Recovering Damages From a Motorcycle Wreck in Sapulpa, OK
Motorcycle accident cases face a problem most other auto cases don’t. The challenge isn’t doctrinal. It comes from systemic prejudice against riders. Insurance companies know this and use it aggressively. A local attorney experienced with motorcycle crashes knows how to overcome this bias.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Juror prejudice against riders is well-documented.
Many jurors hold beliefs that affect verdicts including:
- Motorcyclists are reckless
- If you ride a motorcycle, you accepted the danger
- Motorcyclists are typically going too fast
- Riders take unsafe lane positions
- Riders share some fault for being on a motorcycle
Many of these beliefs are inaccurate. 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.
Carriers leverage bias by:
- Disputing fault even when the driver was clearly at fault
- Offering low settlement amounts
- Pushing comparative fault arguments
- Refusing to settle reasonable cases
Overcoming Juror Bias
Building motorcycle cases for success requires specific approaches.
Critical strategies include:
- Thorough voir dire
- Humanizing the rider
- 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.
During a crash involving a motorcycle and another vehicle, the rider bears the crash forces.
Ejection From the Motorcycle
Riders frequently come off their motorcycles.
After ejection, additional injuries include 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. Helmets help but don’t fully protect.
Road Rash
Sliding on pavement 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
Significant trauma can result in amputation injuries.
Permanent Disfigurement
Lasting cosmetic damage affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This is the most common motorcycle crash scenario.
Driver inattention to motorcycles or misjudges its speed or distance.
Lane Changes Into Motorcycles
Lane-change incidents are common.
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 produce devastating outcomes.
Distracted Drivers
Drivers using phones, GPS, or other distractions are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Impaired drivers account for many serious crashes.
Road Hazards
Road defects can be catastrophic for motorcyclists. Various surface defects.
Defective Motorcycles or Components
Motorcycle defects generate 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; free choice.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, defense often argues failure to wear a helmet should reduce damages.
This issue receives different legal treatment:
- Some states permit this defense
- Other states bar this defense
- Some states restrict this defense
Helmet Use Where Legally Required
In states with mandatory helmet laws, absence of a helmet can reduce recovery.
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
- Surgical care
- Hospital stays
- Critical care
- Rehabilitation costs
- Long-term care if needed
- Future medical care
- Adaptive equipment
- Home modifications
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle replacement, plus damage to riding gear, additional property damage.
Pain and Suffering
Physical pain and suffering are significant.
Loss of Enjoyment of Life
Loss of riding. This itself can be significant damages.
Mental Health Treatment
Psychological consequences. Many riders develop fear of riding.
Loss of Consortium
Spousal damages.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
In cases involving particularly egregious conduct may be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
Defense often pushes speed arguments even when contradicted by evidence. Expert testimony can rebut.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“The Rider Wasn’t Visible”
Defense argues the rider’s visibility. Drivers must look for motorcycles.
“The Rider Assumed the Risk”
“You knew it was dangerous”. This defense is generally unsuccessful.
“The Rider Wasn’t Wearing a Helmet”
Where applicable.
“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 without obvious injuries, Internal injuries may develop.
Stay at the Scene Until Police Arrive
Stay put even though injuries may be severe.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The motorcycle itself is critical evidence. Preserve it for reconstruction.
Get Witness Information
Names and contact information for everyone who saw the crash.
Photograph Your Gear
Helmet, jacket, gloves, boots, and other riding gear 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. Recorded statements before legal advice create problematic admissions.
Riding Gear and Damages
Motorcycle gear can affect damages analysis.
Showing you wore 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 provides additional coverage.
Checking UIM coverage matters to recovery.
Attorney Costs
Lawyers experienced with motorcycle crashes earn fees only on recovery. Expert costs run high paid by counsel.
Move Quickly
Time pressure on these cases is real.
The motorcycle and other physical evidence requires preservation.
Independent observations deteriorate over time.
Video recordings have limited retention.
OK’s statute of limitations sets a hard cutoff.
Connecting with a Sapulpa motorcycle accident attorney quickly positions the case for the recovery that overcomes juror bias and pursues the full damages motorcycle injuries actually deserve.