Recovering Damages From a Motorcycle Wreck in Catoosa, OK
Motorcycle cases operate in a uniquely hostile legal environment. The bias isn’t legal. It comes from systemic prejudice against riders. Insurance companies know this and use it aggressively. A Catoosa motorcycle accident lawyer builds the case around defeating juror prejudice.
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
- Riders assumed the risk
- Motorcyclists are speeding when crashes occur
- Motorcyclists weave through traffic
- Riders deserve some blame for the inherent risk
These attitudes don’t match the data. Research on crash causation shows the at-fault party is usually the car driver.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
They exploit it through:
- Aggressively challenge fault in clear-liability cases
- Making minimal offers
- Pushing comparative fault arguments
- Pushing cases to trial
Overcoming Juror Bias
Building motorcycle cases for success involves specific strategies.
Key methods include:
- Careful jury selection
- Reframing the rider as a normal person who happened to be riding
- Teaching jurors what motorcyclists actually do
- Strong expert testimony
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Riders are exposed in ways car drivers aren’t.
During a crash involving a motorcycle and another vehicle, the motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Riders frequently come off their motorcycles.
Following ejection, injuries can come from impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Helmets help but don’t fully protect.
Road Rash
Sliding on pavement produces severe skin damage. Severe cases require skin grafting.
Internal Injuries
Internal organ damage are common in motorcycle crashes.
Fractures
Fractures are common.
Spinal Cord Injuries
Spinal injuries can produce catastrophic spinal damage.
Amputation Injuries
Significant trauma can require amputation.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This is the leading crash type.
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 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 cause many motorcycle crashes.
Road Hazards
Road conditions cause crashes for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
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; riders under specific ages; 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.
Different jurisdictions handle this differently:
- Some jurisdictions allow this argument to reduce damages
- Other states prohibit this argument
- Some states limit this argument’s scope
Helmet Use Where Legally Required
Where helmets are legally required, helmet non-use can reduce damages.
Helmet Standards and Quality
Defense may still attack helmet quality.
Helmet certifications, type, quality can affect damages analysis.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Trauma center costs
- Surgery costs
- Hospital stays
- ICU costs
- Rehabilitation
- Ongoing care
- Continuing treatment
- Prosthetics and adaptive equipment
- Home modifications
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Vehicle damages, plus damage to riding gear, additional property damage.
Pain and Suffering
Pain are significant.
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
Relationship impacts.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
In cases involving particularly egregious conduct may be available.
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”. Visibility duty rests on drivers.
“The Rider Assumed the Risk”
Assumption of risk defenses. This defense is generally unsuccessful.
“The Rider Wasn’t Wearing a Helmet”
Helmet-related defenses.
“Comparative Fault”
Defense pushes shared-fault arguments.
“Pre-Existing Conditions”
Prior medical history.
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
Remain at the scene until law enforcement responds.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The bike requires preservation. Don’t let it be repaired.
Get Witness Information
Names and contact information for everyone who saw the crash.
Photograph Your Gear
Protective equipment may matter to the case.
Don’t Discuss Fault at the Scene
Don’t speculate at the scene.
Get a Police Report
Official documentation is essential.
Don’t Speak With Insurance Adjusters Without Counsel
Carrier representatives contact victims promptly. Direct insurer communication create problematic admissions.
Riding Gear and Damages
Motorcycle gear can affect damages analysis.
Evidence of wearing protective equipment supports the case.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. Other drivers’ coverage may be inadequate.
Personal UIM coverage provides additional coverage.
Checking UIM coverage is essential to evaluating recovery potential.
Attorney Costs
Counsel handling these cases charge no upfront fees. Specialty expertise costs paid by counsel.
Move Quickly
These cases need quick attention.
Physical evidence requires preservation.
Witness memories deteriorate over time.
Surveillance footage have limited retention.
OK’s statute of limitations continues running.
Engaging counsel right away triggers preservation steps.