Recovering Damages From a Motorcycle Wreck in Stillwater, OK
Motorcycle accident cases face a problem most other auto cases don’t. The hostility doesn’t come from the law. It comes from systemic prejudice against riders. Insurance companies know this and use it aggressively. A Stillwater motorcycle accident lawyer brings the right approach to a uniquely challenging area of injury law.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Studies consistently show juror bias against motorcyclists.
Common juror beliefs that hurt motorcycle cases including:
- Motorcyclists are reckless
- Riders assumed the risk
- Motorcyclists are speeding when crashes occur
- Riders take unsafe lane positions
- Riders deserve some blame for the inherent risk
These attitudes don’t match the data. Studies of crash causation consistently show car drivers cause most car-motorcycle crashes.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Insurance carriers know about juror bias.
They exploit it through:
- Pushing comparative fault even with weak evidence
- Making minimal offers
- Pushing comparative fault arguments
- Forcing trial in cases that would normally settle
Overcoming Juror Bias
Building motorcycle cases for success requires specific approaches.
Key methods include:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Presenting the rider as a regular person
- Educating jurors
- Strong expert testimony
- Showing the rider’s safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcyclists have no vehicle structure protecting them.
In a car-motorcycle crash, the energy transfers to the rider’s body.
Ejection From the Motorcycle
Riders are typically ejected from motorcycles in crashes.
Following ejection, injuries can come from 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 generates significant abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Hidden internal damage are common in motorcycle crashes.
Fractures
Multiple fractures throughout the body are common.
Spinal Cord Injuries
Spinal injuries may result in paralysis.
Amputation Injuries
Crush injuries and severe trauma may necessitate amputation.
Permanent Disfigurement
Lasting cosmetic damage creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This is the most common motorcycle crash scenario.
Failure to see motorcycles or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are particularly dangerous.
Motorcycle blind-spot crashes causes many incidents.
Rear-End Crashes
Vehicles rear-ending motorcycles cause significant injuries. At stops.
Driver Failing to Yield
Yield failures involving motorcycles.
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
Drunk drivers account for many serious crashes.
Road Hazards
Road conditions create dangers for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Component failures can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Different states have different requirements. Some states have universal helmet laws; partial helmet laws; no helmet requirements.
Helmet Use and Comparative Fault
In free-choice states, 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 jurisdictions limit how this argument can be used
Helmet Use Where Legally Required
In jurisdictions with helmet mandates, absence of a helmet can reduce recovery.
Helmet Standards and Quality
Defense may still attack helmet quality.
Type of helmet worn may matter to the case.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Emergency and trauma center care
- Surgery costs
- Hospitalization
- ICU costs
- Physical therapy and rehabilitation
- Ongoing care
- Long-term medical needs
- Adaptive devices
- Home adaptations
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Motorcycle damage or total loss, protective equipment damage, other property losses.
Pain and Suffering
Pain damages can be substantial.
Loss of Enjoyment of Life
Loss of riding. This supports specific damages.
Mental Health Treatment
Mental health damages. Loss of the ability to ride.
Loss of Consortium
Relationship impacts.
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. Expert testimony can rebut.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“The Rider Wasn’t Visible”
Visibility defenses. This argument often fails because drivers have a duty to look for motorcyclists.
“The Rider Assumed the Risk”
Assumption of risk defenses. This argument generally fails because assumption of risk doesn’t typically bar negligence claims.
“The Rider Wasn’t Wearing a Helmet”
Helmet use challenges.
“Comparative Fault”
Defense pushes shared-fault arguments.
“Pre-Existing Conditions”
Prior medical history.
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
Remain at the scene until police arrive.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The damaged motorcycle requires preservation. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Witness identification.
Photograph Your Gear
Helmet, jacket, gloves, boots, and other riding gear may matter to the case.
Don’t Discuss Fault at the Scene
Leave fault determination to investigators.
Get a Police Report
Official documentation is essential.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters call quickly. Statements without legal advice create problematic admissions.
Riding Gear and Damages
Protective gear is relevant evidence.
Evidence of wearing safety equipment can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. Other drivers’ coverage may be inadequate.
Underinsured motorist (UIM) coverage on your own auto policy may be essential.
Verifying available coverage is essential to evaluating recovery potential.
Attorney Costs
Counsel handling these cases charge no upfront fees. Expert costs run high paid by counsel.
Move Quickly
Motorcycle accident cases require prompt action.
The motorcycle and other physical evidence needs immediate protection.
Witness memories deteriorate over time.
Camera evidence have limited retention.
Filing deadlines applies regardless.
Getting an attorney involved promptly locks down the critical evidence.