Recovering Damages From a Motorcycle Wreck in Chickasha, OK
Motorcycle cases operate in a uniquely hostile legal environment. The challenge isn’t doctrinal. It comes from cultural attitudes about motorcyclists. Insurance companies know this and use it aggressively. A Chickasha motorcycle accident lawyer builds the case around defeating juror prejudice.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Studies consistently show juror bias against motorcyclists.
Many jurors hold beliefs that affect verdicts including:
- Riders take unnecessary risks
- Riders assumed the risk
- Motorcyclists are typically going too fast
- Riders take unsafe lane positions
- Riders deserve some blame for the inherent risk
These beliefs are often wrong. Studies of crash causation consistently show motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
Carriers leverage bias by:
- Pushing comparative fault even with weak evidence
- Making minimal offers
- Pushing shared-fault theories
- Pushing cases to trial
Overcoming Juror Bias
Effective motorcycle case litigation requires specific approaches.
Important approaches involve:
- Thorough voir dire
- Presenting the rider as a regular person
- Educating jurors
- Presenting accident reconstruction evidence
- Showing the rider’s safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Riders are exposed in ways car drivers aren’t.
In a car-motorcycle crash, the rider bears the crash forces.
Ejection From the Motorcycle
Ejection from the motorcycle is common.
Post-ejection injuries can result from secondary impacts and sliding.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding on pavement generates significant abrasion injuries. Can range from minor to severe enough to require skin grafting.
Internal Injuries
Internal organ damage are common in motorcycle crashes.
Fractures
Bone injuries frequently occur.
Spinal Cord Injuries
Spinal injuries can cause paralysis.
Amputation Injuries
Crush trauma may necessitate 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 pattern is the leading cause.
Failure to see motorcycles or fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists are common.
Failure to see motorcycles in blind spots drives many of these crashes.
Rear-End Crashes
Vehicles rear-ending motorcycles can be particularly dangerous. At stops.
Driver Failing to Yield
Drivers failing to yield to motorcyclists.
Vehicles Crossing Centerlines
Cars crossing centerlines into oncoming motorcycle traffic are extremely dangerous.
Distracted Drivers
Distracted driving are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Impaired drivers are a significant cause.
Road Hazards
Road hazards that don’t significantly affect cars can be catastrophic for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Manufacturing defects or design flaws drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Different states have different requirements. Some states require helmets; partial helmet laws; others have no helmet laws.
Helmet Use and Comparative Fault
In free-choice states, Defense leverages helmet non-use.
Different jurisdictions handle this differently:
- Some states permit this defense
- Other states bar 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
Even helmet-wearing riders may face challenges.
Helmet quality, condition, and certification can affect damages analysis.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Initial emergency treatment
- Surgical care
- Hospital stays
- Intensive care if needed
- Rehabilitation costs
- Ongoing care
- Continuing treatment
- Adaptive devices
- Home adaptations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle damage or total loss, gear damage, additional property damage.
Pain and Suffering
Pain are significant.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This itself can be significant damages.
Mental Health Treatment
Mental health damages. Loss of the ability to ride.
Loss of Consortium
Spousal damages.
Wrongful Death
Wrongful death damages.
Punitive Damages
In cases involving particularly egregious conduct may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses despite evidence. Expert testimony can rebut.
“The Rider Was Weaving”
Weaving defenses.
“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”
“You knew it was dangerous”. 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”
Prior medical history.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even with apparently minor symptoms, 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 damaged motorcycle is critical evidence. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Protective equipment can be evidence.
Don’t Discuss Fault at the Scene
Leave fault determination to investigators.
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 hurt the case in lasting ways.
Riding Gear and Damages
Motorcycle gear can affect damages analysis.
Evidence of wearing appropriate riding gear supports the case.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. Other drivers often have minimal insurance coverage.
Personal UIM coverage provides additional coverage.
Verifying available coverage is important after a motorcycle crash.
Attorney Costs
Lawyers experienced with motorcycle crashes earn fees only on recovery. Specialty expertise costs paid by counsel.
Move Quickly
These cases need quick attention.
The motorcycle and other physical evidence needs immediate protection.
Independent observations fade quickly.
Surveillance footage require quick preservation.
The legal time limit sets a hard cutoff.
Engaging counsel right away triggers preservation steps.