Recovering Damages From a Motorcycle Wreck in Yukon, OK
Motorcyclists fight an uphill battle in personal injury law. The bias isn’t legal. It comes from juror bias against motorcyclists. Insurance companies know this and use it aggressively. A Yukon motorcycle accident lawyer knows how to overcome this bias.
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
- Motorcyclists are typically going too fast
- Motorcyclists weave through traffic
- Riders deserve some blame for the inherent risk
Many of these beliefs are inaccurate. Crash data demonstrates car drivers cause most car-motorcycle crashes.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Insurance carriers know about juror bias.
Insurers use the bias to:
- Disputing fault even when the driver was clearly at fault
- Offering low settlement amounts
- Pushing shared-fault theories
- 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
- Reframing the rider as a normal person who happened to be riding
- Educating jurors
- Strong expert testimony
- Showing the rider’s safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
In a car-motorcycle crash, the rider bears the crash forces.
Ejection From the Motorcycle
Riders frequently come off their motorcycles.
Following ejection, injuries can come from impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
Head trauma is a major motorcycle injury category. Even with helmets, TBI risk remains.
Road Rash
Sliding contact causes severe abrasion injuries. Severity varies widely.
Internal Injuries
Internal injuries from blunt force trauma are common in motorcycle crashes.
Fractures
Multiple fractures throughout the body are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal injuries can produce catastrophic spinal damage.
Amputation Injuries
Significant trauma can result in amputation injuries.
Permanent Disfigurement
Visible permanent disfigurement affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This is the most common motorcycle crash scenario.
The driver typically fails to see the motorcycle or misjudges its speed or distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are particularly dangerous.
Motorcycle blind-spot crashes drives many of these crashes.
Rear-End Crashes
Rear-end crashes against motorcycles 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
Distracted driving disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Impaired drivers cause many motorcycle crashes.
Road Hazards
Road conditions cause crashes for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Motorcycle defects drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
States have different helmet laws. Some states require helmets; riders under specific ages; others have no helmet laws.
Helmet Use and Comparative Fault
In free-choice states, defense often argues failure to wear a helmet should reduce damages.
Different jurisdictions handle this differently:
- Some jurisdictions allow this argument to reduce damages
- Other jurisdictions don’t allow this defense
- Some states restrict this defense
Helmet Use Where Legally Required
In states with mandatory helmet laws, absence of a helmet can reduce recovery.
Helmet Standards and Quality
Wearing a helmet doesn’t end the inquiry.
Helmet certifications, type, quality may matter to the case.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Emergency and trauma center care
- Multiple surgeries
- Hospital stays
- ICU costs
- Rehabilitation costs
- Long-term care if needed
- Future medical care
- Adaptive equipment
- Home modifications
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle replacement, gear damage, additional property damage.
Pain and Suffering
Pain are significant.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This itself can be significant damages.
Mental Health Treatment
Psychological consequences. Riding-related anxiety.
Loss of Consortium
Spousal damages.
Wrongful Death
Fatal case damages.
Punitive Damages
Punitive damages may be recoverable.
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”
Defense argues the rider’s visibility. This argument often fails because drivers have a duty to look for motorcyclists.
“The Rider Assumed the Risk”
Defense argues riders accepted the inherent risk of motorcycle riding. This defense is generally unsuccessful.
“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 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
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The damaged motorcycle is critical evidence. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Witness identification.
Photograph Your Gear
Protective equipment provides evidence.
Don’t Discuss Fault at the Scene
Don’t speculate at the scene.
Get a Police Report
Make sure law enforcement files the report.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters call quickly. Statements without legal advice create problematic admissions.
Riding Gear and Damages
Motorcycle gear is relevant evidence.
Documentation that you were wearing safety equipment defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. At-fault drivers often have inadequate coverage.
Underinsured motorist (UIM) coverage on your own auto policy may be essential.
Reviewing your own auto policy coverage matters to recovery.
Attorney Costs
Lawyers experienced with motorcycle crashes charge no upfront fees. Specialty expertise costs reimbursed from the recovery.
Move Quickly
Time pressure on these cases is real.
The motorcycle and other physical evidence must be preserved.
Independent observations require prompt investigation.
Video recordings require quick preservation.
Filing deadlines applies regardless.
Engaging counsel right away triggers preservation steps.