Compensation After a Motorcycle Crash in Broken Arrow, OK
Motorcycle cases operate in a uniquely hostile legal environment. The hostility doesn’t come from the law. It comes from juror bias against motorcyclists. Insurers exploit this bias. A local attorney experienced with motorcycle crashes knows how to overcome this bias.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Juror prejudice against riders is well-documented.
Prevailing attitudes that affect motorcycle verdicts including:
- Motorcyclists are reckless
- Motorcyclists chose to ride and accepted the risk
- Motorcyclists are typically going too fast
- Riders take unsafe lane positions
- Motorcyclists are partly to blame for any crash
Many of these beliefs are inaccurate. 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
Carriers understand the prejudice problem.
They exploit it through:
- Aggressively challenge fault in clear-liability cases
- Offering low settlement amounts
- Pushing shared-fault theories
- Pushing cases to trial
Overcoming Juror Bias
Successfully handling motorcycle cases requires specific approaches.
Important approaches involve:
- Careful jury selection
- Reframing the rider as a normal person who happened to be riding
- Teaching jurors what motorcyclists actually do
- 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.
When a car hits a motorcycle, the motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Riders frequently come off their motorcycles.
After ejection, additional injuries include striking the road, striking other vehicles, striking objects, being run over by other vehicles, sliding on the pavement.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Helmets help but don’t fully protect.
Road Rash
Sliding contact produces severe skin damage. Severity varies widely.
Internal Injuries
Hidden internal damage frequent in motorcycle crashes.
Fractures
Multiple fractures throughout the body frequently occur.
Spinal Cord Injuries
Spine damage can cause paralysis.
Amputation Injuries
Significant trauma can result in amputation injuries.
Permanent Disfigurement
Visible permanent disfigurement creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This pattern is the leading cause.
The driver typically fails to see the motorcycle or fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are particularly dangerous.
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
Head-on crashes are extremely dangerous.
Distracted Drivers
Inattentive drivers disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers cause many motorcycle crashes.
Road Hazards
Road hazards that don’t significantly affect cars can be catastrophic for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Motorcycle defects drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
States have different helmet laws. Some states require helmets; partial helmet laws; 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 states permit this defense
- Other states prohibit this argument
- Some states restrict this defense
Helmet Use Where Legally Required
Where helmets are legally required, helmet non-use can reduce damages.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Type of helmet worn can affect damages analysis.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Emergency and trauma center care
- Multiple surgeries
- Inpatient care
- Intensive care if needed
- Rehabilitation
- Ongoing care
- Future medical care
- Adaptive devices
- Home adaptations
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Motorcycle damage or total loss, gear damage, other property losses.
Pain and Suffering
Pain damages are significant.
Loss of Enjoyment of Life
Loss of riding as a lifestyle activity. This itself can be significant damages.
Mental Health Treatment
Mental health damages. Many riders develop fear of riding.
Loss of Consortium
Spousal damages.
Wrongful Death
Wrongful death damages.
Punitive Damages
Punitive damages may be available.
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”
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 with apparently minor symptoms, Hidden injuries are common.
Stay at the Scene Until Police Arrive
Stay put even though injuries may be severe.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The damaged motorcycle needs to be locked down. 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 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
Insurance adjusters call quickly. Direct insurer communication can permanently damage the case.
Riding Gear and Damages
Protective 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. Other drivers often have minimal insurance coverage.
Your own UIM coverage can be critical to recovery.
Checking UIM coverage is important after a motorcycle crash.
Attorney Costs
Motorcycle accident attorneys charge no upfront fees. Specialty expertise costs advanced by the firm.
Move Quickly
These cases need quick attention.
Physical evidence must be preserved.
Witness memories deteriorate over time.
Surveillance footage have limited retention.
OK’s statute of limitations sets a hard cutoff.
Getting an attorney involved promptly triggers preservation steps.