Compensation After a Motorcycle Crash in Bacone, OK
Motorcycle accident cases face a problem most other auto cases don’t. The challenge isn’t doctrinal. It comes from systemic prejudice against riders. Insurance companies know this and use it aggressively. An attorney familiar with the juror bias problem in motorcycle cases knows how to overcome this bias.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Studies consistently show juror bias against motorcyclists.
Common juror beliefs that hurt motorcycle cases including:
- Motorcyclists are reckless
- Riders assumed the risk
- Riders are usually speeding
- Riders take unsafe lane positions
- Riders share some fault for being on a motorcycle
These attitudes don’t match the data. Research on crash causation shows motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Insurance carriers know about juror bias.
Insurers use the bias to:
- Pushing comparative fault even with weak evidence
- Lowballing settlement offers
- Pushing comparative fault arguments
- Pushing cases to trial
Overcoming Juror Bias
Successfully handling motorcycle cases requires specific approaches.
Important approaches involve:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Humanizing the rider
- Teaching jurors what motorcyclists actually do
- Comprehensive crash reconstruction
- 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
Riders frequently come off their motorcycles.
Following ejection, injuries can come from 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 generates significant abrasion injuries. Can range from minor to severe enough to require skin grafting.
Internal Injuries
Internal organ damage frequent in motorcycle crashes.
Fractures
Multiple fractures throughout the body are common.
Spinal Cord Injuries
Spinal cord injuries may result in paralysis.
Amputation Injuries
Significant trauma may necessitate amputation.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This is the leading crash type.
The driver typically fails to see the motorcycle or misjudges its speed or distance.
Lane Changes Into Motorcycles
Lane-change incidents account for many crashes.
Motorcycle blind-spot crashes accounts for many lane-change crashes.
Rear-End Crashes
Rear-end crashes against motorcycles cause significant injuries. Stopped motorcycles can be hit by vehicles not anticipating the stop.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Cross-centerline crashes are extremely dangerous.
Distracted Drivers
Inattentive drivers are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Impaired drivers are a significant cause.
Road Hazards
Road defects cause crashes for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Component failures can cause 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.
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
Where helmets are legally required, absence of a helmet can reduce recovery.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Type of helmet worn may matter to the case.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Initial emergency treatment
- Surgical care
- Hospital stays
- Critical care
- Rehabilitation costs
- Long-term care if needed
- Long-term medical needs
- Adaptive devices
- Home modifications
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle damage or total loss, protective equipment damage, plus other property damage.
Pain and Suffering
Pain damages can be substantial.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This is recoverable.
Mental Health Treatment
Psychological consequences. Riding-related anxiety.
Loss of Consortium
Relationship impacts.
Wrongful Death
Fatal case damages.
Punitive Damages
Exemplary damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Defense often pushes speed arguments regardless of actual speed. Comprehensive accident reconstruction can defeat unsupported speed claims.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“The Rider Wasn’t Visible”
“I couldn’t see you”. 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-related defenses.
“Comparative Fault”
“You contributed too”.
“Pre-Existing Conditions”
Prior medical history.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even without obvious injuries, motorcycle crash victims often have injuries that aren’t immediately apparent.
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 bike needs to be locked down. Preserve it for reconstruction.
Get Witness Information
Names and contact information for everyone who saw the crash.
Photograph Your Gear
Helmet, jacket, gloves, boots, and other riding gear 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
Adjusters reach out fast. Direct insurer communication can permanently damage the case.
Riding Gear and Damages
Motorcycle gear matters to the case.
Evidence of wearing safety equipment can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. Other drivers often have minimal insurance 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
Counsel handling these cases earn fees only on recovery. Specialty expertise costs advanced by the firm.
Move Quickly
Motorcycle accident cases require prompt action.
The motorcycle and other physical evidence must be preserved.
Witness recollections require prompt investigation.
Surveillance footage have limited retention.
Filing deadlines applies regardless.
Engaging counsel right away locks down the critical evidence.