Compensation After a Motorcycle Crash in Midway Village, OK
Motorcycle accident cases face a problem most other auto cases don’t. The hostility doesn’t come from the law. It comes from systemic prejudice against riders. 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
Studies consistently show juror bias against motorcyclists.
Many jurors hold beliefs that affect verdicts including:
- Motorcyclists are inherently dangerous
- Riders assumed the risk
- Riders are usually speeding
- Riders take unsafe lane positions
- Riders deserve some blame for the inherent risk
These beliefs are often wrong. 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:
- Aggressively challenge fault in clear-liability cases
- Making minimal offers
- Pushing shared-fault theories
- Pushing cases to trial
Overcoming Juror Bias
Effective motorcycle case litigation requires specific approaches.
Important approaches involve:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Humanizing the rider
- Educating jurors about the realities of motorcycle riding
- Comprehensive crash reconstruction
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
In a car-motorcycle crash, the motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Ejection from the motorcycle is common.
Post-ejection injuries can result from secondary impacts and sliding.
Distinctive Injury Patterns
Traumatic Brain Injury
Brain injuries are frequent. Helmets help but don’t fully protect.
Road Rash
Sliding on pavement causes severe abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Hidden internal damage happen in many motorcycle crashes.
Fractures
Multiple fractures throughout the body are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spine damage can produce catastrophic spinal damage.
Amputation Injuries
Crush injuries and severe trauma can require amputation.
Permanent Disfigurement
Visible permanent disfigurement impacts quality of life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turning vehicles.
This is the leading crash type.
Failure to see motorcycles or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles are particularly dangerous.
Drivers often don’t see motorcycles in their blind spots accounts for many lane-change crashes.
Rear-End Crashes
Rear-end crashes against motorcycles create catastrophic outcomes. At signals or stop signs.
Driver Failing to Yield
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Cross-centerline crashes are extremely dangerous.
Distracted Drivers
Distracted driving fail to see motorcyclists.
Drunk and Impaired Drivers
Impaired drivers account for many serious crashes.
Road Hazards
Road hazards that don’t significantly affect cars create dangers for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Motorcycle defects generate crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
States have different helmet laws. Some states have universal helmet laws; others require them only for certain riders; no helmet requirements.
Helmet Use and Comparative Fault
Without legal requirements, defense often argues failure to wear a helmet should reduce damages.
Different jurisdictions handle this differently:
- Some jurisdictions allow this argument to reduce damages
- Other states bar 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
Wearing a helmet doesn’t end the inquiry.
Helmet quality, condition, and certification can affect damages analysis.
Damages in Motorcycle Cases
Compensation in these cases include:
Medical Costs
- Emergency and trauma center care
- Multiple surgeries
- Hospitalization
- ICU costs
- Rehabilitation costs
- Long-term care if needed
- Future medical care
- Prosthetics and adaptive equipment
- Home modifications
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Motorcycle replacement, gear damage, additional property damage.
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. Many riders develop fear of riding.
Loss of Consortium
Relationship impacts.
Wrongful Death
Wrongful death damages.
Punitive Damages
In cases involving particularly egregious conduct may be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses despite evidence. Reconstruction can counter.
“The Rider Was Weaving”
Weaving defenses.
“The Rider Wasn’t Visible”
“I couldn’t see you”. This argument often fails because drivers have a duty to look for motorcyclists.
“The Rider Assumed the Risk”
“You knew it was dangerous”. 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 without obvious injuries, Internal injuries may develop.
Stay at the Scene Until Police Arrive
Remain at the scene even though injuries may be severe.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The damaged motorcycle is critical evidence. Don’t let it be repaired.
Get Witness Information
Witness identification.
Photograph Your Gear
Helmet, jacket, gloves, boots, and other riding gear can be evidence.
Don’t Discuss Fault at the Scene
Leave fault determination to investigators.
Get a Police Report
Official documentation is essential.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters call quickly. Statements without legal advice create problematic admissions.
Riding Gear and Damages
Motorcycle gear matters to the case.
Documentation that you were wearing protective equipment supports the case.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. At-fault drivers often have inadequate coverage.
Your own UIM coverage provides additional coverage.
Reviewing your own auto policy coverage is essential to evaluating recovery potential.
Attorney Costs
Motorcycle accident attorneys earn fees only on recovery. 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.
Physical evidence requires preservation.
Witness recollections deteriorate over time.
Video recordings require quick preservation.
Filing deadlines sets a hard cutoff.
Engaging counsel right away locks down the critical evidence.