Injured in an Oklahoma City Motorcycle Accident?
Our Oklahoma City motorcycle accident attorneys will handle your claim, demand compensation
When the weather is nice, there is nothing Oklahoma City motorcyclists enjoy more than the freedom of the open road. Most drivers safely share Routes 77 and 62 with motorcyclists, but not all motorists respect the rules of the road. The result - serious motorcycle crashes due to driver negligence.
Fortunately, you’re not alone. Our knowledgeable legal team at Lawter & Associates, PLLC can demand the compensation you deserve. Our Oklahoma City motorcycle accident lawyers know what to do because we have more than 40 years of legal knowledge and experience handling cases involving injuries to motorcyclists in Oklahoma City. We’re ready to handle your claim.
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FAQs About Oklahoma City Motorcycle Accidents
- What are common types of motorcycle crashes?
- What are common causes of Oklahoma City motorcycle accidents?
- Who investigates motorcycle accidents in Oklahoma City?
- What evidence should I collect after a motorcycle crash in Oklahoma City?
- Who will pay for my motorcycle injury expenses?
- Should I file a motorcycle accident lawsuit or an injury claim?
- Why are Oklahoma City motorcycle accidents cases so complicated?
- How much is my motorcycle accident case worth?
- Can I still receive compensation if I was partially at fault for causing my motorcycle accident?
- Can I still recover compensation if I wasn’t wearing a helmet during my motorcycle accident?
- Should I accept a settlement offer for my motorcycle accident?
- How do I know if my motorcycle accident settlement offer is fair?
- Should I file a motorcycle accident lawsuit?
- Who can I sue for my motorcycle accident in Oklahoma City?
- What happens if my motorcycle accident lawsuit goes to trial in Oklahoma City?
- Why should I hire an Oklahoma City motorcycle accident lawyer?
What are common types of motorcycle crashes?
Collisions caused by other drivers involving motorcyclists in Oklahoma City cover a wide range. Some of the most common – and most serious – crashes include:
- Rear-end accidents: At a traffic light, stop sign or traffic jam, some drivers fail to stop. Distracted driving, speeding, impaired driving and other forms of negligence often result in rear-end collisions with motorcyclists. Motorcyclists can also be injured when a passenger vehicle makes a sudden stop.
- Head-on collisions: These accidents are rare, but when they happen, they are catastrophic. Motorcyclists involved in head-on collisions often sustain serious and life-threatening injuries. Fatalities also often occur.
- Side-impact accidents: When drivers fail to stop at traffic lights or stop signs, side-impact (or broadside) accidents can occur. These accidents can also happen when a motorcyclist makes a left turn at an intersection.
- Dooring accidents: Busy city streets and narrow residential passages with on-street parking are prone to dooring accidents. Once a driver or passenger opens a car door without regard for oncoming traffic, a motorcyclist has little time to avoid a crash.
- Lane departure accidents: These collisions often happen on multi-lane roadways such as Interstates 40 and 44. Distracted driving, impaired driving, inclement weather and vehicle defects can cause drivers to veer out of their lanes, possibly sideswiping nearby motorcyclists.
We understand the pain and suffering a crash can cause Oklahoma City motorcyclists and their families. Contact us today and find out what we can do for you. We're here for you every step of the way.
What are common causes of Oklahoma City motorcycle accidents?
Motorcycle accidents are almost always caused by driver negligence. Some motorists fail to show any regard for motorcyclists. Other drivers simply don't see them. More specifically, crashes often occur due to:
- Distracted driving: Accidents caused by drivers who take their eyes off the road, hands off the wheel and attention away from driving are growing at an alarming rate. Handheld devices and built-in infotainment systems are often associated with crashes caused by distracted drivers. Because motorcycles are much smaller than cars and trucks, they are frequently overlooked by distracted drivers.
- Impaired driving: Drunk drivers often cause motorcycle accidents in Oklahoma City. Unfortunately, drugged driving is on the rise in Oklahoma as well, resulting in a staggering number of crashes. These drivers often have slow response times and poor judgment, making it difficult for impaired drivers to avoid accidents.
