Recovering Damages From a Motorcycle Wreck in Weatherford, 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 Weatherford motorcycle accident lawyer builds the case around defeating juror prejudice.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Research consistently shows anti-motorcyclist bias.
Prevailing attitudes that affect motorcycle verdicts including:
- Motorcyclists are inherently dangerous
- If you ride a motorcycle, you accepted the danger
- Motorcyclists are typically going too fast
- Motorcyclists weave through traffic
- Riders deserve some blame for the inherent risk
These beliefs are often wrong. Crash data demonstrates motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Insurance carriers know about juror bias.
They exploit it through:
- Pushing comparative fault even with weak evidence
- Lowballing settlement offers
- Pushing comparative fault arguments
- Forcing trial in cases that would normally settle
Overcoming Juror Bias
Building motorcycle cases for success involves specific strategies.
Key methods include:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Humanizing the rider
- Educating jurors about the realities of motorcycle riding
- Presenting accident reconstruction evidence
- Showing the rider’s 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
Riders frequently come off their motorcycles.
Post-ejection injuries can result from secondary impacts and sliding.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Even with helmets, TBI risk remains.
Road Rash
Sliding on pavement causes severe abrasion injuries. Can range from minor to severe enough to require skin grafting.
Internal Injuries
Hidden internal damage frequent in motorcycle crashes.
Fractures
Bone injuries are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spine damage can produce catastrophic spinal damage.
Amputation Injuries
Crush injuries and severe trauma can require amputation.
Permanent Disfigurement
Visible permanent disfigurement impacts quality of 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.
Failure to see motorcycles in blind spots drives many of these crashes.
Rear-End Crashes
Vehicles rear-ending motorcycles can be particularly dangerous. At stops.
Driver Failing to Yield
Drivers failing to yield to motorcyclists.
Vehicles Crossing Centerlines
Cars crossing centerlines into oncoming motorcycle traffic produce devastating outcomes.
Distracted Drivers
Drivers using phones, GPS, or other distractions are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Drunk drivers are a significant cause.
Road Hazards
Road defects can be catastrophic for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Motorcycle defects can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states require helmets for all motorcyclists; riders under specific ages; no helmet requirements.
Helmet Use and Comparative Fault
Without legal requirements, 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 jurisdictions don’t allow this defense
- Some states limit this argument’s scope
Helmet Use Where Legally Required
In states with mandatory helmet laws, failure to wear a helmet can support comparative fault.
Helmet Standards and Quality
Wearing a helmet doesn’t end the inquiry.
Helmet quality, condition, and certification can affect damages analysis.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Emergency and trauma center care
- Surgery costs
- Hospital stays
- Intensive care if needed
- Physical therapy and rehabilitation
- Ongoing care
- Future medical care
- Prosthetics and adaptive equipment
- Home adaptations
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Vehicle damages, gear damage, 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 itself can be significant damages.
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
Exemplary damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses even when contradicted by evidence. Reconstruction can counter.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“The Rider Wasn’t Visible”
“I couldn’t see you”. Drivers must look for motorcycles.
“The Rider Assumed the Risk”
Assumption of risk defenses. Assumption of risk doesn’t usually bar negligence.
“The Rider Wasn’t Wearing a Helmet”
Helmet use challenges.
“Comparative Fault”
“You contributed too”.
“Pre-Existing Conditions”
Pre-existing condition defenses.
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
Don’t leave the scene even though injuries may be severe.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The bike requires preservation. Don’t let it be repaired.
Get Witness Information
Witness identification.
Photograph Your Gear
Protective equipment provides evidence.
Don’t Discuss Fault at the Scene
Avoid admitting fault or speculating about cause.
Get a Police Report
Official documentation is essential.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters call quickly. Direct insurer communication create problematic admissions.
Riding Gear and Damages
Protective gear is relevant evidence.
Evidence of wearing protective equipment defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. Other drivers’ coverage may be inadequate.
Underinsured motorist (UIM) coverage on your own auto policy may be essential.
Reviewing your own auto policy coverage matters to recovery.
Attorney Costs
Motorcycle accident attorneys charge no upfront fees. These cases require significant investment in accident reconstruction, medical experts, and other specialists advanced by the firm.
Move Quickly
Time pressure on these cases is real.
The crash evidence needs immediate protection.
Witness recollections require prompt investigation.
Surveillance footage have limited retention.
Filing deadlines applies regardless.
Getting an attorney involved promptly triggers preservation steps.