Compensation After a Motorcycle Crash in Alva, OK
Motorcycle accident cases face a problem most other auto cases don’t. The challenge isn’t doctrinal. It comes from cultural attitudes about motorcyclists. Carriers leverage juror prejudice. A local attorney experienced with motorcycle crashes brings the right approach to a uniquely challenging area of injury law.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Research consistently shows anti-motorcyclist bias.
Many jurors hold beliefs that affect verdicts including:
- Riders take unnecessary risks
- Motorcyclists chose to ride and accepted the risk
- Riders are usually speeding
- Motorcyclists weave through traffic
- Riders deserve some blame for the inherent risk
These attitudes don’t match the data. Studies of crash causation consistently show car drivers cause most car-motorcycle crashes.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
Insurers use the bias to:
- Disputing fault even when the driver was clearly at fault
- Offering low settlement amounts
- Pushing shared-fault theories
- Refusing to settle reasonable cases
Overcoming Juror Bias
Effective motorcycle case litigation requires specific approaches.
Important approaches involve:
- Careful jury selection
- Presenting the rider as a regular person
- Educating jurors
- Comprehensive crash reconstruction
- Showing the rider’s training, experience, and safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
In a car-motorcycle crash, the energy transfers to the rider’s body.
Ejection From the Motorcycle
Riders are typically ejected from motorcycles in crashes.
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. Helmets help but don’t fully protect.
Road Rash
Sliding contact causes severe abrasion injuries. Severity varies widely.
Internal Injuries
Internal organ damage are common in motorcycle crashes.
Fractures
Bone injuries are common.
Spinal Cord Injuries
Spinal cord injuries can cause paralysis.
Amputation Injuries
Significant trauma can require amputation.
Permanent Disfigurement
Lasting cosmetic damage 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.
Driver inattention to motorcycles or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles account for many crashes.
Drivers often don’t see motorcycles in their blind spots accounts for many lane-change crashes.
Rear-End Crashes
Rear-end crashes against motorcycles can be particularly dangerous. At stops.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Cars crossing centerlines into oncoming motorcycle traffic produce devastating outcomes.
Distracted Drivers
Inattentive drivers fail to see motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers cause many motorcycle crashes.
Road Hazards
Road hazards that don’t significantly affect cars cause crashes for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Component failures generate crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states have universal helmet laws; riders under specific ages; no helmet requirements.
Helmet Use and Comparative Fault
Without legal requirements, Defense leverages helmet non-use.
Different jurisdictions handle this differently:
- Some jurisdictions allow this argument to reduce damages
- Other states bar this defense
- Some states restrict this defense
Helmet Use Where Legally Required
In jurisdictions with helmet mandates, helmet non-use can reduce damages.
Helmet Standards and Quality
Defense may still attack helmet quality.
Type of helmet worn may be argued.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Trauma center costs
- Surgical care
- Inpatient care
- Intensive care if needed
- Rehabilitation
- Continuing care
- Long-term medical needs
- Adaptive devices
- Home adaptations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Vehicle damages, gear damage, additional property damage.
Pain and Suffering
Physical pain and suffering are significant.
Loss of Enjoyment of Life
Loss of riding. This is recoverable.
Mental Health Treatment
PTSD is common after motorcycle crashes. Riding-related anxiety.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
Exemplary damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses regardless of actual speed. Comprehensive accident reconstruction can defeat unsupported speed claims.
“The Rider Was Weaving”
Weaving defenses.
“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”
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 with apparently minor symptoms, Hidden injuries are common.
Stay at the Scene Until Police Arrive
Remain at the scene until police arrive.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The bike is critical evidence. Don’t let it be repaired.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Helmet, jacket, gloves, boots, and other riding gear can be evidence.
Don’t Discuss Fault at the Scene
Avoid admitting fault or speculating about cause.
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 can permanently damage the case.
Riding Gear and Damages
Riding gear can affect damages analysis.
Showing you wore appropriate riding gear defeats certain defenses.
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 can be critical to recovery.
Reviewing your own auto policy coverage is important after a motorcycle crash.
Attorney Costs
Lawyers experienced with motorcycle crashes work on contingency. Expert costs run high reimbursed from the recovery.
Move Quickly
Motorcycle accident cases require prompt action.
Physical evidence requires preservation.
Witness memories fade quickly.
Camera evidence have limited retention.
The legal time limit continues running.
Connecting with a Alva motorcycle accident attorney quickly triggers preservation steps.