- Speeding and reckless driving: Some motorists become over confident of their driving skills. They think it's safe to speed or make risky maneuvers. It only takes one wrong move to cause a high speed accident involving a motorcyclist. And due to the impact caused by speeders, motorcyclists often sustain severe and life-threatening injuries.
- Road defects: It is the responsibility of local municipalities to maintain the roads and make sure they are safe to ride on. Motorcycles are particularly sensitive to road defects because of their smaller size. Potholes, ditches, road debris and other hazards can put motorcyclists in danger.
- Mechanical defects: Properly functioning brakes, tires, wheels and steering columns are crucial to the safety of motorcyclists. This also applies to passenger vehicles, as a defect can result in a crash with a motorcyclist. In many cases, the vehicle or motorcycle manufacturer can be held liable for collisions caused by mechanical defects.
- Inclement weather: Dangerous weather can strike unexpectedly in Oklahoma City, especially during its infamous tornado season. Heavy rain and high winds can make it impossible for motorcyclists to safely navigate roads. Passenger vehicle drivers who fail to practice caution during inclement weather can put motorcyclists in danger.
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Who investigates motorcycle accidents in Oklahoma City?
Several parties may investigate motorcycle accidents in Oklahoma City to determine fault, assess damages (financial losses), and gather evidence. Each plays a specific role in building a clear picture of who caused the crash. Common investigators include:
- Oklahoma City Police Department (OCPD): Local law enforcement often responds to motorcycle accidents within city limits. Officers document the crash scene, collect witness statements, and prepare an official police report, which can be crucial evidence for your claim.
- Oklahoma Highway Patrol (OHP): If the accident occurs on highways like I-35, I-40, or I-44, OHP may take charge of the investigation and provide a detailed crash report.
- Insurance companies: Both your insurer and the at-fault party’s insurer will investigate the accident. They typically review police reports, inspect vehicle damage, and may even request recorded statements from those involved. Keep in mind that their goal is often to minimize payouts.
- Accident reconstruction experts: In complex or disputed cases, experts may analyze evidence like skid marks, vehicle positions, and road conditions to determine how the crash occurred and who is at fault.
- Your attorney: An Oklahoma City motorcycle accident lawyer can conduct an independent investigation. They might gather additional evidence, such as surveillance footage, and consult with experts to build a strong case for you.
It’s essential to obtain a copy of the official police report and keep records of all evidence collected by these parties. A thorough investigation helps establish liability and strengthens your compensation claim.
What evidence should I collect after a motorcycle crash in Oklahoma City?
Gathering evidence after a motorcycle crash is critical to building a strong case and proving who was at fault. The more evidence you collect, the better your chances of recovering fair compensation. Key pieces of evidence include:
- Photos and videos: Take pictures of the accident scene, including vehicle damage, skid marks, road conditions, and your injuries.
- Witness information: Get the names and contact details of anyone who saw the accident.
- Police report: Request a copy of the accident report from the Oklahoma City Police Department or the responding law enforcement agency.
- Medical records: Document your injuries and keep track of all medical treatments and expenses.
- Helmet and gear: If your helmet or protective gear was damaged in the crash, save them as evidence to show the force of impact.
Preserve this evidence as soon as possible, as it can be crucial for proving liability and the extent of your damages.
Who will pay for my motorcycle injury expenses?
If someone else caused your Oklahoma City motorcycle crash, you should not have to pay for your injury-related expenses. Instead, the at-fault party should be liable and held responsible for paying for all your crash-related expenses.
Often, it’s the at-fault driver’s insurance company who pays your damages, a legal term for financial compensation for your expenses. In addition, you may be able to obtain compensation from other sources, provided you and your lawyer can produce evidence that they were at fault and responsible or your crash.
The bottom line is you should not have to pay for someone’s else’s mistakes. If someone caused your motorcycle crash, they or their insurance company should be the ones paying your medical bills and other crash-related expenses.
Should I file a motorcycle accident lawsuit or an injury claim?
