Motorcycle Accident Claims in Sulphur, OK
Motorcyclists fight an uphill battle in personal injury law. The challenge isn’t doctrinal. It comes from juror bias against motorcyclists. Insurers exploit this bias. An attorney familiar with the juror bias problem in motorcycle cases builds the case around defeating juror prejudice.
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:
- 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
Many of these beliefs are inaccurate. Studies of crash causation consistently show motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
Carriers leverage bias by:
- Disputing fault even when the driver was clearly at fault
- Making minimal offers
- Arguing rider contribution
- Pushing cases to trial
Overcoming Juror Bias
Successfully handling motorcycle cases requires distinct tactics.
Key methods include:
- Careful jury selection
- Humanizing the rider
- Educating jurors
- Presenting accident reconstruction evidence
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Riders are exposed in ways car drivers aren’t.
During a crash involving a motorcycle and another vehicle, the rider bears the crash forces.
Ejection From the Motorcycle
Riders frequently come off their motorcycles.
Following ejection, injuries can come from impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Even with helmets, TBI risk remains.
Road Rash
Sliding contact generates significant abrasion injuries. Can range from minor to severe enough to require skin grafting.
Internal Injuries
Internal organ damage happen in many motorcycle crashes.
Fractures
Multiple fractures throughout the body are common.
Spinal Cord Injuries
Spinal cord injuries may result in paralysis.
Amputation Injuries
Significant trauma may necessitate amputation.
Permanent Disfigurement
Lasting cosmetic damage creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turning vehicles.
This is the most common motorcycle crash scenario.
Driver inattention to motorcycles or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles account for many crashes.
Drivers often don’t see motorcycles in their blind spots accounts for many lane-change crashes.
Rear-End Crashes
Vehicles rear-ending motorcycles create catastrophic outcomes. Stopped motorcycles can be hit by vehicles not anticipating the stop.
Driver Failing to Yield
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Cars crossing centerlines into oncoming motorcycle traffic are extremely dangerous.
Distracted Drivers
Inattentive drivers are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers cause many motorcycle crashes.
Road Hazards
Road hazards that don’t significantly affect cars cause crashes 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
States have different helmet laws. Some states require helmets for all motorcyclists; partial helmet laws; no helmet requirements.
Helmet Use and Comparative Fault
Without legal requirements, defense often argues failure to wear a helmet should reduce damages.
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
Defense may still attack helmet quality.
Helmet certifications, type, quality may be argued.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Trauma center costs
- Multiple surgeries
- Hospitalization
- Intensive care if needed
- Rehabilitation costs
- Long-term care if needed
- Future medical care
- Adaptive equipment
- 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, plus damage to riding gear, other property losses.
Pain and Suffering
Pain can be substantial.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This supports specific damages.
Mental Health Treatment
Mental health damages. Many riders develop fear of riding.
Loss of Consortium
Effects on intimate relationships.
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”
“You were going too fast” even when contradicted by evidence. Expert testimony can rebut.
“The Rider Was Weaving”
Weaving defenses.
“The Rider Wasn’t Visible”
Visibility defenses. Drivers must look for motorcycles.
“The Rider Assumed the Risk”
Defense argues riders accepted the inherent risk of motorcycle riding. 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”
Comparative negligence.
“Pre-Existing Conditions”
Prior medical history.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even with apparently minor symptoms, Internal injuries may develop.
Stay at the Scene Until Police Arrive
Remain at the scene until law enforcement responds.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The motorcycle itself is critical evidence. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Protective equipment may matter to the case.
Don’t Discuss Fault at the Scene
Don’t speculate at the scene.
Get a Police Report
Insist on official documentation.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters call quickly. Statements without legal advice can permanently damage the case.
Riding Gear and Damages
Riding gear can affect damages analysis.
Evidence of wearing protective equipment can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. Other drivers’ coverage may be inadequate.
Your own UIM coverage provides additional coverage.
Reviewing your own auto policy coverage is important after a motorcycle crash.
Attorney Costs
Counsel handling these cases work on contingency. These cases require significant investment in accident reconstruction, medical experts, and other specialists paid by counsel.
Move Quickly
Motorcycle accident cases require prompt action.
The motorcycle and other physical evidence requires preservation.
Witness recollections fade quickly.
Surveillance footage have limited retention.
Filing deadlines continues running.
Connecting with a Sulphur motorcycle accident attorney quickly triggers preservation steps.