Motorcycle Accident Claims in Tulsa, OK
Motorcycle cases operate in a uniquely hostile legal environment. The challenge isn’t doctrinal. It comes from systemic prejudice against riders. Insurance companies know this and use it aggressively. A local attorney experienced with motorcycle crashes builds the case around defeating juror prejudice.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Studies consistently show juror bias against motorcyclists.
Many jurors hold beliefs that affect verdicts including:
- Riders take unnecessary risks
- Riders assumed the risk
- Motorcyclists are typically going too fast
- Riders take unsafe lane positions
- Motorcyclists are partly to blame for any crash
These attitudes don’t match the data. Crash data demonstrates car drivers cause most car-motorcycle crashes.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
Carriers leverage bias by:
- Pushing comparative fault even with weak evidence
- Offering low settlement amounts
- Pushing shared-fault theories
- Pushing cases to trial
Overcoming Juror Bias
Effective motorcycle case litigation requires specific approaches.
Critical strategies include:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Humanizing the rider
- Educating jurors about the realities of motorcycle riding
- Strong expert testimony
- Showing the rider’s training, experience, and safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
When a car hits a motorcycle, the motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Ejection from the motorcycle is common.
After ejection, additional injuries include impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding on pavement generates significant abrasion injuries. Can range from minor to severe enough to 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 can cause paralysis.
Amputation Injuries
Crush trauma can result in amputation injuries.
Permanent Disfigurement
Lasting cosmetic damage impacts quality of life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turning vehicles.
This is the most common motorcycle crash scenario.
The driver typically fails to see the motorcycle or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are particularly dangerous.
Failure to see motorcycles in blind spots causes many incidents.
Rear-End Crashes
Cars hitting motorcycles from behind can be particularly dangerous. Stopped motorcycles can be hit by vehicles not anticipating the stop.
Driver Failing to Yield
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Cross-centerline crashes can be catastrophic for motorcyclists.
Distracted Drivers
Distracted driving fail to see motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers are a significant cause.
Road Hazards
Road defects can be catastrophic for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Component failures generate crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Different states have different requirements. Some states have universal helmet laws; others require them only for certain riders; free choice.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, Defense leverages helmet non-use.
This issue receives different legal treatment:
- Some states permit this defense
- Other states prohibit this argument
- Some jurisdictions limit how this argument can be used
Helmet Use Where Legally Required
In jurisdictions with helmet mandates, failure to wear a helmet can support comparative fault.
Helmet Standards and Quality
Defense may still attack helmet quality.
Helmet quality, condition, and certification may be argued.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Initial emergency treatment
- Multiple surgeries
- Hospital stays
- Critical care
- Rehabilitation
- Long-term care if needed
- Future medical care
- Prosthetics and adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Motorcycle replacement, protective equipment damage, additional property damage.
Pain and Suffering
Physical pain and suffering are significant.
Loss of Enjoyment of Life
Loss of riding as a lifestyle activity. This is recoverable.
Mental Health Treatment
Psychological consequences. Many riders develop fear of riding.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
Wrongful death damages.
Punitive Damages
In cases involving particularly egregious conduct may be available.
Common Insurance Defenses
“The Rider Was Speeding”
Defense often pushes speed arguments despite evidence. Reconstruction can counter.
“The Rider Was Weaving”
“You were weaving”.
“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”
Where applicable.
“Comparative Fault”
Defense pushes shared-fault arguments.
“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, Hidden injuries are common.
Stay at the Scene Until Police Arrive
Stay put until law enforcement responds.
Document the Crash Scene
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The motorcycle itself needs to be locked down. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Names and contact information for everyone who saw the crash.
Photograph Your Gear
Protective equipment can be 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
Adjusters reach out fast. Direct insurer communication can permanently damage the case.
Riding Gear and Damages
Protective gear can affect damages analysis.
Documentation that you were wearing appropriate riding gear supports the case.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. Other drivers often have minimal insurance coverage.
Personal UIM coverage may be essential.
Checking UIM coverage matters to recovery.
Attorney Costs
Motorcycle accident attorneys earn fees only on recovery. 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.
The crash evidence needs immediate protection.
Witness recollections fade quickly.
Camera evidence have limited retention.
OK’s statute of limitations applies regardless.
Connecting with a Tulsa motorcycle accident attorney quickly triggers preservation steps.