Motorcycle Accident Attorneys in Tulsa, Oklahoma
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 Law Offices of Jeff Martin represent injured victims and family members of those incapacitated or killed in motorcycle crashes in Tulsa, Oklahoma. If you have been in an accident, reach out today to schedule a meeting.
Steps to Take If You Were in a Motorcycle Accident
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.
1. Turn on hazards - This will signal other drivers to slow down and help to avoid more collisions.
2. Call the police. 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.
3. Take photos at the scene - 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.
4. Get to a safe location - 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.
5. Talk to witnesses. 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.
6. Get the insurance and vehicle information of the other driver - 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.
7. Check for injuries - The next thing you should do is check yourself and others involved in the accident for any injuries.
8. Seeking medical help - 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.
9. Notify Your Insurance Company - 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.
10. Hire an attorney - 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.
11. Keep records - Be sure to keep all documents related to the accident, including police reports, medical records, and any communication with insurance companies or attorneys.
12. Take care of yourself - 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.
13. Follow Your Doctor's Recommendations - 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.
Oklahoma Motorcycle Laws
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. Besides, 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 windshields.
- 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.
Determining Fault in Oklahoma
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 After a Motorcycle Accident in Oklahoma
Proving negligence after a motorcycle accident in Oklahoma 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’s Comparative Negligence Rule
Oklahoma follows the comparative negligence rule, which 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.
Filing a Claim for a Loved One
If a loved one is incapacitated after a motorcycle accident, they may be unable to file a personal injury claim on their own behalf. In this situation, a family member or legal representative may be able to file a claim on their behalf. 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.
Contact Us ASAP - Our dedicated team of experienced motorcycle accident injury attorneys are here to help you recieve the maximum compensation that you deserve. With a deep understanding of Oklahoma's laws and a commitment to advocating for our clients, we will fight tirelessly to protect your rights and secure the best possible outcome for your case. Don't delay, and let us help you reclaim your peace of mind.
FAQs
What Are The Most Common Causes Of Motorcycle Accidents In Oklahoma?
Motorcycle accidents are a common occurrence in Oklahoma, with an average of 1,000 crashes reported each year. These accidents can result in serious injuries and even death.
To better understand the dangers of riding a motorcycle in Oklahoma, it is important to know the most common causes of these accidents.
1. Driver Inattention or Distraction
One of the leading causes of motorcycle accidents in Oklahoma is driver inattention or distraction. This includes texting, talking on the phone, adjusting the radio, eating, and other distractions while behind the wheel. When drivers are not paying attention to the road, they can easily miss seeing a motorcyclist and cause an accident.
2. Failure to Yield
Another common cause of motorcycle accidents is failure to yield. This is when a driver fails to give the right of way to a motorcyclist, either at an intersection or while changing lanes. Motorcycles are smaller and can be harder to see on the road, making it even more important for drivers to pay attention and yield appropriately.
3. Speeding
Speeding is a major factor in all types of accidents, including motorcycle accidents. When a driver is speeding, they have less time to react to changes in traffic or road conditions, putting motorcyclists at risk. Motorcycles are also more vulnerable to the impact of a high-speed crash.
4. Driving Under the Influence
Driving under the influence of drugs or alcohol is another common cause of motorcycle accidents in Oklahoma. This impairs a driver's judgment, reaction time, and coordination, making them more likely to cause an accident. It is important for both drivers and motorcyclists to never drink or use drugs before getting behind the wheel.
5. Lane Splitting
Lane splitting is when a motorcyclist rides between two lanes of traffic. While it is not illegal in Oklahoma, it can be dangerous and is a common cause of motorcycle accidents. Drivers may not expect a motorcycle to pass them between lanes and could accidentally hit them.
6. Poor Road Conditions
Poor road conditions can also contribute to motorcycle accidents in Oklahoma. Potholes, uneven surfaces, loose gravel, and debris on the road can all cause a motorcyclist to lose control of their bike and crash. It is important for motorcyclists to be aware of their surroundings and adjust their riding accordingly.
7. Inclement Weather
Inclement weather, such as rain, snow, or strong winds, can make road conditions even more dangerous for motorcyclists. These weather conditions can reduce visibility and make it harder for a motorcycle to grip the road. Motorcyclists should always check the weather before heading out on a ride and adjust their riding technique accordingly.
