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Motorcycle accidents can happen to anyone, no matter how experienced or cautious they are on the road. Motorcyclists are more vulnerable to accidents because they have less protection compared to car occupants.
If you are involved in a motorcycle accident in Tulsa or other parts of Oklahoma, you need an experienced and skilled attorney to help you get the compensation you deserve. Our motorcycle accident attorneys at The Law Offices of Jeff Martin represent injured victims and family members of those incapacitated or killed in motorcycle crashes. If you have been in an accident, reach out today to schedule a consultation.
Below are some of the most important steps to take immediately after a motorcycle accident to ensure that you are protected and properly taken care of.
The first thing you should do is check yourself and others involved in the accident for any injuries.
This will signal other drivers to slow down and help to avoid more collisions.
If possible, move your vehicle to the side of the road or a safe location to avoid further accidents. Otherwise leave your vehicle where it is so the police can document the scene.
You may also need to call the police while at the scene of your accident. Even if the other driver is cooperative and admits fault, it’s important to have an official police report filed. This report will be useful later in the claims process and can help your case if the other driver changes their story.
It is important to seek medical help after a motorcycle accident. Even if you don’t feel hurt, it’s better to be safe than sorry. Adrenaline and shock can often mask the severity of injuries, so it’s critical to get checked out by a medical professional as soon as possible.
Take photos of the accident scene, including both vehicles and any damages or injuries. Make sure to take multiple angles to fully document the scene and get close-up photos of any damage to your motorcycle or injuries you sustained.
If there were any witnesses to the accident, make sure to talk to them and get their contact information. Witness statements can be incredibly helpful if there is a dispute over who was at fault for the accident. By taking these steps, you are improving the likelihood that you will receive the compensation and support that you deserve.
Make sure to exchange insurance and vehicle information with the other driver involved in the accident. This includes their name, contact information, insurance policy number, and license plate number. If the driver is not the owner of the vehicle, make sure to get the owner’s information as well.
Contact your insurance company to report the accident and start the claims process. Be sure to provide them with all necessary information, including any evidence or documentation you have gathered.
Be sure to keep all documents related to the accident, including police reports, medical records, and any communication with insurance companies or attorneys.
It is important to follow any recommended treatment plan from your doctor and attend all necessary medical appointments. This will not only help you recover physically, but it can also strengthen your case for compensation.
It’s common to experience physical and emotional distress after a motorcycle accident. Be sure to take care of yourself by resting, seeking medical treatment, and talking to friends or family for support.
Finally, you might want to consider hiring an experienced attorney who can guide you through the claims process and help protect your rights. The aftermath of a motorcycle accident can be incredibly stressful and confusing, so having someone on your side who knows the ins and outs of the legal system can make a huge difference.
Below are some of the most important steps to take immediately after a motorcycle accident to ensure that you are protected and properly taken care of.
Take photos of the accident scene, including both vehicles and any damages or injuries. Make sure to take multiple angles to fully document the scene and get close-up photos of any damage to your motorcycle or injuries you sustained.
If possible, only move your vehicle to the side of the road or a safe location to avoid further accidents. Otherwise leave your vehicle where it is so the police can document the scene.
If there were any witnesses to the accident, make sure to talk to them and get their contact information. Witness statements can be incredibly helpful if there is a dispute over who was at fault for the accident.
By taking these steps, you are improving the likelihood that you will receive the compensation and support that you deserve.
Make sure to exchange insurance and vehicle information with the other driver involved in the accident. This includes their name, contact information, insurance policy number, and license plate number. If the driver is not the owner of the vehicle, make sure to get the owner’s information as well.
The next thing you should do is check yourself and others involved in the accident for any injuries.
The first and most important step after a motorcycle accident is to seek medical help. Even if you don’t feel hurt, it’s better to be safe than sorry. Adrenaline and shock can often mask the severity of injuries, so it’s critical to get checked out by a medical professional as soon
as possible.
Contact your insurance company to report the accident and start the claims process. Be sure to provide them with all necessary information, including any evidence or documentation you have gathered.
Finally, you might want to consider hiring an experienced attorney who can guide you through the claims process and help protect your rights. The aftermath of a motorcycle accident can be incredibly stressful and confusing, so having someone on your side who knows the ins and outs of the legal system can make a huge difference.
Be sure to keep all documents related to the accident, including police reports, medical records, and any communication with insurance companies or attorneys.
It’s common to experience physical and emotional distress after a car accident. Be sure to take care of yourself by resting, seeking medical treatment, and talking to friends or family for support.
