Recovering Damages From a Motorcycle Wreck in Sand Springs, OK
Motorcyclists fight an uphill battle in personal injury law. The hostility doesn’t come from the law. It comes from juror bias against motorcyclists. Carriers leverage juror prejudice. A local attorney experienced with motorcycle crashes builds the case around defeating juror prejudice.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Research consistently shows anti-motorcyclist bias.
Many jurors hold beliefs that affect verdicts including:
- Motorcyclists are reckless
- Riders assumed the risk
- Riders are usually speeding
- Motorcyclists weave through traffic
- Motorcyclists are partly to blame for any crash
Many of these beliefs are inaccurate. Research on crash causation shows 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.
They exploit it through:
- Disputing fault even when the driver was clearly at fault
- Offering low settlement amounts
- Pushing shared-fault theories
- Pushing cases to trial
Overcoming Juror Bias
Building motorcycle cases for success requires distinct tactics.
Important approaches involve:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Reframing the rider as a normal person who happened to be riding
- Teaching jurors what motorcyclists actually do
- Comprehensive crash reconstruction
- Showing the rider’s training, experience, and safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcyclists have no vehicle structure protecting them.
In a car-motorcycle crash, the motorcyclist absorbs the energy of the crash.
Ejection From the Motorcycle
Riders are typically ejected from motorcycles in crashes.
After ejection, additional injuries include impacts after leaving the motorcycle.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Even with helmets, TBI risk remains.
Road Rash
Sliding contact produces severe skin damage. Severe cases require skin grafting.
Internal Injuries
Hidden internal damage are common in motorcycle crashes.
Fractures
Fractures are common.
Spinal Cord Injuries
Spinal cord injuries can cause paralysis.
Amputation Injuries
Crush trauma can require amputation.
Permanent Disfigurement
Combined injuries often produce 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.
The driver typically fails to see the motorcycle or misjudges its speed or distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles account for many crashes.
Motorcycle blind-spot crashes causes many incidents.
Rear-End Crashes
Rear-end crashes against motorcycles can be particularly dangerous. Stopped motorcycles can be hit by vehicles not anticipating the stop.
Driver Failing to Yield
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Cars crossing centerlines into oncoming motorcycle traffic are extremely dangerous.
Distracted Drivers
Inattentive drivers disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Drunk drivers are a significant cause.
Road Hazards
Road hazards that don’t significantly affect cars cause crashes for motorcyclists. Gravel, oil, water, potholes, uneven pavement.
Defective Motorcycles or Components
Motorcycle defects generate crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Different states have different requirements. Some states have universal helmet laws; partial helmet laws; others have no helmet laws.
Helmet Use and Comparative Fault
In free-choice states, Defense argues comparative fault for not wearing helmets.
This issue receives different legal treatment:
- Some states allow helmet non-use to reduce damages
- Other states prohibit this argument
- 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.
Type of helmet worn may matter to the case.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Initial emergency treatment
- Multiple surgeries
- Inpatient care
- Intensive care if needed
- Rehabilitation
- Ongoing care
- Future medical care
- Adaptive devices
- Accessibility renovations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle replacement, 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. This supports specific damages.
Mental Health Treatment
Psychological consequences. Loss of the ability to ride.
Loss of Consortium
Spousal damages.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
Punitive damages may be available.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” despite evidence. Expert testimony can rebut.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“The Rider Wasn’t Visible”
Visibility defenses. Drivers must look for motorcycles.
“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”
Defense raises pre-existing conditions to challenge injury causation.
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
Stay put even though injuries may be severe.
Document the Crash Scene
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The bike needs to be locked down. 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
Don’t speculate at the scene.
Get a Police Report
Insist on official documentation.
Don’t Speak With Insurance Adjusters Without Counsel
Carrier representatives contact victims promptly. Recorded statements before legal advice create problematic admissions.
Riding Gear and Damages
Motorcycle gear matters to the case.
Showing you wore protective equipment can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. At-fault drivers often have inadequate coverage.
Your own UIM coverage provides additional coverage.
Checking UIM coverage matters to recovery.
Attorney Costs
Lawyers experienced with motorcycle crashes work on contingency. Expert costs run high paid by counsel.
Move Quickly
These cases need quick attention.
The motorcycle and other physical evidence needs immediate protection.
Witness recollections fade quickly.
Video recordings have limited retention.
OK’s statute of limitations applies regardless.
Connecting with a Sand Springs motorcycle accident attorney quickly triggers preservation steps.