Compensation After a Motorcycle Crash in Bartlesville, OK
Motorcyclists fight an uphill battle in personal injury law. The hostility doesn’t come from the law. It comes from systemic prejudice against riders. Insurance companies know this and use it aggressively. 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
Juror prejudice against riders is well-documented.
Many jurors hold beliefs that affect verdicts including:
- Motorcyclists are reckless
- If you ride a motorcycle, you accepted the danger
- Riders are usually speeding
- Riders weave dangerously
- Motorcyclists are partly to blame for any crash
These attitudes don’t match the data. Research on crash causation shows motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
Carriers leverage bias by:
- Disputing fault even when the driver was clearly at fault
- Making minimal offers
- Pushing shared-fault theories
- Forcing trial in cases that would normally settle
Overcoming Juror Bias
Building motorcycle cases for success requires distinct tactics.
Critical strategies include:
- Careful jury selection
- Reframing the rider as a normal person who happened to be riding
- Educating jurors
- Strong expert testimony
- Showing the rider’s training, experience, and safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
When a car hits a motorcycle, the energy transfers to the rider’s body.
Ejection From the Motorcycle
Riders are typically ejected from motorcycles in crashes.
After ejection, additional injuries include impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Helmets help but don’t fully protect.
Road Rash
Road rash causes severe abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Internal injuries from blunt force trauma frequent in motorcycle crashes.
Fractures
Bone injuries are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spine damage may result in paralysis.
Amputation Injuries
Crush injuries and severe 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.
Driver inattention to motorcycles or fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists account for many crashes.
Drivers often don’t see motorcycles in their blind spots accounts for many lane-change crashes.
Rear-End Crashes
Vehicles rear-ending motorcycles create catastrophic outcomes. At stops.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Head-on crashes produce devastating outcomes.
Distracted Drivers
Inattentive drivers disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers account for many serious crashes.
Road Hazards
Road hazards that don’t significantly affect cars can be catastrophic for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Manufacturing defects or design flaws can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Different states have different requirements. Some states require helmets for all motorcyclists; partial helmet laws; others have no helmet laws.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, 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 prohibit this argument
- 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
Wearing a helmet doesn’t end the inquiry.
Helmet certifications, type, quality may be argued.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Initial emergency treatment
- Surgery costs
- Hospital stays
- ICU costs
- Rehabilitation
- Continuing care
- Future medical care
- Prosthetics and adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Motorcycle replacement, gear damage, additional property damage.
Pain and Suffering
Physical pain and suffering can be substantial.
Loss of Enjoyment of Life
Loss of riding. This is recoverable.
Mental Health Treatment
Psychological consequences. Loss of the ability to ride.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
Wrongful death damages.
Punitive Damages
Punitive damages may be available.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses even when contradicted by evidence. Reconstruction can counter.
“The Rider Was Weaving”
“You were weaving”.
“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”
Where applicable.
“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, Hidden injuries are common.
Stay at the Scene Until Police Arrive
Don’t leave the scene until law enforcement responds.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The damaged motorcycle is critical evidence. Don’t allow it to be repaired or destroyed before expert examination.
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
Leave fault determination to investigators.
Get a Police Report
Insist on official documentation.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters reach out fast. Direct insurer communication can permanently damage the case.
Riding Gear and Damages
Protective gear is relevant evidence.
Showing you wore appropriate riding gear can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. At-fault drivers often have inadequate coverage.
Personal UIM coverage provides additional coverage.
Checking UIM coverage matters to recovery.
Attorney Costs
Motorcycle accident attorneys work on contingency. Expert costs run high reimbursed from the recovery.
Move Quickly
These cases need quick attention.
Physical evidence requires preservation.
Witness memories require prompt investigation.
Surveillance footage get overwritten on short retention cycles.
Filing deadlines continues running.
Getting an attorney involved promptly positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.