Motorcycle Accident Claims in Blackwell, OK
Motorcycle cases operate in a uniquely hostile legal environment. The hostility doesn’t come from the law. It comes from systemic prejudice against riders. Insurers exploit this bias. 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.
Prevailing attitudes that affect motorcycle verdicts including:
- Motorcyclists are inherently dangerous
- If you ride a motorcycle, you accepted the danger
- Motorcyclists are speeding when crashes occur
- Riders weave dangerously
- Riders deserve some blame for the inherent risk
Many of these beliefs are inaccurate. 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
Carriers understand the prejudice problem.
Carriers leverage bias by:
- Aggressively challenge fault in clear-liability cases
- Lowballing settlement offers
- Pushing comparative fault arguments
- Refusing to settle reasonable cases
Overcoming Juror Bias
Building motorcycle cases for success involves specific strategies.
Critical strategies include:
- Thorough voir dire
- Humanizing the rider
- 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 are typically ejected from motorcycles in crashes.
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 produces severe skin damage. Severe cases require skin grafting.
Internal Injuries
Internal organ damage happen in many motorcycle crashes.
Fractures
Fractures are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spine damage can cause paralysis.
Amputation Injuries
Significant trauma can require amputation.
Permanent Disfigurement
Visible permanent disfigurement 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.
Failure to see motorcycles or misjudges its speed or distance.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists are common.
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
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Cross-centerline crashes can be catastrophic for motorcyclists.
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
Manufacturing defects or design flaws can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states have universal helmet laws; partial helmet laws; others have no helmet laws.
Helmet Use and Comparative Fault
Without legal requirements, Defense argues comparative fault for not wearing helmets.
Different jurisdictions handle this differently:
- 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
In jurisdictions with helmet mandates, helmet non-use can reduce damages.
Helmet Standards and Quality
Defense may still attack helmet quality.
Type of helmet worn can affect damages analysis.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Emergency and trauma center care
- Multiple surgeries
- Hospital stays
- ICU costs
- Rehabilitation costs
- Ongoing care
- Long-term medical needs
- Adaptive equipment
- Home modifications
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Vehicle damages, plus damage to riding gear, additional property damage.
Pain and Suffering
Physical pain and suffering are typically major.
Loss of Enjoyment of Life
Loss of riding as a lifestyle activity. This itself can be significant damages.
Mental Health Treatment
Psychological consequences. Many riders develop fear of riding.
Loss of Consortium
Spousal damages.
Wrongful Death
Wrongful death damages.
Punitive Damages
Punitive damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” despite evidence. Comprehensive accident reconstruction can defeat unsupported speed claims.
“The Rider Was Weaving”
“You were weaving”.
“The Rider Wasn’t Visible”
“I couldn’t see you”. Drivers must look for motorcycles.
“The Rider Assumed the Risk”
Defense argues riders accepted the inherent risk of motorcycle riding. Assumption of risk doesn’t usually bar negligence.
“The Rider Wasn’t Wearing a Helmet”
Where applicable.
“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 when feeling okay, motorcycle crash victims often have injuries that aren’t immediately apparent.
Stay at the Scene Until Police Arrive
Stay put even though injuries may be severe.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The bike requires preservation. 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
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. Recorded statements before legal advice create problematic admissions.
Riding Gear and Damages
Motorcycle gear matters to the case.
Evidence of wearing appropriate riding gear 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 provides additional coverage.
Checking UIM coverage matters to recovery.
Attorney Costs
Lawyers experienced with motorcycle crashes work on contingency. Specialty expertise costs reimbursed from the recovery.
Move Quickly
Motorcycle accident cases require prompt action.
The motorcycle and other physical evidence requires preservation.
Witness recollections fade quickly.
Camera evidence get overwritten on short retention cycles.
The legal time limit sets a hard cutoff.
Engaging counsel right away positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.