Recovering Damages From a Motorcycle Wreck in Clinton, OK
Motorcycle accident cases face a problem most other auto cases don’t. The challenge isn’t doctrinal. It comes from juror bias against motorcyclists. Insurance companies know this and use it aggressively. An attorney familiar with the juror bias problem in motorcycle cases brings the right approach to a uniquely challenging area of injury law.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Research consistently shows anti-motorcyclist bias.
Prevailing attitudes that affect motorcycle verdicts including:
- Riders take unnecessary risks
- Motorcyclists chose to ride and accepted the risk
- Motorcyclists are speeding when crashes occur
- Motorcyclists weave through traffic
- Riders deserve some blame for the inherent risk
Many of these beliefs are inaccurate. Research on crash causation shows car drivers cause most car-motorcycle crashes.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Insurance carriers know about juror bias.
They exploit it through:
- Disputing fault even when the driver was clearly at fault
- Lowballing settlement offers
- Pushing comparative fault arguments
- Pushing cases to trial
Overcoming Juror Bias
Effective motorcycle case litigation requires distinct tactics.
Key methods include:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Reframing the rider as a normal person who happened to be riding
- Educating jurors about the realities of motorcycle riding
- Strong expert testimony
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
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 striking the road, striking other vehicles, striking objects, being run over by other vehicles, sliding on the pavement.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Even with helmets, TBI risk remains.
Road Rash
Sliding on pavement produces severe skin damage. Can range from minor to severe enough to require skin grafting.
Internal Injuries
Internal organ damage happen in many motorcycle crashes.
Fractures
Fractures are common.
Spinal Cord Injuries
Spine damage can cause paralysis.
Amputation Injuries
Crush trauma may necessitate amputation.
Permanent Disfigurement
Visible permanent disfigurement creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This is the most common motorcycle crash scenario.
Failure to see motorcycles or fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists are common.
Drivers often don’t see motorcycles in their blind spots drives many of these crashes.
Rear-End Crashes
Vehicles rear-ending motorcycles cause significant injuries. Stopped motorcycles can be hit by vehicles not anticipating the stop.
Driver Failing to Yield
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Cars crossing centerlines into oncoming motorcycle traffic can be catastrophic for motorcyclists.
Distracted Drivers
Drivers using phones, GPS, or other distractions fail to see motorcyclists.
Drunk and Impaired Drivers
Impaired drivers are a significant cause.
Road Hazards
Road defects can be catastrophic for motorcyclists. Various surface defects.
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; riders under specific ages; 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 permit this defense
- Other states bar this defense
- Some states limit this argument’s scope
Helmet Use Where Legally Required
In jurisdictions with helmet mandates, failure to wear a helmet can support comparative fault.
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
- Trauma center costs
- Surgery costs
- Inpatient care
- Intensive care if needed
- Physical therapy and rehabilitation
- Long-term care if needed
- Long-term medical needs
- Prosthetics and adaptive equipment
- Home adaptations
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Motorcycle damage or total loss, gear damage, additional property damage.
Pain and Suffering
Physical pain and suffering 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
Spousal damages.
Wrongful Death
Fatal case damages.
Punitive Damages
Exemplary damages may be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
Defense often pushes speed arguments regardless of actual speed. Comprehensive accident reconstruction can defeat unsupported speed claims.
“The Rider Was Weaving”
Weaving defenses.
“The Rider Wasn’t Visible”
Visibility defenses. This argument often fails because drivers have a duty to look for motorcyclists.
“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”
Helmet use challenges.
“Comparative Fault”
“You contributed too”.
“Pre-Existing Conditions”
Pre-existing condition defenses.
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 motorcycle itself is critical evidence. Preserve it for reconstruction.
Get Witness Information
Witness identification.
Photograph Your Gear
Riding gear documentation can be evidence.
Don’t Discuss Fault at the Scene
Leave fault determination to investigators.
Get a Police Report
Official documentation is essential.
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 defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. Other drivers’ coverage may be inadequate.
Your own UIM coverage may be essential.
Verifying available coverage is important after a motorcycle crash.
Attorney Costs
Counsel handling these cases work on contingency. Specialty expertise costs paid by counsel.
Move Quickly
These cases need quick attention.
The motorcycle and other physical evidence requires preservation.
Witness memories require prompt investigation.
Video recordings require quick preservation.
Filing deadlines continues running.
Connecting with a Clinton motorcycle accident attorney quickly triggers preservation steps.