Compensation After a Motorcycle Crash in McAlester, 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. Carriers leverage juror prejudice. An attorney familiar with the juror bias problem in motorcycle cases 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.
Prevailing attitudes that affect motorcycle verdicts including:
- Riders take unnecessary risks
- Riders assumed the risk
- Riders are usually speeding
- Riders take unsafe lane positions
- Motorcyclists are partly to blame for any crash
Many of these beliefs are inaccurate. Research on crash causation shows car drivers cause most car-motorcycle crashes.
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
- Offering low settlement amounts
- Arguing rider contribution
- Forcing trial in cases that would normally settle
Overcoming Juror Bias
Successfully handling motorcycle cases requires distinct tactics.
Important approaches involve:
- Careful jury selection
- Presenting the rider as a regular person
- Teaching jurors what motorcyclists actually do
- Comprehensive crash reconstruction
- 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 energy transfers to the rider’s body.
Ejection From the Motorcycle
Ejection from the motorcycle is common.
Following ejection, injuries can come from impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Helmets help but don’t fully protect.
Road Rash
Sliding contact produces severe skin damage. Severity varies widely.
Internal Injuries
Internal injuries from blunt force trauma frequent in motorcycle crashes.
Fractures
Bone injuries frequently occur.
Spinal Cord Injuries
Spinal injuries may result in paralysis.
Amputation Injuries
Crush trauma can require amputation.
Permanent Disfigurement
Lasting cosmetic damage affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This pattern is the leading cause.
Failure to see motorcycles or misjudges its speed or 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
Cars hitting motorcycles from behind 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
Cross-centerline crashes are extremely dangerous.
Distracted Drivers
Distracted driving are particularly dangerous to 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. Various surface defects.
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 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 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
Wearing a helmet doesn’t end the inquiry.
Type of helmet worn may be argued.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Trauma center costs
- Multiple surgeries
- Inpatient care
- ICU costs
- Physical therapy and rehabilitation
- Ongoing care
- Future medical care
- Adaptive devices
- Accessibility renovations
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Vehicle damages, protective equipment damage, other property losses.
Pain and Suffering
Pain are typically major.
Loss of Enjoyment of Life
Loss of riding. This supports specific damages.
Mental Health Treatment
Psychological consequences. Riding-related anxiety.
Loss of Consortium
Spousal damages.
Wrongful Death
Wrongful death damages.
Punitive Damages
Exemplary damages may be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” regardless of actual speed. Reconstruction can counter.
“The Rider Was Weaving”
“You were weaving”.
“The Rider Wasn’t Visible”
Defense argues the rider’s visibility. Visibility duty rests on drivers.
“The Rider Assumed the Risk”
Assumption of risk defenses. 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”
“You contributed too”.
“Pre-Existing Conditions”
Pre-existing condition defenses.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even with apparently minor symptoms, Internal injuries may develop.
Stay at the Scene Until Police Arrive
Remain at the scene until police arrive.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The bike needs to be locked down. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Names and contact information for everyone who saw the crash.
Photograph Your Gear
Riding gear documentation 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
Insurance adjusters call quickly. Direct insurer communication hurt the case in lasting ways.
Riding Gear and Damages
Riding gear can affect damages analysis.
Showing you wore protective equipment defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. Other drivers’ coverage may be inadequate.
Personal UIM coverage can be critical to recovery.
Verifying available coverage matters to recovery.
Attorney Costs
Counsel handling these cases charge no upfront fees. These cases require significant investment in accident reconstruction, medical experts, and other specialists advanced by the firm.
Move Quickly
Time pressure on these cases is real.
The motorcycle and other physical evidence requires preservation.
Witness memories deteriorate over time.
Video recordings get overwritten on short retention cycles.
The legal time limit applies regardless.
Engaging counsel right away positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.