Compensation After a Motorcycle Crash in Mustang, OK
Motorcycle accident cases face a problem most other auto cases don’t. The hostility doesn’t come from the law. It comes from cultural attitudes about motorcyclists. Insurance companies know this and use it aggressively. 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
Studies consistently show juror bias against motorcyclists.
Common juror beliefs that hurt motorcycle cases including:
- Motorcyclists are inherently dangerous
- Riders assumed the risk
- Riders are usually speeding
- Motorcyclists weave through traffic
- Riders deserve some blame for the inherent risk
These beliefs are often wrong. Research on crash causation shows motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Insurance carriers know about juror bias.
They exploit it through:
- Aggressively challenge fault in clear-liability cases
- Lowballing settlement offers
- Arguing rider contribution
- Pushing cases to trial
Overcoming Juror Bias
Effective motorcycle case litigation requires specific approaches.
Critical strategies include:
- Thorough voir dire
- Reframing the rider as a normal person who happened to be riding
- Teaching jurors what motorcyclists actually do
- Presenting accident reconstruction evidence
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Riders are exposed in ways car drivers aren’t.
In a car-motorcycle crash, the rider bears the crash forces.
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. Helmets help but don’t fully protect.
Road Rash
Sliding on pavement 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
Spinal injuries can cause paralysis.
Amputation Injuries
Crush trauma can require amputation.
Permanent Disfigurement
Visible permanent disfigurement creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This is the most common motorcycle crash scenario.
Failure to see motorcycles or fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Lane-change incidents account for many crashes.
Drivers often don’t see motorcycles in their blind spots drives many of these crashes.
Rear-End Crashes
Cars hitting motorcycles from behind cause significant injuries. At signals or stop signs.
Driver Failing to Yield
Drivers failing to yield to motorcyclists.
Vehicles Crossing Centerlines
Cross-centerline crashes can be catastrophic for motorcyclists.
Distracted Drivers
Distracted driving fail to see motorcyclists.
Drunk and Impaired Drivers
Impaired drivers are a significant cause.
Road Hazards
Road hazards that don’t significantly affect cars create dangers 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 have universal helmet laws; partial helmet laws; free choice.
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 jurisdictions don’t allow this defense
- Some states limit this argument’s scope
Helmet Use Where Legally Required
In states with mandatory helmet laws, 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
- Trauma center costs
- Surgery costs
- Hospitalization
- ICU costs
- Physical therapy and rehabilitation
- Long-term care if needed
- Continuing treatment
- Prosthetics and adaptive equipment
- Home adaptations
Lost Wages and Earning Capacity
Motorcycle injuries often produce significant lost wages and diminished earning capacity.
Property Damage
Motorcycle damage or total loss, gear damage, additional property damage.
Pain and Suffering
Physical pain and suffering are significant.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This supports specific damages.
Mental Health Treatment
Mental health damages. Many riders develop fear of riding.
Loss of Consortium
Spousal damages.
Wrongful Death
Fatal case damages.
Punitive Damages
In cases involving particularly egregious conduct may be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses despite evidence. Expert testimony can rebut.
“The Rider Was Weaving”
Weaving defenses.
“The Rider Wasn’t Visible”
Visibility defenses. 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”
Helmet use challenges.
“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 law enforcement responds.
Document the Crash Scene
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The damaged motorcycle needs to be locked down. Preserve it for reconstruction.
Get Witness Information
Witness identification.
Photograph Your Gear
Protective equipment can be evidence.
Don’t Discuss Fault at the Scene
Leave fault determination to investigators.
Get a Police Report
Make sure law enforcement files the report.
Don’t Speak With Insurance Adjusters Without Counsel
Carrier representatives contact victims promptly. Recorded statements before legal advice can permanently damage the case.
Riding Gear and Damages
Motorcycle gear can affect damages analysis.
Evidence of wearing protective equipment defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. At-fault drivers often have inadequate coverage.
Personal UIM coverage can be critical to recovery.
Verifying available coverage matters to recovery.
Attorney Costs
Lawyers experienced with motorcycle crashes charge no upfront fees. Expert costs run high paid by counsel.
Move Quickly
Time pressure on these cases is real.
The motorcycle and other physical evidence must be preserved.
Witness recollections deteriorate over time.
Camera evidence require quick preservation.
OK’s statute of limitations continues running.
Engaging counsel right away triggers preservation steps.