Motorcycle Accident Claims in Tecumseh, OK
Motorcycle accident cases face a problem most other auto cases don’t. The bias isn’t legal. It comes from cultural attitudes about motorcyclists. Insurers exploit this bias. A Tecumseh 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
Research consistently shows anti-motorcyclist bias.
Common juror beliefs that hurt motorcycle cases including:
- Motorcyclists are reckless
- Riders assumed the risk
- Riders are usually speeding
- Riders take unsafe lane positions
- Riders share some fault for being on a motorcycle
These beliefs are often wrong. Research on crash causation shows the at-fault party is usually the car driver.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
They exploit it through:
- Pushing comparative fault even with weak evidence
- Offering low settlement amounts
- Pushing comparative fault arguments
- Refusing to settle reasonable cases
Overcoming Juror Bias
Effective motorcycle case litigation requires distinct tactics.
Key methods include:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Presenting the rider as a regular person
- Teaching jurors what motorcyclists actually do
- Comprehensive crash reconstruction
- 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 energy transfers to the rider’s body.
Ejection From the Motorcycle
Riders frequently come off their motorcycles.
Post-ejection injuries can result 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
Head trauma is a major motorcycle injury category. Helmets help but don’t fully protect.
Road Rash
Road rash causes severe abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Internal injuries from blunt force trauma happen in many motorcycle crashes.
Fractures
Fractures are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal injuries can produce catastrophic spinal damage.
Amputation Injuries
Crush injuries and severe trauma can require amputation.
Permanent Disfigurement
Lasting cosmetic damage affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This is the most common motorcycle crash scenario.
Driver inattention to motorcycles or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change incidents are common.
Drivers often don’t see motorcycles in their blind spots causes many incidents.
Rear-End Crashes
Cars hitting motorcycles from behind can be particularly dangerous. At stops.
Driver Failing to Yield
Drivers failing to yield to motorcyclists.
Vehicles Crossing Centerlines
Head-on crashes produce devastating outcomes.
Distracted Drivers
Distracted driving are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Impaired 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 can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states have universal helmet laws; others require them only for certain riders; no helmet requirements.
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.
This argument has varying legal treatment:
- Some jurisdictions allow this argument to reduce damages
- Other states bar this defense
- Some jurisdictions limit how this argument can be used
Helmet Use Where Legally Required
In states with mandatory helmet laws, 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
Compensation in these cases include:
Medical Costs
- Emergency and trauma center care
- Multiple surgeries
- Hospitalization
- Critical care
- Rehabilitation
- Long-term care if needed
- Long-term medical needs
- Adaptive equipment
- Home adaptations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle replacement, protective equipment damage, additional 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
Psychological consequences. Loss of the ability to ride.
Loss of Consortium
Spousal damages.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
Punitive damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses despite evidence. Expert testimony can rebut.
“The Rider Was Weaving”
Weaving defenses.
“The Rider Wasn’t Visible”
Visibility defenses. Visibility duty rests on drivers.
“The Rider Assumed the Risk”
“You knew it was dangerous”. Assumption of risk doesn’t usually bar negligence.
“The Rider Wasn’t Wearing a Helmet”
Helmet-related defenses.
“Comparative Fault”
Comparative negligence.
“Pre-Existing Conditions”
Defense raises pre-existing conditions to challenge injury causation.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even when feeling okay, Hidden injuries are common.
Stay at the Scene Until Police Arrive
Don’t leave the scene until police arrive.
Document the Crash Scene
Visual evidence of every relevant detail.
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
Don’t speculate at the scene.
Get a Police Report
Insist on official documentation.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters reach out fast. Statements without legal advice create problematic admissions.
Riding Gear and Damages
Protective gear can affect damages analysis.
Evidence of wearing appropriate riding gear can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. At-fault drivers often have inadequate coverage.
Underinsured motorist (UIM) coverage on your own auto policy provides additional coverage.
Verifying available coverage is important after a motorcycle crash.
Attorney Costs
Lawyers experienced with motorcycle crashes work on contingency. Expert costs run high reimbursed from the recovery.
Move Quickly
Motorcycle accident cases require prompt action.
The motorcycle and other physical evidence requires preservation.
Witness memories fade quickly.
Video recordings require quick preservation.
OK’s statute of limitations continues running.
Engaging counsel right away positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.