Recovering Damages From a Motorcycle Wreck in Guymon, OK
Motorcycle cases operate in a uniquely hostile legal environment. The challenge isn’t doctrinal. It comes from systemic prejudice against riders. Insurers exploit this bias. A local attorney experienced with motorcycle crashes brings the right approach to a uniquely challenging area of injury law.
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
- Motorcyclists chose to ride and accepted the risk
- Riders are usually speeding
- Motorcyclists weave through traffic
- Motorcyclists are partly to blame for any crash
These beliefs are often wrong. Research on crash causation shows motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
Carriers leverage bias by:
- Aggressively challenge fault in clear-liability cases
- Lowballing settlement offers
- Arguing rider contribution
- Refusing to settle reasonable cases
Overcoming Juror Bias
Building motorcycle cases for success requires distinct tactics.
Key methods include:
- Careful jury selection
- Reframing the rider as a normal person who happened to be riding
- Educating jurors
- Strong expert testimony
- Showing the rider’s training, experience, and safety practices
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 are typically ejected from motorcycles in crashes.
After ejection, additional injuries include secondary impacts and sliding.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding contact generates significant abrasion injuries. Severity varies widely.
Internal Injuries
Internal injuries from blunt force trauma happen in many motorcycle crashes.
Fractures
Multiple fractures throughout the body are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal injuries can cause paralysis.
Amputation Injuries
Crush injuries and severe trauma can require amputation.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This is the leading crash type.
The driver typically fails to see the motorcycle or misjudges its speed or distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are particularly dangerous.
Motorcycle blind-spot crashes accounts for many lane-change crashes.
Rear-End Crashes
Vehicles rear-ending motorcycles cause significant injuries. At signals or stop signs.
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
Distracted driving disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Impaired drivers account for many serious crashes.
Road Hazards
Road defects create dangers for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Component failures can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states require helmets; others require them only for certain riders; others have no helmet laws.
Helmet Use and Comparative Fault
In free-choice states, defense often argues failure to wear a helmet should reduce damages.
This issue receives different legal treatment:
- Some states permit this defense
- Other jurisdictions don’t allow this defense
- Some states restrict this defense
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.
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
- Surgery costs
- Hospital stays
- ICU costs
- Rehabilitation
- Long-term care if needed
- Long-term medical needs
- Adaptive equipment
- Home modifications
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, other property losses.
Pain and Suffering
Pain are typically major.
Loss of Enjoyment of Life
Loss of riding as a lifestyle activity. This supports specific damages.
Mental Health Treatment
PTSD is common after motorcycle crashes. Loss of the ability to ride.
Loss of Consortium
Effects on intimate relationships.
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”
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”
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”
“You contributed too”.
“Pre-Existing Conditions”
Prior medical history.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even when feeling okay, motorcycle crash victims often have injuries that aren’t immediately apparent.
Stay at the Scene Until Police Arrive
Don’t leave the scene until law enforcement responds.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The damaged motorcycle needs to be locked down. Don’t let it be repaired.
Get Witness Information
Witness identification.
Photograph Your Gear
Riding gear documentation provides evidence.
Don’t Discuss Fault at the Scene
Avoid admitting fault or speculating about cause.
Get a Police Report
Make sure law enforcement files the report.
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 is relevant evidence.
Evidence of wearing protective equipment supports the case.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. Other drivers often have minimal insurance coverage.
Your own UIM coverage can be critical to recovery.
Reviewing your own auto policy coverage matters to recovery.
Attorney Costs
Motorcycle accident attorneys charge no upfront fees. These cases require significant investment in accident reconstruction, medical experts, and other specialists reimbursed from the recovery.
Move Quickly
Motorcycle accident cases require prompt action.
Physical evidence must be preserved.
Witness memories fade quickly.
Surveillance footage get overwritten on short retention cycles.
Filing deadlines sets a hard cutoff.
Getting an attorney involved promptly positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.