Compensation After a Motorcycle Crash in Glenpool, 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. Insurers exploit this bias. A Glenpool motorcycle accident lawyer knows how to overcome this bias.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Juror prejudice against riders is well-documented.
Many jurors hold beliefs that affect verdicts including:
- Riders take unnecessary risks
- Riders assumed the risk
- Riders are usually speeding
- Motorcyclists weave through traffic
- Riders share some fault for being on a motorcycle
Many of these beliefs are inaccurate. Studies of crash causation consistently show car drivers cause most car-motorcycle crashes.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Insurance carriers know about juror bias.
They exploit it through:
- Aggressively challenge fault in clear-liability cases
- Offering low settlement amounts
- Arguing rider contribution
- Refusing to settle reasonable cases
Overcoming Juror Bias
Effective motorcycle case litigation requires distinct tactics.
Key methods include:
- Careful jury selection
- Humanizing the rider
- Teaching jurors what motorcyclists actually do
- Strong expert testimony
- 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 rider bears the crash forces.
Ejection From the Motorcycle
Ejection from the motorcycle is common.
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
Head trauma is a major motorcycle injury category. Helmets help but don’t fully protect.
Road Rash
Sliding contact causes severe abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Hidden internal damage happen in many motorcycle crashes.
Fractures
Bone injuries are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal injuries can cause paralysis.
Amputation Injuries
Crush trauma can result in amputation injuries.
Permanent Disfigurement
Lasting cosmetic damage creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This pattern is the leading cause.
Driver inattention to motorcycles or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are common.
Drivers often don’t see motorcycles in their blind spots causes many incidents.
Rear-End Crashes
Vehicles rear-ending motorcycles can be particularly dangerous. 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 fail to see motorcyclists.
Drunk and Impaired Drivers
Drunk drivers are a significant cause.
Road Hazards
Road conditions can be catastrophic for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Motorcycle defects generate crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Different states have different requirements. Some states require helmets; partial helmet laws; free choice.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, Defense leverages helmet non-use.
This argument has varying legal treatment:
- Some states permit this defense
- Other states prohibit this argument
- Some states restrict this defense
Helmet Use Where Legally Required
In states with mandatory helmet laws, absence of a helmet can reduce recovery.
Helmet Standards and Quality
Defense may still attack helmet quality.
Type of helmet worn may be argued.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Trauma center costs
- Surgery costs
- Hospital stays
- ICU costs
- Physical therapy and rehabilitation
- Long-term care if needed
- Future medical care
- 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 replacement, protective equipment damage, other property losses.
Pain and Suffering
Pain are typically major.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This is recoverable.
Mental Health Treatment
PTSD is common after motorcycle crashes. Riding-related anxiety.
Loss of Consortium
Relationship impacts.
Wrongful Death
Fatal case damages.
Punitive Damages
In cases involving particularly egregious conduct may apply.
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”
Defense argues unsafe riding behavior.
“The Rider Wasn’t Visible”
“I couldn’t see you”. Visibility duty rests on drivers.
“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, Hidden injuries are common.
Stay at the Scene Until Police Arrive
Don’t leave the scene until law enforcement responds.
Document the Crash Scene
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The bike is critical evidence. Don’t let it be repaired.
Get Witness Information
Witness identification.
Photograph Your Gear
Protective equipment provides evidence.
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
Adjusters reach out fast. Recorded statements before legal advice can permanently damage the case.
Riding Gear and Damages
Riding gear matters to the case.
Documentation that you were 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 can be critical to recovery.
Reviewing your own auto policy coverage is essential to evaluating recovery potential.
Attorney Costs
Lawyers experienced with motorcycle crashes charge no upfront fees. These cases require significant investment in accident reconstruction, medical experts, and other specialists reimbursed from the recovery.
Move Quickly
Time pressure on these cases is real.
Physical evidence needs immediate protection.
Witness memories require prompt investigation.
Surveillance footage require quick preservation.
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.