If you or a loved one has been injured in a motorcycle crash in Oklahoma City caused by another driver, you often have two main options for obtaining the financial compensation you deserve for your expenses. You can:
- File an injury claim with the at-fault driver’s insurance company.
- File a lawsuit against the driver or the at-fault driver’s insurance company.
Each case is different, but many people and their attorney choose to file a claim first. However, sometimes, insurance companies refuse to negotiate in good faith. Instead, they might make a lowball settlement offer that doesn’t even come close to covering your motorcycle injury expenses. Or the at-fault driver’s insurance company might try to deny your claim altogether.
When this happens, filing a lawsuit against the driver or their insurance company may be the best way to demand the money you deserve for medical bills, replacement income and other injury-related expenses. Either way, it’s important to discuss your options with a lawyer who can help you decide which approach makes the most sense for you.
Why are Oklahoma City motorcycle accident cases so complicated?
Motorcycle accident cases in Oklahoma City are often complicated due to the severity of injuries, the large financial impact of such accidents and the biases motorcyclists face. Unlike car accidents, motorcycle crashes typically involve catastrophic injuries that require extensive evidence and higher compensation claims. The complexities arise from:
- Bias against motorcyclists: Insurance companies and others may assume motorcyclists are reckless, impacting the outcome of your claim.
- Severe injuries: Motorcyclists have less protection, leading to serious injuries such as spinal cord damage or traumatic brain injuries.
- Disputed liability: Establishing who was at fault may involve analyzing traffic laws, road conditions, and driver negligence.
Comprehensive investigations and expert testimony are often required to navigate these challenges and ensure fair compensation. Often, the best way to achieve this goal is by hiring an experienced Oklahoma City motorcycle accident attorney.
How much is my motorcycle accident case worth?
The value of your Oklahoma City motorcycle accident case often depends on many different factors, including the extent of your injuries and the impact on your life. Financial compensation may include money for:
- Economic damages: Covers financial losses like medical bills, lost wages, and rehabilitation costs.
- Non-economic damages: Includes pain and suffering, emotional distress, and loss of quality of life.
- Property damage: Compensation for repairing or replacing your motorcycle.
Additional factors, such as the severity of your injuries, the at-fault party’s insurance policy limits, and whether you have permanent disabilities, will also influence the total value. Add all these expenses and financial losses up and your motorcycle accident could easily be worth thousands or millions of dollars. Each case is unique, so a thorough evaluation is essential.
Can I still receive compensation if I was partially at fault for causing my motorcycle accident?
Yes, you can still receive compensation for your injuries even if you were partially at fault for causing your motorcycle accident in Oklahoma City. Oklahoma follows a modified comparative negligence rule, which allows injured parties to recover compensation as long as they are less than 50% at fault for the accident, according to Oklahoma Statute 23-13-15. Here’s how it works:
- Percentage of fault affects compensation: Your total compensation will be reduced by the percentage of fault assigned to you. For example, if your damages total $100,000 and you are found to be 30% at fault, your compensation would be reduced to $70,000.
- Fault determination: Fault is determined based on evidence like police reports, witness statements, and other available proof.
- More than 50% fault: If you are found to be more than 50% at fault, you may not be eligible to recover any compensation under Oklahoma law.
Partial fault is often contested, especially in motorcycle accident cases where biases against motorcyclists may come into play. Many insurance companies automatically blame motorcyclists for causing all collisions. Gathering strong evidence, like photos of the crash scene and witness statements, can help level the playing field and make sure fault is assessed accurately and fairly.
Can I still recover compensation if I wasn’t wearing a helmet during my motorcycle accident?
Yes, you can still receive financial compensation for your injuries even if you weren’t wearing a helmet at the time of your Oklahoma City motorcycle accident. However, not wearing a helmet may impact your claim in certain ways:
- Comparative negligence: If your head injury could have been prevented or minimized by wearing a helmet, the insurance company or opposing party may argue that you are partially at fault. Under Oklahoma’s modified comparative negligence law, your compensation may be reduced by your percentage of fault.
