Motorcycle Accident Claims in Tuttle, OK
Motorcycle accident cases face a problem most other auto cases don’t. The bias isn’t legal. It comes from juror bias against motorcyclists. Insurance companies know this and use it aggressively. 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
Studies consistently show juror bias against motorcyclists.
Many jurors hold beliefs that affect verdicts including:
- Riders take unnecessary risks
- Motorcyclists chose to ride and accepted the risk
- Riders are usually speeding
- Riders weave dangerously
- Motorcyclists are partly to blame for any crash
These attitudes don’t match the data. Studies of crash causation consistently show the at-fault party is usually the car driver.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Insurance carriers know about juror bias.
Insurers use the bias to:
- Aggressively challenge fault in clear-liability cases
- Lowballing settlement offers
- Pushing comparative fault arguments
- Forcing trial in cases that would normally settle
Overcoming Juror Bias
Successfully handling motorcycle cases involves specific strategies.
Key methods include:
- Thorough voir dire
- Humanizing the rider
- Educating jurors
- Presenting accident reconstruction evidence
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Motorcycles offer no protective enclosure.
When a car hits a motorcycle, the energy transfers to the rider’s body.
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
Head trauma is a major motorcycle injury category. Even with helmets, TBI risk remains.
Road Rash
Road rash causes severe abrasion injuries. Can range from minor to severe enough to require skin grafting.
Internal Injuries
Internal injuries from blunt force trauma are common in motorcycle crashes.
Fractures
Fractures frequently occur.
Spinal Cord Injuries
Spine damage can cause paralysis.
Amputation Injuries
Significant trauma can result in amputation injuries.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement creates lifelong consequences.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This is the leading crash type.
Driver inattention to motorcycles or misestimates speed/distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles account for many crashes.
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
Yield failures involving 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
Drunk drivers account for many serious crashes.
Road Hazards
Road defects cause crashes for motorcyclists. Specific road hazards.
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; partial helmet laws; others have no helmet laws.
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 argument has varying legal treatment:
- Some states permit this defense
- Other jurisdictions don’t allow this defense
- Some states limit this argument’s scope
Helmet Use Where Legally Required
In states with mandatory helmet laws, failure to wear a helmet can support comparative fault.
Helmet Standards and Quality
Defense may still attack helmet quality.
Helmet certifications, type, quality may matter to the case.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Trauma center costs
- Multiple surgeries
- Hospital stays
- Critical care
- Rehabilitation
- Long-term care if needed
- Continuing treatment
- Prosthetics and adaptive equipment
- Accessibility renovations
Lost Wages and Earning Capacity
Substantial wage 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
Motorcycle injuries often eliminate riding as an activity. This supports specific damages.
Mental Health Treatment
Mental health damages. Many riders develop fear of riding.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
Exemplary damages may be available.
Common Insurance Defenses
“The Rider Was Speeding”
“You were going too fast” despite evidence. Reconstruction can counter.
“The Rider Was Weaving”
Defense argues unsafe riding behavior.
“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”
Defense argues riders accepted the inherent risk of motorcycle riding. 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”
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 until law enforcement responds.
Document the Crash Scene
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The damaged motorcycle is critical evidence. 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
Insurance adjusters call quickly. Statements without legal advice can permanently damage the case.
Riding Gear and Damages
Motorcycle gear can affect damages analysis.
Evidence of wearing protective equipment can counter defense arguments.
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 can be critical to recovery.
Verifying available coverage is important after a motorcycle crash.
Attorney Costs
Motorcycle accident attorneys work on contingency. Specialty expertise costs paid by counsel.
Move Quickly
Motorcycle accident cases require prompt action.
The motorcycle and other physical evidence requires preservation.
Witness recollections require prompt investigation.
Camera evidence get overwritten on short retention cycles.
OK’s statute of limitations applies regardless.
Connecting with a Tuttle motorcycle accident attorney quickly triggers preservation steps.