Compensation After a Motorcycle Crash in Guthrie, OK
Motorcycle accident cases face a problem most other auto cases don’t. The bias isn’t legal. It comes from systemic prejudice against riders. Carriers leverage juror prejudice. A local attorney experienced with motorcycle crashes knows how to overcome this bias.
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
- Riders assumed the risk
- Riders are usually speeding
- Riders weave dangerously
- Motorcyclists are partly to blame for any crash
These beliefs are often wrong. Crash data demonstrates car drivers cause most car-motorcycle crashes.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
Carriers leverage bias by:
- Pushing comparative fault even with weak evidence
- Making minimal offers
- Pushing comparative fault arguments
- Pushing cases to trial
Overcoming Juror Bias
Building motorcycle cases for success requires distinct tactics.
Critical strategies 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
- Strong expert testimony
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
When a car hits a motorcycle, the rider bears the crash forces.
Ejection From the Motorcycle
Riders are typically ejected from motorcycles in crashes.
Following ejection, injuries can come from impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Even with helmets, TBI risk remains.
Road Rash
Sliding contact causes severe abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Hidden internal damage are common in motorcycle crashes.
Fractures
Multiple fractures throughout the body are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal cord injuries may result in paralysis.
Amputation Injuries
Crush trauma can result in amputation injuries.
Permanent Disfigurement
Visible permanent disfigurement affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This is the leading crash type.
Failure to see motorcycles or fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists are particularly dangerous.
Failure to see motorcycles in blind spots drives many of these crashes.
Rear-End Crashes
Rear-end crashes against motorcycles cause significant injuries. At stops.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Cross-centerline crashes produce devastating outcomes.
Distracted Drivers
Distracted driving disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers cause many motorcycle crashes.
Road Hazards
Road hazards that don’t significantly affect cars can be catastrophic for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Manufacturing defects or design flaws generate crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states require helmets; riders under specific ages; others have no helmet laws.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, defense often argues failure to wear a helmet should reduce damages.
This issue receives different legal treatment:
- Some states permit this defense
- Other states prohibit this argument
- Some states limit this argument’s scope
Helmet Use Where Legally Required
In jurisdictions with helmet mandates, helmet non-use can reduce damages.
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
- Trauma center costs
- Multiple surgeries
- Hospitalization
- Critical care
- Physical therapy and rehabilitation
- Long-term care if needed
- Long-term medical needs
- Prosthetics and adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Vehicle damages, protective equipment damage, additional property damage.
Pain and Suffering
Pain are typically major.
Loss of Enjoyment of Life
Loss of riding. This itself can be significant damages.
Mental Health Treatment
PTSD is common after motorcycle crashes. Many riders develop fear of riding.
Loss of Consortium
Relationship impacts.
Wrongful Death
Wrongful death damages.
Punitive Damages
Punitive damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Defense often pushes speed arguments even when contradicted by evidence. Expert testimony can rebut.
“The Rider Was Weaving”
“You were weaving”.
“The Rider Wasn’t Visible”
Visibility defenses. Visibility duty rests on drivers.
“The Rider Assumed the Risk”
Defense argues riders accepted the inherent risk of motorcycle riding. This defense is generally unsuccessful.
“The Rider Wasn’t Wearing a Helmet”
Where applicable.
“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
Don’t leave the scene until police arrive.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The bike needs to be locked down. 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
Leave fault determination to investigators.
Get a Police Report
Insist on official documentation.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters reach out fast. Statements without legal advice hurt the case in lasting ways.
Riding Gear and Damages
Motorcycle gear matters to the case.
Documentation that you were wearing safety equipment supports the case.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. Other drivers’ coverage may be inadequate.
Your own UIM coverage provides additional coverage.
Checking UIM coverage is essential to evaluating recovery potential.
Attorney Costs
Lawyers experienced with motorcycle crashes earn fees only on recovery. Expert costs run high reimbursed from the recovery.
Move Quickly
Time pressure on these cases is real.
The motorcycle and other physical evidence requires preservation.
Witness memories fade quickly.
Video recordings have limited retention.
Filing deadlines applies regardless.
Engaging counsel right away triggers preservation steps.