Compensation After a Motorcycle Crash in Norman, OK
Motorcycle cases operate in a uniquely hostile legal environment. The challenge isn’t doctrinal. It comes from systemic prejudice against riders. Carriers leverage juror prejudice. A Norman motorcycle accident lawyer builds the case around defeating juror prejudice.
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:
- Riders take unnecessary risks
- Motorcyclists chose to ride and accepted the risk
- Motorcyclists are typically going too fast
- Riders weave dangerously
- 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.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Insurance carriers know about juror bias.
Carriers leverage bias by:
- Aggressively challenge fault in clear-liability cases
- Offering low settlement amounts
- Pushing shared-fault theories
- Refusing to settle reasonable cases
Overcoming Juror Bias
Effective motorcycle case litigation requires specific approaches.
Critical strategies include:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Presenting the rider as a regular person
- Educating jurors about the realities of motorcycle riding
- Comprehensive crash reconstruction
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcyclists have no vehicle structure protecting them.
When a car hits a motorcycle, the rider bears the crash forces.
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. Severity varies widely.
Internal Injuries
Internal organ damage happen in many motorcycle crashes.
Fractures
Fractures frequently occur.
Spinal Cord Injuries
Spinal injuries can produce catastrophic spinal damage.
Amputation Injuries
Crush injuries and severe trauma can result in amputation injuries.
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 leading crash type.
The driver typically fails to see the motorcycle or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change incidents are particularly dangerous.
Motorcycle blind-spot crashes drives many of these crashes.
Rear-End Crashes
Rear-end crashes against motorcycles create catastrophic outcomes. 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 can be catastrophic for motorcyclists.
Distracted Drivers
Inattentive drivers are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers account for many serious crashes.
Road Hazards
Road conditions can be catastrophic for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Component failures can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states have universal helmet laws; riders under specific ages; free choice.
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 states bar this defense
- Some states restrict this defense
Helmet Use Where Legally Required
Where helmets are legally required, failure to wear a helmet can support comparative fault.
Helmet Standards and Quality
Wearing a helmet doesn’t end the inquiry.
Helmet certifications, type, quality may matter to the case.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Initial emergency treatment
- Surgical care
- Inpatient care
- Intensive care if needed
- Rehabilitation
- Long-term care if needed
- Continuing treatment
- Adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Substantial wage loss.
Property Damage
Vehicle damages, protective equipment damage, plus other 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 itself can be significant damages.
Mental Health Treatment
Mental health damages. Loss of the ability to ride.
Loss of Consortium
Relationship impacts.
Wrongful Death
Wrongful death damages.
Punitive Damages
Punitive damages may be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” despite evidence. Reconstruction can counter.
“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. This defense is generally unsuccessful.
“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 when feeling okay, motorcycle crash victims often have injuries that aren’t immediately apparent.
Stay at the Scene Until Police Arrive
Remain at the scene until law enforcement responds.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The motorcycle itself is critical evidence. Don’t let it be repaired.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Protective equipment provides evidence.
Don’t Discuss Fault at the Scene
Avoid admitting fault or speculating about cause.
Get a Police Report
Insist on official documentation.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters call quickly. Direct insurer communication create problematic admissions.
Riding Gear and Damages
Riding gear can affect damages analysis.
Documentation that you were wearing protective equipment can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. Other drivers often have minimal insurance coverage.
Your own UIM coverage can be critical to recovery.
Checking UIM coverage matters to recovery.
Attorney Costs
Lawyers experienced with motorcycle crashes charge no upfront fees. Specialty expertise costs paid by counsel.
Move Quickly
Time pressure on these cases is real.
The motorcycle and other physical evidence requires preservation.
Independent observations require prompt investigation.
Surveillance footage get overwritten on short retention cycles.
The legal time limit continues running.
Getting an attorney involved promptly positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.