Compensation After a Motorcycle Crash in Enid, OK
Motorcycle accident cases face a problem most other auto cases don’t. The bias isn’t legal. It comes from juror bias against motorcyclists. Insurers exploit this bias. A local attorney experienced with motorcycle crashes knows how to overcome this bias.
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:
- Motorcyclists are inherently dangerous
- Riders assumed the risk
- Motorcyclists are speeding when crashes occur
- Motorcyclists weave through traffic
- Motorcyclists are partly to blame for any crash
Many of these beliefs are inaccurate. Studies of crash causation consistently show motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
They exploit it through:
- Aggressively challenge fault in clear-liability cases
- Offering low settlement amounts
- Pushing comparative fault arguments
- Pushing cases to trial
Overcoming Juror Bias
Building motorcycle cases for success requires specific approaches.
Key methods include:
- Careful jury selection
- Humanizing the rider
- Educating jurors about the realities of motorcycle riding
- 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
Riders frequently come off their motorcycles.
Post-ejection injuries can result from impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
Head trauma is a major motorcycle injury category. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding contact produces severe skin damage. Severity varies widely.
Internal Injuries
Internal organ damage are common in motorcycle crashes.
Fractures
Fractures are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal cord injuries can cause paralysis.
Amputation Injuries
Crush trauma may necessitate amputation.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This pattern is the leading cause.
The driver typically fails to see the motorcycle or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles 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 can be particularly dangerous. At stops.
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
Inattentive drivers are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Drunk drivers cause many motorcycle crashes.
Road Hazards
Road conditions create dangers 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 for all motorcyclists; partial helmet laws; no helmet requirements.
Helmet Use and Comparative Fault
In free-choice states, Defense argues comparative fault for not wearing helmets.
This issue receives different legal treatment:
- Some states permit this defense
- Other jurisdictions don’t allow 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
Even helmet-wearing riders may face challenges.
Helmet certifications, type, quality may matter to the case.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Emergency and trauma center care
- Multiple surgeries
- Inpatient care
- Intensive care if needed
- Rehabilitation
- Long-term care if needed
- Future medical care
- Adaptive devices
- Accessibility renovations
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Motorcycle replacement, plus damage to riding gear, additional property damage.
Pain and Suffering
Pain damages can be substantial.
Loss of Enjoyment of Life
Loss of riding. This itself can be significant damages.
Mental Health Treatment
Psychological consequences. Many riders develop fear of riding.
Loss of Consortium
Relationship impacts.
Wrongful Death
Fatal case damages.
Punitive Damages
Punitive damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses even when contradicted by evidence. Comprehensive accident reconstruction can defeat unsupported speed claims.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“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”
“You knew it was dangerous”. Assumption of risk doesn’t usually bar negligence.
“The Rider Wasn’t Wearing a Helmet”
Where applicable.
“Comparative Fault”
Defense pushes shared-fault arguments.
“Pre-Existing Conditions”
Defense raises pre-existing conditions to challenge injury causation.
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
Don’t leave the scene even though injuries may be severe.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The damaged motorcycle requires preservation. Don’t let it be repaired.
Get Witness Information
Witness identification.
Photograph Your Gear
Helmet, jacket, gloves, boots, and other riding gear can be evidence.
Don’t Discuss Fault at the Scene
Don’t speculate at the scene.
Get a Police Report
Make sure law enforcement files the report.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters call quickly. Statements without legal advice hurt the case in lasting ways.
Riding Gear and Damages
Riding gear can affect damages analysis.
Documentation that you were wearing safety equipment can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. At-fault drivers often have inadequate coverage.
Personal UIM coverage provides additional coverage.
Checking UIM coverage is essential to evaluating recovery potential.
Attorney Costs
Counsel handling these cases earn fees only on recovery. Expert costs run high reimbursed from the recovery.
Move Quickly
Time pressure on these cases is real.
The crash evidence requires preservation.
Independent observations require prompt investigation.
Surveillance footage have limited retention.
OK’s statute of limitations continues running.
Engaging counsel right away positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.