Compensation After a Motorcycle Crash in Claremore, OK
Motorcyclists fight an uphill battle in personal injury law. The challenge isn’t doctrinal. It comes from juror bias against motorcyclists. Carriers leverage juror prejudice. 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
Juror prejudice against riders is well-documented.
Common juror beliefs that hurt motorcycle cases including:
- Motorcyclists are inherently dangerous
- If you ride a motorcycle, you accepted the danger
- Riders are usually speeding
- Riders take unsafe lane positions
- Riders share some fault for being on a motorcycle
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
Insurers are aware of anti-motorcyclist bias.
They exploit it through:
- Pushing comparative fault even with weak evidence
- Lowballing settlement offers
- Arguing rider contribution
- Refusing to settle reasonable cases
Overcoming Juror Bias
Effective motorcycle case litigation requires distinct tactics.
Key methods include:
- Thorough voir dire
- 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 safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
During a crash involving a motorcycle and another vehicle, the energy transfers to the rider’s body.
Ejection From the Motorcycle
Riders frequently come off their motorcycles.
Post-ejection injuries can result from impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Helmets help but don’t fully protect.
Road Rash
Sliding on pavement generates significant abrasion injuries. Can range from minor to severe enough to require skin grafting.
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
Lasting cosmetic damage affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This is the most common motorcycle crash scenario.
The driver typically fails to see the motorcycle or fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists account for many crashes.
Drivers often don’t see motorcycles in their blind spots drives many of these crashes.
Rear-End Crashes
Rear-end crashes against motorcycles cause significant injuries. At signals or stop signs.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Cross-centerline crashes can be catastrophic for motorcyclists.
Distracted Drivers
Inattentive drivers fail to see motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers are a significant cause.
Road Hazards
Road hazards that don’t significantly affect cars cause crashes for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Manufacturing defects or design flaws drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
States have different helmet laws. Some states have universal helmet laws; others require them only for certain riders; free choice.
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 prohibit this argument
- Some jurisdictions limit how this argument can be used
Helmet Use Where Legally Required
In states with mandatory helmet laws, absence of a helmet can reduce recovery.
Helmet Standards and Quality
Wearing a helmet doesn’t end the inquiry.
Type of helmet worn can affect damages analysis.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Initial emergency treatment
- Multiple surgeries
- Hospitalization
- ICU costs
- Rehabilitation costs
- Long-term care if needed
- 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, gear damage, other property losses.
Pain and Suffering
Pain are significant.
Loss of Enjoyment of Life
Loss of riding. This is recoverable.
Mental Health Treatment
PTSD is common after motorcycle crashes. Riding-related anxiety.
Loss of Consortium
Relationship impacts.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
Punitive damages may be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses even when contradicted by evidence. Reconstruction can counter.
“The Rider Was Weaving”
Weaving defenses.
“The Rider Wasn’t Visible”
Defense argues the rider’s visibility. Drivers must look for motorcycles.
“The Rider Assumed the Risk”
Defense argues riders accepted the inherent risk of motorcycle riding. This argument generally fails because assumption of risk doesn’t typically bar negligence claims.
“The Rider Wasn’t Wearing a Helmet”
Where applicable.
“Comparative Fault”
Comparative negligence.
“Pre-Existing Conditions”
Prior medical history.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even when feeling okay, Internal injuries may develop.
Stay at the Scene Until Police Arrive
Remain at the scene even though injuries may be severe.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The bike is critical evidence. Don’t let it be repaired.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Helmet, jacket, gloves, boots, and other riding gear may matter to the case.
Don’t Discuss Fault at the Scene
Don’t speculate at the scene.
Get a Police Report
Insist on official documentation.
Don’t Speak With Insurance Adjusters Without Counsel
Carrier representatives contact victims promptly. Statements without legal advice hurt the case in lasting ways.
Riding Gear and Damages
Motorcycle gear is relevant evidence.
Documentation that you were wearing protective equipment can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. At-fault drivers often have inadequate coverage.
Your own UIM coverage provides additional coverage.
Reviewing your own auto policy coverage is important after a motorcycle crash.
Attorney Costs
Counsel handling these cases charge no upfront fees. Expert costs run high reimbursed from the recovery.
Move Quickly
Motorcycle accident cases require prompt action.
Physical evidence must be preserved.
Witness recollections deteriorate over time.
Camera evidence require quick preservation.
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.