Motorcycle Accidents in Oklahoma: The Bias Against Riders and How to Beat It

Motorcycle accidents in Oklahoma often result in catastrophic injuries—traumatic brain injuries, spinal cord damage, multiple fractures, and severe road rash. Yet motorcycle accident victims face a challenge that car accident victims don't: pervasive bias against riders.

This bias affects everything from the initial police report to jury deliberations. Understanding how it works—and how to overcome it—is essential to protecting your claim.

The Bias Is Real and Documented

Studies consistently show that both the public and jurors harbor negative assumptions about motorcyclists:

• "They were probably speeding." Even when evidence shows otherwise, people assume motorcyclists ride recklessly.
• "They're thrill-seekers who accept the risk." The implication is that riders "had it coming."
• "I didn't see them." Drivers often escape consequences by claiming motorcycles are hard to spot—as if that excuses negligence.
• "They weave through traffic." One rider's behavior becomes every rider's character.

Insurance companies know about this bias and exploit it ruthlessly.

How Bias Affects Your Case

Police Reports

Investigating officers sometimes assume the motorcyclist contributed to the crash, even without evidence. We've seen reports that:

• Speculate about speed without measurements
• Note the motorcycle's "racing-style" appearance as if relevant
• Accept the driver's account without verification
• Underinvestigate because the outcome seems "inevitable"

Insurance Adjusters

Adjusters often open negotiations with lowball offers, expecting riders to accept less because they fear jury bias. They'll highlight anything that fits stereotypes:

• Aftermarket exhaust (implies recklessness)
• Leather gear (implies "biker gang" culture)
• Lack of a helmet (in Oklahoma, adults can legally ride without one)

Jury Selection

Without careful attention during voir dire, juries may include members who simply don't believe motorcyclists deserve full compensation—regardless of fault.

Overcoming Bias: Trial Strategy That Works

Humanize the Rider

Before the jury sees a "motorcyclist," they need to see a person. We present:

• Family photographs and relationships
• Career and community contributions
• The motorcycle as transportation, not just recreation
• Safety-conscious riding habits and training

Establish the Driver's Clear Fault

Eliminating any doubt about who caused the crash prevents the jury from defaulting to stereotypes. We focus on:

• Objective evidence (traffic cameras, witness statements, accident reconstruction)
• The driver's specific negligent acts
• How the collision would have caused injury regardless of vehicle type

Address Bias Directly

Pretending bias doesn't exist gives it power. During jury selection and opening statements, we acknowledge stereotypes and ask jurors to set them aside. Research shows this approach actually reduces bias more than avoidance.

Expert Testimony

Accident reconstruction experts can establish:

• The rider's actual speed (often slower than assumed)
• The driver's failure to yield or check mirrors
• How the collision's physics prove the driver's fault
• That protective gear was appropriate

Common Causes of Motorcycle Accidents in Oklahoma

The most frequent causes of motorcycle crashes—almost all involving negligent drivers—include:

Left-turn collisions: Drivers turn left in front of oncoming motorcycles, claiming they "didn't see" the rider. This is the single most common cause of fatal motorcycle accidents.

Lane-change crashes: Drivers fail to check blind spots before merging into a motorcycle's lane.

Rear-end impacts: Following too closely at stops or in traffic.

Intersection violations: Running red lights or stop signs.

Door strikes: Parked drivers opening doors into motorcycle lanes.

DUI collisions: Impaired drivers who can't react appropriately.

Oklahoma-Specific Considerations

No Helmet Law for Adults

Oklahoma doesn't require helmets for riders over 18. Insurance companies routinely argue that:

• Lack of helmet contributed to injuries
• Recovery should be reduced for "failure to mitigate"

However, Oklahoma law limits how this argument can be used. Helmet choice cannot reduce your recovery for injuries that helmets wouldn't have prevented—like leg fractures, internal injuries, or certain types of head trauma.

Comparative Negligence

Oklahoma's modified comparative fault system applies to motorcycle cases. If you're found partially at fault, your recovery is reduced proportionally—but you can still recover if you're 50% or less responsible.

Uninsured/Underinsured Coverage

Many motorcycle accidents involve drivers with minimum insurance or no coverage. Your own UM/UIM coverage becomes critical in these situations.

Damages in Motorcycle Accident Cases

Because motorcycles offer less protection than cars, injuries tend to be more severe:

• Medical expenses: Emergency care, surgeries, rehabilitation, and ongoing treatment
• Lost income: Both immediate and future earning capacity
• Pain and suffering: Physical pain and emotional trauma
• Disfigurement: Scarring, amputation, or permanent visible injuries
• Loss of enjoyment: Inability to ride or pursue other activities
• Wrongful death: When crashes prove fatal

Protecting Your Claim After a Crash

If you've been injured in a motorcycle accident:

1. Get immediate medical attention—even if you feel okay initially
2. Document everything—photos of the scene, damage, injuries, and road conditions
3. Get witness contact information
4. Don't give recorded statements to the other driver's insurance company
5. Preserve your gear—helmet, jacket, and other equipment may be evidence
6. Contact an attorney before accepting any settlement offers

We Understand Motorcycle Cases

Motorcycle accident claims require attorneys who understand both the legal issues and the unique challenges riders face. We know how to counter bias, present compelling evidence, and ensure injured riders receive full compensation for their injuries.

Learn more about our Oklahoma Motorcycle Accident representation →

If you've been injured in a motorcycle crash in Oklahoma, contact us for a free consultation. We'll evaluate your case honestly and explain your options without pressure.