Compensation After a Motorcycle Crash in The Village, OK
Motorcycle accident cases face a problem most other auto cases don’t. The bias isn’t legal. It comes from systemic prejudice against riders. Insurers exploit this bias. A The Village 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.
Many jurors hold beliefs that affect verdicts including:
- Motorcyclists are inherently dangerous
- Motorcyclists chose to ride and accepted the risk
- Riders are usually speeding
- Riders weave dangerously
- Riders share some fault for being on a motorcycle
Many of these beliefs are inaccurate. Research on crash causation shows the at-fault party is usually the car driver.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
Insurers use the bias to:
- Pushing comparative fault even with weak evidence
- Making minimal offers
- Arguing rider contribution
- Forcing trial in cases that would normally settle
Overcoming Juror Bias
Effective motorcycle case litigation requires distinct tactics.
Critical strategies include:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Reframing the rider as a normal person who happened to be riding
- Educating jurors about the realities of motorcycle riding
- Presenting accident reconstruction evidence
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
During a crash involving a motorcycle and another vehicle, 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
Brain injuries are frequent. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding on pavement causes severe abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Internal injuries from blunt force trauma happen in many motorcycle crashes.
Fractures
Bone injuries frequently occur.
Spinal Cord Injuries
Spine damage can produce catastrophic spinal damage.
Amputation Injuries
Crush trauma can result in amputation injuries.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This is the leading crash type.
Failure to see motorcycles or fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are common.
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
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Cross-centerline crashes are extremely dangerous.
Distracted Drivers
Inattentive drivers fail to see 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
States have different helmet laws. Some states have universal helmet laws; others require them only for certain riders; others have no helmet laws.
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 states bar this defense
- Some states restrict this defense
Helmet Use Where Legally Required
Where helmets are legally required, helmet non-use can reduce damages.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Helmet quality, condition, and certification can affect damages analysis.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Emergency and trauma center care
- Surgical care
- Hospitalization
- ICU costs
- Physical therapy and rehabilitation
- Ongoing care
- Future medical care
- Prosthetics and adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle damage or total loss, plus damage to riding gear, plus other property damage.
Pain and Suffering
Physical pain and suffering can be substantial.
Loss of Enjoyment of Life
Loss of riding as a lifestyle activity. This is recoverable.
Mental Health Treatment
PTSD is common after motorcycle crashes. Many riders develop fear of riding.
Loss of Consortium
Relationship impacts.
Wrongful Death
Fatal case damages.
Punitive Damages
Punitive damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” even when contradicted by evidence. Reconstruction can counter.
“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 use challenges.
“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 without obvious injuries, motorcycle crash victims often have injuries that aren’t immediately apparent.
Stay at the Scene Until Police Arrive
Don’t leave the scene until law enforcement responds.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The damaged motorcycle requires preservation. Preserve it for reconstruction.
Get Witness Information
Witness identification.
Photograph Your Gear
Helmet, jacket, gloves, boots, and other riding gear provides evidence.
Don’t Discuss Fault at the Scene
Leave fault determination to investigators.
Get a Police Report
Make sure law enforcement files the report.
Don’t Speak With Insurance Adjusters Without Counsel
Carrier representatives contact victims promptly. Direct insurer communication hurt the case in lasting ways.
Riding Gear and Damages
Protective gear matters to the case.
Documentation that you were wearing appropriate riding gear supports the case.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. Other drivers often have minimal insurance coverage.
Your own UIM coverage provides additional coverage.
Checking UIM coverage is essential to evaluating recovery potential.
Attorney Costs
Lawyers experienced with motorcycle crashes work on contingency. These cases require significant investment in accident reconstruction, medical experts, and other specialists paid by counsel.
Move Quickly
Time pressure on these cases is real.
Physical evidence needs immediate protection.
Witness recollections deteriorate over time.
Surveillance footage require quick preservation.
The legal time limit applies regardless.
Getting an attorney involved promptly locks down the critical evidence.