motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
They exploit it through:
- Pushing comparative fault even with weak evidence
- Offering low settlement amounts
- Pushing shared-fault theories
- Pushing cases to trial
Overcoming Juror Bias
Successfully handling motorcycle cases requires specific approaches.
Critical strategies include:
- Careful jury selection
- Humanizing the rider
- Educating jurors
- Strong expert testimony
- Showing the rider’s safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Riders are exposed in ways car drivers aren’t.
When a car hits a motorcycle, the rider bears the crash forces.
Ejection From the Motorcycle
Riders frequently come off their motorcycles.
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
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
Hidden internal damage are common in motorcycle crashes.
Fractures
Fractures frequently occur.
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
Lasting cosmetic damage impacts quality of life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This is the leading crash type.
Driver inattention to motorcycles or fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Lane-change incidents are common.
Motorcycle blind-spot crashes accounts for many lane-change crashes.
Rear-End Crashes
Cars hitting motorcycles from behind cause significant injuries. 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
Distracted driving are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers account for many serious crashes.
Road Hazards
Road defects cause crashes for motorcyclists. Various surface defects.
Defective Motorcycles or Components
Motorcycle defects 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; riders under specific ages; others have no helmet laws.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, defense often argues failure to wear a helmet should reduce damages.
Different jurisdictions handle this differently:
- Some states permit this defense
- Other states bar this defense
- Some jurisdictions limit how this argument can be used
Helmet Use Where Legally Required
Where helmets are legally required, absence of a helmet can reduce recovery.
Helmet Standards and Quality
Wearing a helmet doesn’t end the inquiry.
Helmet certifications, type, quality can affect damages analysis.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Trauma center costs
- Multiple surgeries
- Inpatient care
- Critical care
- Rehabilitation
- Ongoing care
- Continuing treatment
- Prosthetics and adaptive equipment
- Home modifications
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Vehicle damages, gear damage, plus other property damage.
Pain and Suffering
Pain damages can be substantial.
Loss of Enjoyment of Life
Loss of riding. This supports specific damages.
Mental Health Treatment
PTSD is common after motorcycle crashes. Many riders develop fear of riding.
Loss of Consortium
Spousal damages.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
In cases involving particularly egregious conduct may be available.
Common Insurance Defenses
“The Rider Was Speeding”
Defense often pushes speed arguments 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. Visibility duty rests on drivers.
“The Rider Assumed the Risk”
Assumption of risk defenses. This defense is generally unsuccessful.
“The Rider Wasn’t Wearing a Helmet”
Helmet use challenges.
“Comparative Fault”
“You contributed too”.
“Pre-Existing Conditions”
Defense raises pre-existing conditions to challenge injury causation.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even with apparently minor symptoms, motorcycle crash victims often have injuries that aren’t immediately apparent.
Stay at the Scene Until Police Arrive
Stay put even though injuries may be severe.
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 let it be repaired.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Riding gear documentation may matter to the case.
Don’t Discuss Fault at the Scene
Avoid admitting fault or speculating about cause.
Get a Police Report
Make sure law enforcement files the report.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters call quickly. Direct insurer communication can permanently damage the case.
Riding Gear and Damages
Riding gear matters to the case.
Showing you wore protective equipment supports the case.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. At-fault drivers often have inadequate coverage.
Personal UIM coverage may be essential.
Reviewing your own auto policy coverage is important after a motorcycle crash.
Attorney Costs
Counsel handling these cases earn fees only on recovery. These cases require significant investment in accident reconstruction, medical experts, and other specialists advanced by the firm.
Move Quickly
Time pressure on these cases is real.
Physical evidence requires preservation.
Independent observations fade quickly.
Camera evidence require quick preservation.
The legal time limit applies regardless.
Getting an attorney involved promptly positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.