Compensation After a Motorcycle Crash in Woodward, OK
Motorcycle cases operate in a uniquely hostile legal environment. The bias isn’t legal. It comes from cultural attitudes about motorcyclists. Insurers exploit this bias. A local attorney experienced with motorcycle crashes brings the right approach to a uniquely challenging area of injury law.
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
- Motorcyclists chose to ride and accepted the risk
- Motorcyclists are typically going too fast
- Riders weave dangerously
- Riders share some fault for being on a motorcycle
Many of these beliefs are inaccurate. Research on crash causation shows the at-fault party is usually the car driver.
The bias remains despite contradicting evidence.
Insurance Companies Exploit This Bias
Insurers are aware of anti-motorcyclist bias.
They exploit it through:
- Aggressively challenge fault in clear-liability cases
- Offering low settlement amounts
- Arguing rider contribution
- Pushing cases to trial
Overcoming Juror Bias
Building motorcycle cases for success involves specific strategies.
Key methods include:
- Comprehensive jury selection (voir dire) to identify and eliminate biased jurors
- Humanizing the rider
- Educating jurors
- Comprehensive crash reconstruction
- Demonstrating the rider’s care
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Riders are exposed in ways car drivers aren’t.
In a car-motorcycle crash, the rider bears the crash forces.
Ejection From the Motorcycle
Ejection from the motorcycle is common.
Following ejection, injuries can come from 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. Even with helmets, TBI risk remains.
Road Rash
Road rash causes severe abrasion injuries. Severe cases require skin grafting.
Internal Injuries
Hidden internal damage frequent in motorcycle crashes.
Fractures
Bone injuries are characteristic of motorcycle crashes.
Spinal Cord Injuries
Spinal cord injuries can cause paralysis.
Amputation Injuries
Significant trauma can require amputation.
Permanent Disfigurement
Visible permanent disfigurement impacts quality of life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turn crashes against motorcycles.
This pattern is the leading cause.
Failure to see motorcycles or misjudges its speed or distance.
Lane Changes Into Motorcycles
Vehicles changing lanes into motorcyclists account for many crashes.
Drivers often don’t see motorcycles in their blind spots causes many incidents.
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
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Cross-centerline crashes produce devastating outcomes.
Distracted Drivers
Inattentive drivers disproportionately injure motorcyclists.
Drunk and Impaired Drivers
Drunk drivers cause many motorcycle crashes.
Road Hazards
Road hazards that don’t significantly affect cars create dangers for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Component failures can cause 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; no helmet requirements.
Helmet Use and Comparative Fault
Without legal requirements, defense often argues failure to wear a helmet should reduce damages.
This argument has varying legal treatment:
- Some jurisdictions allow this argument to reduce damages
- Other states bar this defense
- Some states limit this argument’s scope
Helmet Use Where Legally Required
In jurisdictions with helmet mandates, failure to wear a helmet can support comparative fault.
Helmet Standards and Quality
Wearing a helmet doesn’t end the inquiry.
Helmet quality, condition, and certification may matter to the case.
Damages in Motorcycle Cases
Motorcycle accident damages can be substantial include:
Medical Costs
- Trauma center costs
- Multiple surgeries
- Hospitalization
- ICU costs
- Physical therapy and rehabilitation
- Long-term care if needed
- Future medical care
- Adaptive devices
- Accessibility renovations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Motorcycle damage or total loss, gear damage, additional property damage.
Pain and Suffering
Pain are typically major.
Loss of Enjoyment of Life
Loss of riding. This supports specific damages.
Mental Health Treatment
PTSD is common after motorcycle crashes. Loss of the ability to ride.
Loss of Consortium
Relationship impacts.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
In cases involving particularly egregious conduct may apply.
Common Insurance Defenses
“The Rider Was Speeding”
Defense often pushes speed arguments regardless of actual speed. Reconstruction can counter.
“The Rider Was Weaving”
Weaving defenses.
“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”
Defense pushes shared-fault arguments.
“Pre-Existing Conditions”
Prior medical history.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even when feeling okay, motorcycle crash victims often have injuries that aren’t immediately apparent.
Stay at the Scene Until Police Arrive
Remain at the scene until police arrive.
Document the Crash Scene
Visual evidence of every relevant detail.
Preserve the Motorcycle
The bike needs to be locked down. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Independent observer documentation.
Photograph Your Gear
Protective equipment provides 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. Recorded statements before legal advice can permanently damage the case.
Riding Gear and Damages
Motorcycle gear matters to the case.
Evidence of wearing appropriate riding gear can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle injuries are typically severe. At-fault drivers often have inadequate coverage.
Underinsured motorist (UIM) coverage on your own auto policy provides additional coverage.
Reviewing your own auto policy coverage is essential to evaluating recovery potential.
Attorney Costs
Counsel handling these cases work on contingency. Specialty expertise costs reimbursed from the recovery.
Move Quickly
Motorcycle accident cases require prompt action.
The motorcycle and other physical evidence needs immediate protection.
Independent observations fade quickly.
Surveillance footage have limited retention.
OK’s statute of limitations continues running.
Connecting with a Woodward motorcycle accident attorney quickly locks down the critical evidence.