8. Mechanical Failure
Mechanical failure, such as brake or tire issues, can also contribute to motorcycle accidents. Proper maintenance of a motorcycle is crucial for safe riding. Motorcyclists should regularly inspect their bikes and address any mechanical problems immediately.
Knowing the most common causes of motorcycle accidents in Oklahoma can help both drivers and motorcyclists take necessary precautions to prevent them. It is important for all road users to remain attentive, follow traffic laws, and be always aware of their surroundings.
Who Can Be Held Liable In A Motorcycle Accident?
In Oklahoma, there are several parties that can be held liable in a motorcycle accident. This includes the at-fault driver, the owner of the vehicle involved in the accident, and even the manufacturer of any defective parts or equipment on the motorcycle. Additionally, if road conditions were a contributing factor to the accident, the government entity responsible for maintaining those roads may also be held liable.
It is also possible for a passenger on the motorcycle to be held partially responsible for the accident if their actions or lack of action contributed to the crash. In these cases, they may be liable for any damages or injuries sustained by themselves and others involved in the accident.
Determining liability in a motorcycle accident can be complex and depends on the specific circumstances of each case. It is important for those involved in a motorcycle accident to consult with an experienced personal injury attorney who can help determine liability and seek compensation for any injuries or damages sustained. Overall, all parties involved in a motorcycle accident should take responsibility for their actions and work towards preventing future accidents on the road.
What Types Of Compensation Can I Claim After A Motorcycle Accident?
After a motorcycle accident, there are several types of compensation that may be available to help cover the costs associated with the accident. These can include:
- Medical Expenses
Medical expenses are often the most significant cost after a motorcycle accident. This includes hospitalization, surgeries, medication, rehabilitation, and any other necessary medical treatments.
- Lost Wages
If an injury sustained in a motorcycle accident prevents the victim from working, they may be able to claim lost wages. This can include both past and future lost earnings.
- Property Damage
If the motorcycle was damaged or destroyed in an accident, the victim may be able to claim compensation for repairs or replacement.
- Pain and Suffering
Pain and suffering damages are intended to compensate for the physical and emotional pain, trauma, and inconvenience caused by the accident.
- Loss of Consortium
Loss of consortium refers to the loss of companionship or support due to a serious injury sustained in a motorcycle accident. This can include loss of intimacy with a spouse or inability to participate in activities with family members.
Navigating through a personal injury case after a motorcycle accident can be overwhelming, but with the help of an experienced attorney, victims can seek compensation for their losses and work towards a full recovery.
It is important for all motorcyclists and drivers to understand the types of compensation available in Oklahoma and take necessary precautions to prevent accidents on the road.
How Is Fault Determined In Motorcycle Accident Cases?
In the state of Oklahoma, fault is determined based on the concept of comparative negligence. This means that each party involved in the accident can be assigned a percentage of fault for the incident.
For example, if a motorcyclist is found to be 25% at fault for an accident and the other driver is found to be 75% at fault, the motorcyclist may still be able to recover 75% of their total damages.
Fault is determined through evidence and testimony gathered by investigators, including police reports, witness statements, and expert analysis. It is important for all parties involved in a motorcycle accident to gather as much evidence as possible to support their case.
It should also be noted that Oklahoma follows a modified comparative negligence rule, meaning that if a victim is found to be 51% or more at fault for the accident, they may not be able to recover any damages. This further emphasizes the importance of seeking legal representation and building a strong case.
How Long Do I Have To File A Motorcycle Accident Lawsuit In Oklahoma?
In Oklahoma, the statute of limitations for filing a personal injury lawsuit after a motorcycle accident is two years from the date of the accident. This means that any legal action must be taken within this time frame, or the victim may lose their right to seek compensation.
It is important for victims of motorcycle accidents to seek legal counsel as soon as possible after an accident to ensure they have enough time to build a strong case and file within the statute of limitations.
Understanding the common causes and liability in motorcycle accidents, as well as the types of compensation available and how fault is determined can be helpful for both drivers and motorcyclists in Oklahoma. It is also important to be aware of the statute of limitations when seeking legal action after a motorcycle accident.
