Recovering Damages From a Motorcycle Wreck in Pryor Creek, OK
Motorcycle cases operate in a uniquely hostile legal environment. The bias isn’t legal. It comes from juror bias against motorcyclists. Carriers leverage juror prejudice. 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
Juror prejudice against riders is well-documented.
Prevailing attitudes that affect motorcycle verdicts including:
- Motorcyclists are reckless
- If you ride a motorcycle, you accepted the danger
- Motorcyclists are typically going too fast
- Riders weave dangerously
- Riders deserve some blame for the inherent risk
These beliefs are often wrong. Studies of crash causation consistently show the at-fault party is usually the car driver.
But juror bias persists despite the data.
Insurance Companies Exploit This Bias
Insurance carriers know about juror bias.
They exploit it through:
- Disputing fault even when the driver was clearly at fault
- Lowballing settlement offers
- Pushing comparative fault arguments
- Refusing to settle reasonable cases
Overcoming Juror Bias
Successfully handling motorcycle cases involves specific strategies.
Key methods include:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Presenting the rider as a regular person
- Educating jurors
- Strong expert testimony
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcyclists have no vehicle structure protecting them.
During a crash involving a motorcycle and another vehicle, the energy transfers to the rider’s body.
Ejection From the Motorcycle
Riders frequently come off their motorcycles.
After ejection, additional injuries include impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding on pavement causes severe abrasion injuries. Severity varies widely.
Internal Injuries
Internal injuries from blunt force trauma happen in many motorcycle crashes.
Fractures
Fractures are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal cord injuries may result in paralysis.
Amputation Injuries
Crush trauma can require amputation.
Permanent Disfigurement
Visible permanent disfigurement impacts quality of life.
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 misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles account for many crashes.
Failure to see motorcycles in blind spots drives many of these crashes.
Rear-End Crashes
Rear-end crashes against motorcycles cause significant injuries. Stopped motorcycles can be hit by vehicles not anticipating the stop.
Driver Failing to Yield
Yield failures involving motorcycles.
Vehicles Crossing Centerlines
Head-on crashes can be catastrophic for motorcyclists.
Distracted Drivers
Inattentive drivers are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Drunk drivers cause many motorcycle crashes.
Road Hazards
Road defects cause crashes 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 require helmets; others require them only for certain riders; no helmet requirements.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, Defense argues comparative fault for not wearing helmets.
This issue receives different legal treatment:
- Some jurisdictions allow this argument to reduce damages
- Other states prohibit this argument
- Some jurisdictions limit how this argument can be used
Helmet Use Where Legally Required
Where helmets are legally required, failure to wear a helmet can support comparative fault.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Helmet certifications, type, quality may be argued.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Initial emergency treatment
- Surgical care
- Hospitalization
- Intensive care if needed
- Rehabilitation costs
- Continuing care
- Continuing treatment
- Adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Vehicle damages, plus damage to riding gear, plus other property damage.
Pain and Suffering
Pain damages are typically major.
Loss of Enjoyment of Life
Loss of riding as a lifestyle activity. This is recoverable.
Mental Health Treatment
Mental health damages. Loss of the ability to ride.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
Punitive damages may be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
Defense often pushes speed arguments regardless of actual speed. Comprehensive accident reconstruction can defeat unsupported speed claims.
“The Rider Was Weaving”
“You were weaving”.
“The Rider Wasn’t Visible”
Visibility defenses. This argument often fails because drivers have a duty to look for motorcyclists.
“The Rider Assumed the Risk”
Assumption of risk defenses. 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”
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
Stay put until law enforcement responds.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The damaged motorcycle requires preservation. Don’t let it be repaired.
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
Make sure law enforcement files the report.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters reach out fast. Direct insurer communication can permanently damage the case.
Riding Gear and Damages
Motorcycle gear can affect damages analysis.
Evidence of wearing safety equipment defeats certain defenses.
The Underinsured Motorist Problem
Motorcycle damages are typically significant. At-fault drivers often have inadequate coverage.
Underinsured motorist (UIM) coverage on your own auto policy provides additional coverage.
Checking UIM coverage matters to recovery.
Attorney Costs
Lawyers experienced with motorcycle crashes charge no upfront fees. These cases require significant investment in accident reconstruction, medical experts, and other specialists reimbursed from the recovery.
Move Quickly
These cases need quick attention.
Physical evidence needs immediate protection.
Independent observations deteriorate over time.
Video recordings get overwritten on short retention cycles.
Filing deadlines sets a hard cutoff.
Connecting with a Pryor Creek motorcycle accident attorney quickly locks down the critical evidence.