Recovering Damages From a Motorcycle Wreck in Bixby, OK
Motorcycle accident cases face a problem most other auto cases don’t. The challenge isn’t doctrinal. It comes from juror bias against motorcyclists. Insurers exploit this bias. A Bixby motorcycle accident lawyer knows how to overcome this bias.
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:
- Motorcyclists are inherently dangerous
- If you ride a motorcycle, you accepted the danger
- Motorcyclists are typically going too fast
- Riders weave dangerously
- Riders share some fault for being on a motorcycle
These beliefs are often wrong. 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
Insurance carriers know about juror bias.
Insurers use the bias to:
- Pushing comparative fault even with weak evidence
- Making minimal offers
- Pushing comparative fault arguments
- Refusing to settle reasonable cases
Overcoming Juror Bias
Effective motorcycle case litigation requires specific approaches.
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
- Educating jurors
- Comprehensive crash reconstruction
- Showing the rider’s training, experience, and safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcyclists have no vehicle structure protecting them.
During a crash involving a motorcycle and another vehicle, the rider bears the crash forces.
Ejection From the Motorcycle
Riders frequently come off their motorcycles.
After ejection, additional injuries include secondary impacts and sliding.
Distinctive Injury Patterns
Traumatic Brain Injury
Head trauma is a major motorcycle injury category. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding contact causes severe abrasion injuries. Can range from minor to severe enough to require skin grafting.
Internal Injuries
Internal organ damage happen in many motorcycle crashes.
Fractures
Bone injuries frequently occur.
Spinal Cord Injuries
Spinal injuries may result in paralysis.
Amputation Injuries
Crush trauma can result in amputation injuries.
Permanent Disfigurement
Lasting cosmetic damage impacts quality of life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This pattern is the leading cause.
Failure to see motorcycles or misjudges its speed or distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles account for many crashes.
Failure to see motorcycles in blind spots causes many incidents.
Rear-End Crashes
Vehicles rear-ending motorcycles cause significant injuries. At stops.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Cross-centerline crashes produce devastating outcomes.
Distracted Drivers
Distracted driving fail to see motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers account for many serious crashes.
Road Hazards
Road conditions can be catastrophic for motorcyclists. Various surface defects.
Defective Motorcycles or Components
Motorcycle defects can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
States have different helmet laws. Some states require helmets for all motorcyclists; others require them only for certain riders; free choice.
Helmet Use and Comparative Fault
Without legal requirements, Defense leverages helmet non-use.
This argument has varying legal treatment:
- Some states allow helmet non-use to reduce damages
- Other states prohibit this argument
- Some jurisdictions limit how this argument can be used
Helmet Use Where Legally Required
In jurisdictions with helmet mandates, failure to wear a helmet can support comparative fault.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Helmet certifications, type, quality can affect damages analysis.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Initial emergency treatment
- Multiple surgeries
- Hospitalization
- ICU costs
- Rehabilitation
- Long-term care if needed
- Continuing treatment
- Adaptive devices
- Accessibility renovations
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Motorcycle replacement, plus damage to riding gear, other property losses.
Pain and Suffering
Pain are typically major.
Loss of Enjoyment of Life
Loss of riding as a lifestyle activity. This is recoverable.
Mental Health Treatment
Mental health damages. Many riders develop fear of riding.
Loss of Consortium
Relationship impacts.
Wrongful Death
Wrongful death damages.
Punitive Damages
Exemplary damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Defense often pushes speed arguments even when contradicted by evidence. Comprehensive accident reconstruction can defeat unsupported speed claims.
“The Rider Was Weaving”
Weaving defenses.
“The Rider Wasn’t Visible”
Visibility defenses. This argument often fails because drivers have a duty to look for motorcyclists.
“The Rider Assumed the Risk”
“You knew it was dangerous”. This argument generally fails because assumption of risk doesn’t typically bar negligence claims.
“The Rider Wasn’t Wearing a Helmet”
Helmet use challenges.
“Comparative Fault”
“You contributed too”.
“Pre-Existing Conditions”
Defense raises pre-existing conditions to challenge injury causation.
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
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 let it be repaired.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Protective equipment provides 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. Direct insurer communication can permanently damage the case.
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.
Underinsured motorist (UIM) coverage on your own auto policy may be essential.
Checking UIM coverage is essential to evaluating recovery potential.
Attorney Costs
Motorcycle accident attorneys earn fees only on recovery. Expert costs run high reimbursed from the recovery.
Move Quickly
These cases need quick attention.
The motorcycle and other physical evidence needs immediate protection.
Witness recollections require prompt investigation.
Video recordings require quick preservation.
The legal time limit applies regardless.
Connecting with a Bixby motorcycle accident attorney quickly locks down the critical evidence.