Recovering Damages From a Motorcycle Wreck in Anadarko, OK
Motorcycle accident cases face a problem most other auto cases don’t. The hostility doesn’t come from the law. It comes from systemic prejudice against riders. Carriers leverage juror prejudice. An attorney familiar with the juror bias problem in motorcycle cases brings the right approach to a uniquely challenging area of injury law.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Juror prejudice against riders is well-documented.
Common juror beliefs that hurt motorcycle cases including:
- Riders take unnecessary risks
- If you ride a motorcycle, you accepted the danger
- Motorcyclists are typically going too fast
- Riders weave dangerously
- Riders deserve some blame for the inherent risk
Many of these beliefs are inaccurate. Studies of crash causation consistently show motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
They exploit it through:
- Pushing comparative fault even with weak evidence
- Making minimal offers
- Arguing rider contribution
- Refusing to settle reasonable cases
Overcoming Juror Bias
Building motorcycle cases for success requires distinct tactics.
Critical strategies include:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Reframing the rider as a normal person who happened to be riding
- Teaching jurors what motorcyclists actually do
- Strong expert testimony
- Showing the rider’s safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcyclists have no vehicle structure protecting them.
In a car-motorcycle crash, the motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Riders are typically ejected from motorcycles in crashes.
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 causes severe abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Hidden internal damage frequent in motorcycle crashes.
Fractures
Multiple fractures throughout the body are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spine damage may result in paralysis.
Amputation Injuries
Crush trauma can require amputation.
Permanent Disfigurement
Lasting cosmetic damage affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This pattern is the leading cause.
Driver inattention to motorcycles or misjudges its speed or 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
Vehicles rear-ending motorcycles cause significant injuries. At signals or stop signs.
Driver Failing to Yield
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Cars crossing centerlines into oncoming motorcycle traffic can be catastrophic for motorcyclists.
Distracted Drivers
Inattentive drivers disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers cause many motorcycle crashes.
Road Hazards
Road conditions cause crashes for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Manufacturing defects or design flaws drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
States have different helmet laws. Some states have universal helmet laws; others require them only for certain riders; others have no helmet laws.
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 states allow helmet non-use to reduce damages
- Other states bar this defense
- Some states limit this argument’s scope
Helmet Use Where Legally Required
In jurisdictions with helmet mandates, 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
Compensation in these cases include:
Medical Costs
- Emergency and trauma center care
- Multiple surgeries
- Inpatient care
- Critical care
- Rehabilitation costs
- Long-term care if needed
- Future medical care
- Prosthetics and adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle damage or total loss, gear damage, other property losses.
Pain and Suffering
Pain can be substantial.
Loss of Enjoyment of Life
Loss of riding. This supports specific damages.
Mental Health Treatment
Psychological consequences. Many riders develop fear of riding.
Loss of Consortium
Spousal damages.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
Punitive damages may be available.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” despite evidence. Expert testimony can rebut.
“The Rider Was Weaving”
Weaving defenses.
“The Rider Wasn’t Visible”
“I couldn’t see you”. Visibility duty rests on drivers.
“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-related defenses.
“Comparative Fault”
Comparative negligence.
“Pre-Existing Conditions”
Pre-existing condition defenses.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even without obvious injuries, Hidden injuries are common.
Stay at the Scene Until Police Arrive
Stay put until law enforcement responds.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The motorcycle itself needs to be locked down. Preserve it for reconstruction.
Get Witness Information
Witness identification.
Photograph Your Gear
Riding gear documentation can be 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 hurt the case in lasting ways.
Riding Gear and Damages
Riding gear can affect damages analysis.
Documentation that you were wearing appropriate riding gear can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. Other drivers often have minimal insurance coverage.
Personal UIM coverage provides additional coverage.
Reviewing your own auto policy 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 advanced by the firm.
Move Quickly
Time pressure on these cases is real.
The crash evidence needs immediate protection.
Independent observations fade quickly.
Video recordings have limited retention.
OK’s statute of limitations applies regardless.
Engaging counsel right away positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.