Recovering Damages From a Motorcycle Wreck in Bethany, OK
Motorcycle cases operate in a uniquely hostile legal environment. The hostility doesn’t come from the law. It comes from cultural attitudes about motorcyclists. Insurers exploit this bias. A Bethany motorcycle accident lawyer 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:
- Motorcyclists are reckless
- Motorcyclists chose to ride and accepted the risk
- Motorcyclists are speeding when crashes occur
- Riders weave dangerously
- Riders deserve some blame for the inherent risk
These attitudes don’t match the data. Crash data demonstrates 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
- Lowballing settlement offers
- Pushing comparative fault arguments
- Refusing to settle reasonable cases
Overcoming Juror Bias
Successfully handling motorcycle cases requires distinct tactics.
Critical strategies include:
- Thorough voir dire
- Reframing the rider as a normal person who happened to be riding
- Educating jurors
- Presenting accident reconstruction evidence
- Demonstrating the rider’s care
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
Ejection from the motorcycle is common.
After ejection, additional injuries include secondary impacts and sliding.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Helmets help but don’t fully protect.
Road Rash
Sliding on pavement generates significant abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Hidden internal damage frequent in motorcycle crashes.
Fractures
Multiple fractures throughout the body frequently occur.
Spinal Cord Injuries
Spinal injuries can produce catastrophic spinal damage.
Amputation Injuries
Significant trauma can require amputation.
Permanent Disfigurement
Visible permanent disfigurement creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This pattern is the leading cause.
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.
Failure to see motorcycles in blind spots causes many incidents.
Rear-End Crashes
Cars hitting motorcycles from behind cause significant injuries. At signals or stop signs.
Driver Failing to Yield
Drivers failing to yield to motorcyclists.
Vehicles Crossing Centerlines
Head-on crashes are extremely dangerous.
Distracted Drivers
Inattentive drivers disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Drunk drivers account for many serious crashes.
Road Hazards
Road hazards that don’t significantly affect cars can be catastrophic for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Motorcycle defects generate 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; free choice.
Helmet Use and Comparative Fault
In free-choice states, Defense leverages helmet non-use.
This argument has varying legal treatment:
- Some states allow helmet non-use 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
Defense may still attack helmet quality.
Helmet certifications, type, quality may be argued.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Initial emergency treatment
- Surgery costs
- Inpatient care
- Intensive care if needed
- Rehabilitation
- Ongoing care
- Continuing treatment
- Adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Motorcycle replacement, plus damage to riding gear, other property losses.
Pain and Suffering
Pain damages are significant.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This itself can be significant damages.
Mental Health Treatment
PTSD is common after motorcycle crashes. Riding-related anxiety.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
Wrongful death damages.
Punitive Damages
In cases involving particularly egregious conduct may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Defense often pushes speed arguments regardless of actual speed. Expert testimony can rebut.
“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. This defense is generally unsuccessful.
“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 without obvious injuries, motorcycle crash victims often have injuries that aren’t immediately apparent.
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 needs to be locked down. Preserve it for reconstruction.
Get Witness Information
Witness identification.
Photograph Your Gear
Helmet, jacket, gloves, boots, and other riding gear provides evidence.
Don’t Discuss Fault at the Scene
Avoid admitting fault or speculating about cause.
Get a Police Report
Insist on official documentation.
Don’t Speak With Insurance Adjusters Without Counsel
Carrier representatives contact victims promptly. Direct insurer communication hurt the case in lasting ways.
Riding Gear and Damages
Riding gear is relevant evidence.
Documentation that you were wearing appropriate riding gear defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. At-fault drivers often have inadequate coverage.
Your own UIM coverage can be critical to recovery.
Verifying available coverage matters to recovery.
Attorney Costs
Motorcycle accident attorneys charge no upfront fees. 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 motorcycle and other physical evidence needs immediate protection.
Witness recollections fade quickly.
Video recordings require quick preservation.
Filing deadlines sets a hard cutoff.
Connecting with a Bethany motorcycle accident attorney quickly positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.