Recovering Damages From a Motorcycle Wreck in Noble, OK
Motorcyclists fight an uphill battle in personal injury law. The bias isn’t legal. It comes from systemic prejudice against riders. Insurance companies know this and use it aggressively. A Noble motorcycle accident lawyer 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 inherently dangerous
- Riders assumed the risk
- Riders are usually speeding
- Motorcyclists weave through traffic
- Motorcyclists are partly to blame for any crash
These attitudes don’t match the data. Crash data demonstrates car drivers cause most car-motorcycle crashes.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
They exploit it through:
- Aggressively challenge fault in clear-liability cases
- Offering low settlement amounts
- Arguing rider contribution
- Pushing cases to trial
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
- Presenting accident reconstruction evidence
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
In a car-motorcycle crash, the energy transfers to the rider’s body.
Ejection From the Motorcycle
Riders are typically ejected from motorcycles in crashes.
Post-ejection injuries can result from striking the road, striking other vehicles, striking objects, being run over by other vehicles, sliding on the pavement.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Even with helmets, TBI risk remains.
Road Rash
Sliding contact generates significant abrasion injuries. Severity varies widely.
Internal Injuries
Internal organ damage 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 injuries and severe trauma can require amputation.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement impacts quality of life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This pattern is the leading cause.
The driver typically fails to see the motorcycle or misjudges its speed or distance.
Lane Changes Into Motorcycles
Lane-change incidents are particularly dangerous.
Motorcycle blind-spot crashes causes many incidents.
Rear-End Crashes
Vehicles rear-ending motorcycles can be particularly dangerous. At stops.
Driver Failing to Yield
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Cross-centerline crashes can be catastrophic for motorcyclists.
Distracted Drivers
Distracted driving are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Impaired drivers cause many motorcycle crashes.
Road Hazards
Road defects create dangers for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Manufacturing defects or design flaws can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
States have different helmet laws. Some states have universal helmet laws; partial helmet laws; others have no helmet laws.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, Defense argues comparative fault for not wearing helmets.
This argument has varying legal treatment:
- 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, helmet non-use can reduce damages.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Type of helmet worn may be argued.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Trauma center costs
- Surgery costs
- Hospital stays
- Intensive care if needed
- Rehabilitation costs
- Ongoing care
- Continuing treatment
- Adaptive devices
- Accessibility renovations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle damage or total loss, gear damage, plus other property damage.
Pain and Suffering
Pain damages 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. Loss of the ability to ride.
Loss of Consortium
Spousal damages.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
In cases involving particularly egregious conduct may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Defense often pushes speed arguments even when contradicted by evidence. Reconstruction can counter.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“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”
Defense argues riders accepted the inherent risk of motorcycle riding. This defense is generally unsuccessful.
“The Rider Wasn’t Wearing a Helmet”
Helmet-related defenses.
“Comparative Fault”
Defense pushes shared-fault arguments.
“Pre-Existing Conditions”
Defense raises pre-existing conditions to challenge injury causation.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even without obvious injuries, Hidden injuries are common.
Stay at the Scene Until Police Arrive
Stay put until police arrive.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The bike is critical evidence. Preserve it for reconstruction.
Get Witness Information
Independent observer documentation.
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. Recorded statements before legal advice create problematic admissions.
Riding Gear and Damages
Motorcycle gear is relevant evidence.
Evidence of wearing protective equipment can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. Other drivers often have minimal insurance coverage.
Underinsured motorist (UIM) coverage on your own auto policy may be essential.
Checking UIM coverage is important after a motorcycle crash.
Attorney Costs
Counsel handling these cases work on contingency. Expert costs run high advanced by the firm.
Move Quickly
Motorcycle accident cases require prompt action.
The motorcycle and other physical evidence must be preserved.
Independent observations deteriorate over time.
Video recordings get overwritten on short retention cycles.
Filing deadlines continues running.
Engaging counsel right away positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.