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Frequently Asked Questions About Oklahoma Motorcycle Accidents

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Motorcycle accidents are some of the most devastating cases we handle. Because a biker’s body has much less protection than someone in an enclosed vehicle, serious injuries are common. And while the crash itself may have been over fast, the consequences can last a long time. That’s why our Oklahoma motorcycle accident lawyers have prepared this guide for injured bikers.

If you don’t see your question listed here, or even if you do, you should contact Lawter & Associates, PLLC right away. Remember, these answers are intended for general informational purposes, not specific legal advice about your individual case. Our law firm would be happy to review the specifics of your motorcycle accident during a free consultation.

I was hurt when a car turned in front of me. Do I have a case?

Under Oklahoma law, a motorcycle is a vehicle, and cars are supposed to yield to an oncoming bike in the same way that they would yield to an oncoming car. Failure to yield is a type of negligence that could lead to a legitimate civil case against the driver who hit you – but you’d have to prove it. That’s why it’s so important to get an experienced attorney on your side as soon as possible.

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What if I was forced off the road?

Not every motorcycle accident involves contact. If another driver caused your injuries, you are entitled to take legal action, even if the other vehicle never actually hit your bike. However, it can be very difficult to prove fault in a no-contact accident. We strongly encourage you to get in touch with our law firm immediately, while witnesses’ memories are still fresh and evidence can be found to support your case.

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Do I really need to see a doctor?

Absolutely. It’s quite common for motorcycle crashes to cause injuries such as internal bleeding and traumatic brain injury, which can have delayed onset symptoms. Seeing a doctor right away, even if you feel fine, is the best option for your health. Moreover, seeking medical attention creates a record of your injury, which is essential if you later need to file a claim for medical expenses. Be sure to tell the provider who sees you that you were in a motorcycle accident.

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How can I get my medical bills paid after a motorcycle crash?

Ultimately, if your accident was caused by another person, his or her insurance company should pay for your medical expenses, up to the policy limit. However, that coverage will normally only be provided after you have completed your medical treatment. In the meantime, if you have medical payments coverage on your auto insurance policy, you may be able to get coverage from your own insurance carrier. Your health insurance may also cover your accident-related medical expenses.

If you don’t have applicable insurance coverage, we may be able to negotiate with your medical providers and work out a “treat now, pay later” arrangement, where they provide care at no cost to you and will be paid out of your settlement once your case resolves. This is called a physician lien, and it is normally only possible to do this if you work with an injury lawyer. That’s why it’s so essential that you contact Lawter & Associates right away.

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Can a lawyer deal with the insurance company on my behalf?

Yes, and we highly recommend retaining an attorney to do so. Insurance adjusters and investigators are trained to protect the insurance company’s bottom line, and anything you say to them can be used for that purpose. With an attorney from our firm on your side, you can focus on getting better while we handle negotiations and protect your legal rights.

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What if I wasn’t wearing a helmet?

In Oklahoma, motorcycle riders above the age of 18 are not required to wear helmets. However, failure to wear a helmet could still be considered a form of negligence that could come into play if you need to file a claim. How that affects your recovery depends on the nature of your injuries and the circumstances of your accident.

Helmets don’t prevent all injuries, of course. If you sustained an injury to your leg, back or arm, for example, it doesn’t particularly matter whether you were wearing a helmet or not. Even if you did sustain a head injury, not wearing a helmet doesn’t necessarily absolve the motorist who caused your accident of responsibility. You may still be able to recover compensation, although your recovery may be reduced by the principle of comparative negligence.

Don’t let an insurance company tell you that you can’t recover just because you weren’t wearing a helmet. You still have legal rights, and we still want to hear from you. Contact our firm for a free consultation to discuss the specifics of your case.

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How long will my case take to resolve?

That depends on the circumstances of the accident, the size of your claim and the insurance company’s willingness to negotiate. Motorcycle accident cases in general tend to take a fair amount of time because the injuries sustained are often severe and negotiated with the insurance companies can be particularly difficult. We’ve seen cases settle in just a few months, but we’ve also seen some drag on for years. While we always try to move toward a speedy resolution for our clients, we firmly believe in taking the time required to get the best possible outcome. You can be assured that our attorneys will be with you every step of the way.

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