Compensation After a Motorcycle Crash in Wagoner, OK
Motorcyclists fight an uphill battle in personal injury law. The challenge isn’t doctrinal. It comes from systemic prejudice against riders. Insurers exploit this bias. An attorney familiar with the juror bias problem in motorcycle cases brings the right approach to a uniquely challenging area of injury law.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Juror prejudice against riders is well-documented.
Prevailing attitudes that affect motorcycle verdicts including:
- Motorcyclists are reckless
- Motorcyclists chose to ride and accepted the risk
- Riders are usually speeding
- Riders weave dangerously
- Riders deserve some blame for the inherent risk
Many of these beliefs are inaccurate. Research on crash causation shows car drivers cause most car-motorcycle crashes.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
They exploit it through:
- Pushing comparative fault even with weak evidence
- Lowballing settlement offers
- Arguing rider contribution
- Refusing to settle reasonable cases
Overcoming Juror Bias
Successfully handling motorcycle cases involves specific strategies.
Important approaches involve:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Presenting the rider as a regular person
- 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.
In a car-motorcycle crash, the motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Ejection from the motorcycle is common.
Post-ejection injuries can result from impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Road rash causes severe abrasion injuries. Severity varies widely.
Internal Injuries
Internal organ damage frequent in motorcycle crashes.
Fractures
Bone injuries frequently occur.
Spinal Cord Injuries
Spine damage may result in paralysis.
Amputation Injuries
Significant trauma may necessitate amputation.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This pattern is the leading cause.
Failure to see motorcycles or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change incidents account for many crashes.
Drivers often don’t see motorcycles in their blind spots accounts for many lane-change crashes.
Rear-End Crashes
Cars hitting motorcycles from behind can be particularly dangerous. At signals or stop signs.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Cars crossing centerlines into oncoming motorcycle traffic produce devastating outcomes.
Distracted Drivers
Drivers using phones, GPS, or other distractions disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Drunk drivers are a significant cause.
Road Hazards
Road conditions can be catastrophic for motorcyclists. Various surface defects.
Defective Motorcycles or Components
Motorcycle defects can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Different states have different requirements. Some states have universal helmet laws; riders under specific ages; free choice.
Helmet Use and Comparative Fault
Without legal requirements, Defense argues comparative fault for not wearing helmets.
This issue receives different legal treatment:
- Some states allow helmet non-use to reduce damages
- Other states bar this defense
- Some states restrict this defense
Helmet Use Where Legally Required
Where helmets are legally required, failure to wear a helmet can support comparative fault.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Helmet certifications, type, quality can affect damages analysis.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Emergency and trauma center care
- Surgery costs
- Hospitalization
- Intensive care if needed
- Rehabilitation
- Ongoing care
- Continuing treatment
- Prosthetics and adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Vehicle damages, plus damage to riding gear, plus other property damage.
Pain and Suffering
Physical pain and suffering are typically major.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This is recoverable.
Mental Health Treatment
Mental health damages. Loss of the ability to ride.
Loss of Consortium
Relationship impacts.
Wrongful Death
Fatal case damages.
Punitive Damages
Exemplary damages may be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses regardless of actual speed. Reconstruction can counter.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“The Rider Wasn’t Visible”
Visibility defenses. Visibility duty rests on drivers.
“The Rider Assumed the Risk”
“You knew it was dangerous”. 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”
Defense raises pre-existing conditions to challenge injury causation.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even without obvious injuries, Internal injuries may develop.
Stay at the Scene Until Police Arrive
Remain at the scene until law enforcement responds.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The motorcycle itself is critical evidence. Don’t let it be repaired.
Get Witness Information
Witness identification.
Photograph Your Gear
Riding gear documentation 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
Insurance adjusters call quickly. Direct insurer communication hurt the case in lasting ways.
Riding Gear and Damages
Protective gear can affect damages analysis.
Evidence of wearing safety equipment defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. At-fault drivers often have inadequate coverage.
Personal UIM coverage can be critical to recovery.
Checking UIM coverage is important after a motorcycle crash.
Attorney Costs
Counsel handling these cases charge no upfront fees. Expert costs run high paid by counsel.
Move Quickly
Time pressure on these cases is real.
The crash evidence requires preservation.
Independent observations fade quickly.
Video recordings get overwritten on short retention cycles.
Filing deadlines applies regardless.
Connecting with a Wagoner motorcycle accident attorney quickly locks down the critical evidence.