Recovering Damages From a Motorcycle Wreck in Del City, OK
Motorcyclists fight an uphill battle in personal injury law. The hostility doesn’t come from the law. It comes from cultural attitudes about motorcyclists. Carriers leverage juror prejudice. A Del City motorcycle accident lawyer builds the case around defeating juror prejudice.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Research consistently shows anti-motorcyclist bias.
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 weave dangerously
- Motorcyclists are partly to blame for any crash
These beliefs are often wrong. Research on crash causation shows car drivers cause most car-motorcycle crashes.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
They exploit it through:
- Disputing fault even when the driver was clearly at fault
- Making minimal offers
- Pushing shared-fault theories
- Pushing cases to trial
Overcoming Juror Bias
Building motorcycle cases for success involves specific strategies.
Key methods include:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Humanizing the rider
- Teaching jurors what motorcyclists actually do
- Presenting accident reconstruction evidence
- 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.
Post-ejection injuries can result from secondary impacts and sliding.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Helmets help but don’t fully protect.
Road Rash
Sliding on pavement generates significant abrasion injuries. Severity varies widely.
Internal Injuries
Internal organ damage happen in many motorcycle crashes.
Fractures
Bone injuries are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal injuries can produce catastrophic spinal damage.
Amputation Injuries
Significant trauma can require 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.
Driver inattention to motorcycles or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change incidents are common.
Motorcycle blind-spot crashes accounts for many lane-change crashes.
Rear-End Crashes
Rear-end crashes against motorcycles create catastrophic outcomes. Stopped motorcycles can be hit by vehicles not anticipating the stop.
Driver Failing to Yield
Drivers failing to yield to motorcyclists.
Vehicles Crossing Centerlines
Head-on crashes can be catastrophic for motorcyclists.
Distracted Drivers
Distracted driving disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Drunk drivers account for many serious crashes.
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 have universal helmet laws; partial helmet laws; no helmet requirements.
Helmet Use and Comparative Fault
Without legal requirements, Defense argues comparative fault for not wearing helmets.
This issue receives different legal treatment:
- Some jurisdictions allow this argument to reduce damages
- Other states prohibit this argument
- Some states restrict this defense
Helmet Use Where Legally Required
In states with mandatory helmet laws, failure to wear a helmet can support comparative fault.
Helmet Standards and Quality
Wearing a helmet doesn’t end the inquiry.
Helmet certifications, type, quality can affect damages analysis.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Emergency and trauma center care
- Surgical care
- Inpatient care
- Intensive care if needed
- Rehabilitation
- Continuing care
- Future medical care
- Adaptive devices
- Home modifications
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, other property losses.
Pain and Suffering
Pain damages can be substantial.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This supports specific damages.
Mental Health Treatment
PTSD is common after motorcycle crashes. Riding-related anxiety.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
Fatal case damages.
Punitive Damages
Exemplary damages may be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses regardless of actual speed. Reconstruction can counter.
“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”
Defense argues riders accepted the inherent risk of motorcycle riding. Assumption of risk doesn’t usually bar negligence.
“The Rider Wasn’t Wearing a Helmet”
Helmet use challenges.
“Comparative Fault”
Defense pushes shared-fault arguments.
“Pre-Existing Conditions”
Pre-existing condition defenses.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even without obvious injuries, 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
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The damaged motorcycle is critical evidence. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Names and contact information for everyone who saw the crash.
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
Official documentation is essential.
Don’t Speak With Insurance Adjusters Without Counsel
Carrier representatives contact victims promptly. Recorded statements before legal advice create problematic admissions.
Riding Gear and Damages
Riding gear is relevant evidence.
Documentation that you were wearing appropriate riding gear can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. Other drivers’ coverage may be inadequate.
Underinsured motorist (UIM) coverage on your own auto policy can be critical to recovery.
Verifying available coverage is important after a motorcycle crash.
Attorney Costs
Motorcycle accident attorneys earn fees only on recovery. These cases require significant investment in accident reconstruction, medical experts, and other specialists advanced by the firm.
Move Quickly
Time pressure on these cases is real.
Physical evidence requires preservation.
Witness recollections deteriorate over time.
Surveillance footage have limited retention.
OK’s statute of limitations 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.