Compensation After a Motorcycle Crash in Owasso, OK
Motorcycle accident cases face a problem most other auto cases don’t. The hostility doesn’t come from the law. It comes from juror bias against motorcyclists. Insurers exploit this bias. A Owasso motorcycle accident lawyer builds the case around defeating juror prejudice.
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
- Motorcyclists are typically going too fast
- Riders take unsafe lane positions
- Riders deserve some blame for the inherent risk
These attitudes don’t match the data. Studies of crash causation consistently show car drivers cause most car-motorcycle crashes.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
They exploit it through:
- Aggressively challenge fault in clear-liability cases
- Making minimal offers
- Pushing comparative fault arguments
- Pushing cases to trial
Overcoming Juror Bias
Effective motorcycle case litigation involves specific strategies.
Key methods include:
- Thorough voir dire
- Reframing the rider as a normal person who happened to be riding
- Educating jurors
- Presenting accident reconstruction evidence
- Showing the rider’s safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcyclists have no vehicle structure protecting them.
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 secondary impacts and sliding.
Distinctive Injury Patterns
Traumatic Brain Injury
Head trauma is a major motorcycle injury category. Even with helmets, TBI risk remains.
Road Rash
Sliding contact causes severe abrasion injuries. Can range from minor to severe enough to require skin grafting.
Internal Injuries
Internal organ damage frequent in 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 result in amputation injuries.
Permanent Disfigurement
Lasting cosmetic damage affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Cars turning left across the motorcyclist’s path.
This pattern is the leading cause.
The driver typically fails to see the motorcycle or fails to perceive the motorcycle’s approach.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists are common.
Drivers often don’t see motorcycles in their blind spots drives many of these crashes.
Rear-End Crashes
Vehicles rear-ending motorcycles cause significant injuries. At stops.
Driver Failing to Yield
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Cars crossing centerlines into oncoming motorcycle traffic produce devastating outcomes.
Distracted Drivers
Distracted driving disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Substance-impaired drivers are a significant cause.
Road Hazards
Road conditions cause crashes for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Component failures drive defect-related crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
States have different helmet laws. Some states require helmets for all motorcyclists; partial helmet laws; others have no helmet laws.
Helmet Use and Comparative Fault
Without legal requirements, Defense leverages helmet non-use.
This argument has varying legal treatment:
- Some states allow helmet non-use to reduce damages
- Other states bar this defense
- Some states restrict this defense
Helmet Use Where Legally Required
In jurisdictions with helmet mandates, helmet non-use can reduce damages.
Helmet Standards and Quality
Wearing a helmet doesn’t end the inquiry.
Helmet quality, condition, and certification may be argued.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Initial emergency treatment
- Surgical care
- Inpatient care
- ICU costs
- Physical therapy and rehabilitation
- Ongoing care
- Continuing treatment
- Adaptive equipment
- Home adaptations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle replacement, plus damage to riding gear, other property losses.
Pain and Suffering
Pain damages are significant.
Loss of Enjoyment of Life
Motorcycle injuries often eliminate riding as an activity. This itself can be significant damages.
Mental Health Treatment
PTSD is common after motorcycle crashes. Loss of the ability to ride.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
Wrongful death damages.
Punitive Damages
Exemplary damages may apply.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” regardless of actual speed. Expert testimony can rebut.
“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”
“You knew it was dangerous”. 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”
Comparative negligence.
“Pre-Existing Conditions”
Pre-existing condition defenses.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even when feeling okay, Internal injuries may develop.
Stay at the Scene Until Police Arrive
Don’t leave the scene until police arrive.
Document the Crash Scene
Comprehensive scene documentation.
Preserve the Motorcycle
The damaged motorcycle needs to be locked down. Don’t let it be repaired.
Get Witness Information
Names and contact information for everyone who saw the crash.
Photograph Your Gear
Protective equipment can be evidence.
Don’t Discuss Fault at the Scene
Avoid admitting fault or speculating about cause.
Get a Police Report
Official documentation is essential.
Don’t Speak With Insurance Adjusters Without Counsel
Carrier representatives contact victims promptly. Statements without legal advice can permanently damage the case.
Riding Gear and Damages
Riding gear matters to the case.
Showing you wore appropriate riding gear defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. Other drivers’ coverage may be inadequate.
Personal UIM coverage provides additional coverage.
Checking UIM coverage is essential to evaluating recovery potential.
Attorney Costs
Motorcycle accident attorneys earn fees only on recovery. Expert costs run high advanced by the firm.
Move Quickly
Time pressure on these cases is real.
Physical evidence requires preservation.
Witness memories deteriorate over time.
Camera evidence require quick preservation.
OK’s statute of limitations continues running.
Getting an attorney involved promptly locks down the critical evidence.