Recovering Damages From a Motorcycle Wreck in Altus, OK
Motorcycle cases operate in a uniquely hostile legal environment. The hostility doesn’t come from the law. It comes from systemic prejudice against riders. Insurance companies know this and use it aggressively. A Altus motorcycle accident lawyer knows how to overcome this bias.
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:
- Motorcyclists are reckless
- If you ride a motorcycle, you accepted the danger
- Motorcyclists are speeding when crashes occur
- Riders take unsafe lane positions
- Riders share some fault for being on a motorcycle
Many of these beliefs are inaccurate. Studies of crash causation consistently show motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
Carriers leverage bias by:
- Aggressively challenge fault in clear-liability cases
- Making minimal offers
- Pushing comparative fault arguments
- Refusing to settle reasonable cases
Overcoming Juror Bias
Successfully handling motorcycle cases requires specific approaches.
Important approaches involve:
- Thorough voir dire
- Humanizing the rider
- Teaching jurors what motorcyclists actually do
- 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.
Post-ejection injuries can result 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 on pavement generates significant abrasion injuries. Severity varies widely.
Internal Injuries
Internal injuries from blunt force trauma happen in many motorcycle crashes.
Fractures
Bone injuries are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal cord injuries may result in paralysis.
Amputation Injuries
Significant trauma can require amputation.
Permanent Disfigurement
Visible permanent disfigurement impacts quality of 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 fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are common.
Drivers often don’t see motorcycles in their blind spots causes many incidents.
Rear-End Crashes
Cars hitting motorcycles from behind create catastrophic outcomes. At stops.
Driver Failing to Yield
Drivers failing to yield to motorcyclists.
Vehicles Crossing Centerlines
Cross-centerline crashes produce devastating outcomes.
Distracted Drivers
Inattentive drivers fail to see motorcyclists.
Drunk and Impaired Drivers
Drunk drivers cause many motorcycle crashes.
Road Hazards
Road conditions can be catastrophic for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Manufacturing defects or design flaws generate crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Different states have different requirements. Some states have universal helmet laws; partial helmet laws; free choice.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, Defense argues comparative fault for not wearing helmets.
This argument has varying legal treatment:
- Some states allow helmet non-use to reduce damages
- Other jurisdictions don’t allow this defense
- Some jurisdictions limit how this argument can be used
Helmet Use Where Legally Required
Where helmets are legally required, absence of a helmet can reduce recovery.
Helmet Standards and Quality
Defense may still attack helmet quality.
Helmet quality, condition, and certification may matter to the case.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Initial emergency treatment
- Surgery costs
- Inpatient care
- Critical care
- Rehabilitation costs
- Continuing care
- Long-term medical needs
- Adaptive devices
- Home adaptations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle damage or total loss, plus damage to riding gear, plus other property damage.
Pain and Suffering
Pain can be substantial.
Loss of Enjoyment of Life
Loss of riding as a lifestyle activity. This supports specific damages.
Mental Health Treatment
Mental health damages. Riding-related anxiety.
Loss of Consortium
Relationship impacts.
Wrongful Death
Wrongful death damages.
Punitive Damages
In cases involving particularly egregious conduct may be available.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” 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”
“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”
Comparative negligence.
“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, Hidden injuries are common.
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 motorcycle itself is critical evidence. Preserve it for reconstruction.
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
Insurance adjusters call quickly. Statements without legal advice hurt the case in lasting ways.
Riding Gear and Damages
Motorcycle gear can affect damages analysis.
Documentation that you were wearing safety equipment supports the case.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. 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 is important after a motorcycle crash.
Attorney Costs
Motorcycle accident attorneys charge no upfront fees. Specialty expertise costs paid by counsel.
Move Quickly
Time pressure on these cases is real.
Physical evidence requires preservation.
Independent observations fade quickly.
Video recordings require quick preservation.
The legal time limit continues running.
Connecting with a Altus motorcycle accident attorney quickly triggers preservation steps.