What If I Wasn't Wearing A Helmet During The Motorcycle Accident?
In the state of Oklahoma, it is not mandatory for motorcyclists over the age of 18 to wear a helmet while riding. However, this does not mean that not wearing a helmet cannot affect a personal injury case after a motorcycle accident.
If a motorcyclist was not wearing a helmet at the time of the accident and sustained head or brain injuries, it can be argued that they were partially at fault for their own injuries. This may result in a reduction of the compensation they can receive from any other party found to be liable.
It is important for all motorcyclists to wear proper safety gear, including helmets, to protect themselves and strengthen their case in the event of an accident. Failure to do so can potentially have a negative impact on any legal action taken after a motorcycle accident.
It is crucial for all parties involved in a motorcycle accident to understand the laws and regulations in Oklahoma regarding safety precautions, liability, and compensation. By being informed and responsible, we can work towards preventing accidents and keeping our roads safe for everyone.
Can I Sue For Road Rash Or Other Seemingly Minor Injuries?
Yes, it is possible to sue for road rash or other seemingly minor injuries sustained in a motorcycle accident. Injuries such as road rash, bruises, and cuts may seem minor at first, but they can have lasting effects on the victim's physical and emotional well-being.
Road rash refers to skin abrasions caused by friction with the road surface during an accident. It can range from mild to severe and may require medical treatment, including skin grafts. Other seemingly minor injuries, such as whiplash or soft tissue injuries, can also have long-term impacts on a person's health.
Even if an injury seems minor, it is important for victims to seek medical attention and document all injuries sustained in the accident. This documentation can be used as evidence in a personal injury case and help to support the victim's claim for compensation.
It is possible to sue for road rash or other seemingly minor injuries after a motorcycle accident in Oklahoma. Seeking legal counsel and understanding the types of compensation available can help victims to recover from their losses and work towards a full recovery. Remember, safety should always be a top priority when riding a motorcycle and being informed about the laws and regulations can help prevent accidents on the road.
Are Motorcycle Accidents Treated Differently Than Car Accidents In Court?
In Oklahoma, motorcycle accidents are not treated differently than car accidents in court. The same laws and regulations apply to both types of accidents. However, there may be certain biases against motorcyclists that can make it more challenging to recover compensation.
Due to the inherent risks of riding a motorcycle, some individuals may have preconceived notions about reckless or irresponsible behavior on the part of motorcyclists. This can lead to unfair treatment in court and make it more difficult for victims to receive fair compensation.
It is important for both drivers and motorcyclists to understand their rights and responsibilities on the road, as well as the laws and regulations governing accidents in Oklahoma. Seeking legal representation can also help ensure a fair trial and protect the rights of all parties involved.
Motorcycle accident personal injury cases are treated similarly to car accident cases in court in the state of Oklahoma. However, it is important for victims to understand the unique factors and laws that may impact their case, such as helmet laws and comparative negligence rules. Seeking legal representation can help ensure a fair trial and proper compensation for all parties involved.
What Evidence Is Key In A Motorcycle Accident Personal Injury Claim?
To have a strong case in a motorcycle accident personal injury claim, certain key evidence must be provided. This evidence helps to establish liability and determine the extent of damages incurred by the victim.
Some examples of key evidence that may be required include:
- Accident report: A police report or accident report filed by an authority figure can provide important details about the incident, such as the date, time, location, and parties involved.
- Eyewitness testimony: Statements from witnesses who saw the accident occur can help to corroborate the victim's version of events.
- Medical records: Documentation of any injuries sustained in the accident, as well as medical treatments and expenses incurred, can be crucial in determining the extent of damages suffered by the victim.
- Photos or videos: Visual evidence of the accident scene and injuries can also be helpful in establishing liability and damages.
- Expert opinions: In some cases, expert testimony may be needed to explain technical aspects of the accident or provide insight into the extent of injuries sustained.
It is important for victims to gather as much key evidence as possible after a motorcycle accident to strengthen their case and increase their chances of receiving fair compensation. Seeking legal advice can also help ensure that all necessary evidence is collected and presented effectively in court.
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