Compensation After a Motorcycle Crash in Lone Grove, OK
Motorcycle accident cases face a problem most other auto cases don’t. The hostility doesn’t come from the law. It comes from juror bias against motorcyclists. Insurance companies know this and use it aggressively. An attorney familiar with the juror bias problem in motorcycle cases 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:
- Motorcyclists are reckless
- If you ride a motorcycle, you accepted the danger
- Motorcyclists are typically going too fast
- Motorcyclists weave through traffic
- Riders share some fault for being on a motorcycle
These attitudes don’t match the data. 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.
Insurers use the bias to:
- Disputing fault even when the driver was clearly at fault
- Lowballing settlement offers
- Arguing rider contribution
- Refusing to settle reasonable cases
Overcoming Juror Bias
Building motorcycle cases for success requires specific approaches.
Critical strategies include:
- Thorough voir dire
- Humanizing the rider
- Teaching jurors what motorcyclists actually do
- Presenting accident reconstruction evidence
- 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.
When a car hits a motorcycle, the rider bears the crash forces.
Ejection From the Motorcycle
Riders are typically ejected from motorcycles in crashes.
Post-ejection injuries can result from impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding contact produces severe skin damage. Severity varies widely.
Internal Injuries
Internal injuries from blunt force trauma frequent in motorcycle crashes.
Fractures
Multiple fractures throughout the body are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spine damage can cause paralysis.
Amputation Injuries
Crush trauma may necessitate amputation.
Permanent Disfigurement
Lasting cosmetic damage affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turning vehicles.
This is the leading crash type.
The driver typically fails to see the motorcycle or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are common.
Failure to see motorcycles in blind spots causes many incidents.
Rear-End Crashes
Rear-end crashes against motorcycles cause significant injuries. At signals or stop signs.
Driver Failing to Yield
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Head-on crashes are extremely dangerous.
Distracted Drivers
Inattentive drivers fail to see motorcyclists.
Drunk and Impaired Drivers
Drunk drivers are a significant cause.
Road Hazards
Road defects cause crashes for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Component failures drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states have universal helmet laws; partial helmet laws; no helmet requirements.
Helmet Use and Comparative Fault
In free-choice states, Defense leverages helmet non-use.
Different jurisdictions handle this differently:
- Some states allow helmet non-use to reduce damages
- Other jurisdictions don’t allow this defense
- Some jurisdictions limit how this argument can be used
Helmet Use Where Legally Required
Where helmets are legally required, absence of a helmet can reduce recovery.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Type of helmet worn can affect damages analysis.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Initial emergency treatment
- Multiple surgeries
- Hospitalization
- Intensive care if needed
- Physical therapy and rehabilitation
- Continuing care
- Future medical care
- Adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Motorcycle replacement, protective equipment damage, plus other property damage.
Pain and Suffering
Pain can be substantial.
Loss of Enjoyment of Life
Loss of riding. This is recoverable.
Mental Health Treatment
Mental health damages. Loss of the ability to ride.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
Exemplary damages may be available.
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”
Weaving defenses.
“The Rider Wasn’t Visible”
Visibility defenses. Drivers must look for motorcycles.
“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”
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
Stay put until law enforcement responds.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The damaged motorcycle needs to be locked down. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Witness identification.
Photograph Your Gear
Helmet, jacket, gloves, boots, and other riding gear may matter to the case.
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
Carrier representatives contact victims promptly. Statements without legal advice create problematic admissions.
Riding Gear and Damages
Motorcycle gear matters to the case.
Evidence of wearing appropriate riding gear supports the case.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. Other drivers’ coverage may be inadequate.
Underinsured motorist (UIM) coverage on your own auto policy provides additional coverage.
Checking UIM coverage is important after a motorcycle crash.
Attorney Costs
Motorcycle accident attorneys work on contingency. Specialty expertise costs paid by counsel.
Move Quickly
Motorcycle accident cases require prompt action.
Physical evidence needs immediate protection.
Witness memories fade quickly.
Surveillance footage have limited retention.
Filing deadlines continues running.
Connecting with a Lone Grove motorcycle accident attorney quickly triggers preservation steps.