Finally, you might want to consider hiring an experienced attorney who can guide you through the claims process and help protect your rights. The aftermath of a motorcycle accident can be incredibly stressful and confusing, so having someone on your side who knows the ins and outs of the legal system can make a huge difference.
When you are involved in a motorcycle accident in Tulsa or other parts of Oklahoma, you need to understand the state laws that might affect your claim:
Carrying passengers: Motorcyclists younger than 16 are not allowed to carry passengers. Additionally, motorcycles must have wheels 12 inches in diameter or greater and be equipped with either a double-seating device and footrests for the passenger or an attached sidecar.
Equipment: Oklahoma law requires all motorcycles to have two rearview mirrors at least three inches in diameter. Motorcyclists are also required to wear goggles or face shields if their bike is not equipped with a windshield.
Helmet: Unlike some other states, which require all motorcyclists to wear helmets, Oklahoma requires wearing a helmet only if you are under 18 years of age.
Lane splitting: Like most other states, Oklahoma makes it illegal to ride a bike between two lanes of traffic, the practice known as “lane splitting”.
Your compliance with the above-mentioned Oklahoma motorcycle laws could potentially affect the determination of fault and your ability to seek compensation following a motorcycle crash.
While motorcycle accidents can be the result of factors beyond anyone’s control, oftentimes, they can be attributed to a driver’s negligence. When a motorcycle accident occurs, it is important to determine who is at fault.
Proving negligence requires evidence that the other driver was at fault. This can be established by showing that the other driver violated traffic laws or acted in a manner that was unsafe.
Example: If the other driver was speeding or driving under the influence of drugs or alcohol, they could be held responsible for the accident. It is important to gather all possible evidence, including witness statements, photographs, and police reports.
Oklahoma follows the comparative negligence rule. This means that both parties involved in an accident can be found partially responsible for the accident. If the motorcycle rider is found to be partly to blame, any damages awarded will be reduced by their percentage of fault.
Example: If a motorcycle rider is found to be 20% at fault for an accident, they will receive 80% of the damages awarded. It is important to note that if the rider is found to be more than 50% at fault, they will not be eligible for damages.
If a loved one is incapacitated after a motorcycle accident, they may be unable to file a personal injury claim on their behalf. In this situation, a family member or legal representative may be able to file a claim. This can help the victim receive compensation for any medical expenses, lost wages, and other damages they may have suffered.
If a loved one has been killed in a motorcycle accident, their family members may be able to file a wrongful death claim. This can help them receive compensation for any medical expenses, funeral costs, and other damages they may have suffered.
However, under Oklahoma law, only the personal representative of the deceased person’s estate has the right to file a wrongful death lawsuit. It is important to act quickly when suing for wrongful death, as there are time limitations for doing so.
Motorcycle accidents in Oklahoma often happen because other drivers fail to see motorcycles or misjudge their speed and distance. Common causes include distracted driving, unsafe lane changes, left-turn accidents, speeding, following too closely, drunk driving, and failure to yield. Road hazards such as debris, potholes, or poor road maintenance can also be especially dangerous for motorcyclists because they have far less protection than people in passenger vehicles.
Liability in a motorcycle accident depends on the facts of the crash. In many cases, the at-fault driver may be held responsible if their negligence caused the collision. In some situations, liability may also involve an employer, a vehicle owner, a manufacturer of defective parts, or even a government entity if dangerous road conditions contributed to the accident. A full investigation is often needed to identify every party that may be legally responsible.
If you were injured in a motorcycle accident, you may be able to recover compensation for medical bills, future treatment, lost wages, reduced earning ability, property damage, pain and suffering, and other losses related to the crash. In serious cases, compensation may also account for permanent injuries, disability, long-term rehabilitation, and the overall effect the accident has had on your daily life.
Fault in a motorcycle accident case is usually determined by reviewing the available evidence. That may include the police report, witness statements, crash scene photographs, vehicle damage, surveillance or traffic camera footage, medical records, and expert analysis when needed. Insurance companies and attorneys use this evidence to evaluate how the crash happened and who should be held responsible.
Oklahoma law places time limits on filing personal injury lawsuits after a motorcycle accident. Because the deadline can depend on the details of the case and missing it can affect your right to recover compensation, it is important to speak with an attorney as soon as possible after the crash.
Not wearing a helmet does not automatically prevent you from bringing a motorcycle accident claim. However, it may become an issue in the case depending on your injuries and the facts of the crash. Insurance companies may try to use that fact to reduce the value of the claim, which is one reason it can be important to speak with a lawyer before accepting an offer or making detailed statements.