Motorcycle Accident Claims in Ada, OK
Motorcyclists fight an uphill battle in personal injury law. The hostility doesn’t come from the law. It comes from cultural attitudes about motorcyclists. Carriers leverage juror prejudice. A Ada motorcycle accident lawyer builds the case around defeating juror prejudice.
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 speeding when crashes occur
- Riders take unsafe lane positions
- 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.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
They exploit it through:
- Aggressively challenge fault in clear-liability cases
- Offering low settlement amounts
- Arguing rider contribution
- Refusing to settle reasonable cases
Overcoming Juror Bias
Successfully handling motorcycle cases requires distinct tactics.
Important approaches involve:
- Careful jury selection
- Presenting the rider as a regular person
- Educating jurors about the realities of motorcycle riding
- Strong expert testimony
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
When a car hits a motorcycle, the rider bears the crash forces.
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. Even with helmets, TBI risk remains.
Road Rash
Road rash produces severe skin damage. Severe cases require skin grafting.
Internal Injuries
Internal organ damage frequent in motorcycle crashes.
Fractures
Fractures are common.
Spinal Cord Injuries
Spine damage can cause paralysis.
Amputation Injuries
Significant trauma may necessitate amputation.
Permanent Disfigurement
Visible permanent disfigurement impacts quality of life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turning vehicles.
This pattern is the leading cause.
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 drives many of these crashes.
Rear-End Crashes
Cars hitting motorcycles from behind create catastrophic outcomes. 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 are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Drunk drivers cause many motorcycle crashes.
Road Hazards
Road hazards that don’t significantly affect cars can be catastrophic for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Component failures drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states have universal helmet laws; others require them only for certain riders; no helmet requirements.
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 bar this defense
- Some states limit this argument’s scope
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 quality, condition, and certification may be argued.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Emergency and trauma center care
- Surgical care
- Inpatient care
- Critical care
- Physical therapy and rehabilitation
- Long-term care if needed
- Continuing treatment
- Prosthetics and adaptive equipment
- Home adaptations
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Motorcycle damage or total loss, protective equipment damage, other property losses.
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
Mental health damages. Many riders develop fear of riding.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
Punitive damages may be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” regardless of actual speed. Reconstruction can counter.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“The Rider Wasn’t Visible”
“I couldn’t see you”. 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-related defenses.
“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 when feeling okay, Internal injuries may develop.
Stay at the Scene Until Police Arrive
Stay put until law enforcement responds.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The damaged motorcycle requires preservation. Don’t let it be repaired.
Get Witness Information
Witness identification.
Photograph Your Gear
Helmet, jacket, gloves, boots, and other riding gear can be evidence.
Don’t Discuss Fault at the Scene
Don’t speculate at the scene.
Get a Police Report
Official documentation is essential.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters reach out fast. Recorded statements before legal advice can permanently damage the case.
Riding Gear and Damages
Protective gear can affect damages analysis.
Evidence of wearing appropriate riding gear supports the case.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. Other drivers’ coverage may be inadequate.
Your own UIM coverage can be critical to recovery.
Checking UIM coverage is essential to evaluating recovery potential.
Attorney Costs
Counsel handling these cases earn fees only on recovery. These cases require significant investment in accident reconstruction, medical experts, and other specialists reimbursed from the recovery.
Move Quickly
Time pressure on these cases is real.
The motorcycle and other physical evidence needs immediate protection.
Independent observations fade quickly.
Camera evidence have limited retention.
OK’s statute of limitations sets a hard cutoff.
Getting an attorney involved promptly positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.