- Other injuries: If you sustained injuries unrelated to helmet use, such as broken bones or road rash, you can still pursue full compensation for those damages.
Oklahoma only requires helmets for riders under 18. Adults are not legally required to wear one, and may still have a strong case. A lawyer can help demonstrate that not wearing a helmet didn’t contribute to the other injuries you sustained.
Should I accept a settlement offer for my motorcycle accident?
It can be tempting to accept a settlement payment soon after your motorcycle accident, especially if you’re facing mounting medical bills or lost wages. However, many initial offers from insurance companies are lower than what you may deserve. Before accepting an offer, consider:
- Does the settlement cover all your current expenses?
- Do you expect to have significant accident-related expenses in the future?
- Have you accounted for non-economic damages, like pain and suffering?
- How much time off from work do you need to recover from your motorcycle crash?
- Can you return to work in the future or do you have a permanent disability?
Remember, once you accept a settlement offer, that often means you have given up your right to seek additional compensation later. Contact a lawyer who can help you carefully review the settlement terms and make sure it reflects the full value of your losses, now and in the future.
How do I know if my motorcycle accident settlement offer is fair?
A fair settlement offer should fully cover both your current and anticipated future expenses. To evaluate the fairness of your offer, consider the following:
- Medical costs: Does the settlement include the total cost of your medical treatment, including surgeries and physical therapy?
- Lost wages: Does it account for income you’ve already lost and future earning capacity if your injuries prevent you from returning to work?
- Non-economic damages: These include compensation for pain, suffering, and emotional distress caused by the accident.
If you’re unsure about the adequacy of the offer, gathering documentation like medical records, pay stubs, and repair estimates can help clarify what you’re entitled to for your Oklahoma City motorcycle accident.
Should I file a motorcycle accident lawsuit?
Sometimes, filing a lawsuit may be the best way to get the money you rightfully deserve, especially if the at-fault driver’s insurance company denies your claim or makes an unfair settlement offer. Lawsuits can help you pursue full compensation and hold the responsible party accountable. Consider filing a lawsuit if:
- Liability is contested: The other party disputes responsibility for the crash.
- The settlement offer is insufficient: If negotiations fail to result in fair compensation.
While most cases settle before reaching court, preparing for litigation can pressure the opposing party to make a reasonable offer.
Who can I sue for my motorcycle accident in Oklahoma City?
You may have the right to take legal action against multiple parties for your Oklahoma City motorcycle accident. Depending on who contributed to the crash, possible defendants could include:
- The at-fault driver: If their negligent actions, such as speeding or distracted driving, caused the accident.
- The driver’s employer: If the accident involved a commercial vehicle and the driver was working at the time.
- A government entity: If poor road maintenance, like potholes or missing signage, played a role.
- A manufacturer: If a defect in your motorcycle or the other vehicle caused or worsened the accident.
Identifying all responsible parties can help you maximize your potential compensation.
What happens if my motorcycle accident lawsuit goes to trial in Oklahoma City?
If your Oklahoma City motorcycle accident lawsuit goes to trial, the process will involve presenting evidence to a judge or jury to determine fault and damages. Key steps include:
- Jury selection: If the case is tried before a jury, members are chosen to hear the case.
- Presenting evidence: Both sides present their arguments, including witness testimony, accident reconstruction, and medical reports.
- Verdict: The judge or jury decides who is at fault and the amount of compensation you should receive.
While trials are rare, being prepared for court can increase the likelihood of a favorable settlement beforehand. In fact, it’s very common for the insurance company for the at-fault party to make a settlement offer right before a motorcycle accident case goes to trial. And many times, the settlement offer before trial is much better than the insurance company’s initial lowball settlement offer.
Why should I hire an Oklahoma City motorcycle accident lawyer?
An Oklahoma City motorcycle accident lawyer can help you navigate the complex legal process and protect your rights. They can:
- Investigate your accident: Gather evidence, such as police reports, photos, and witness statements.
- Negotiate with insurance companies: Advocate for fair compensation, ensuring you’re not pressured into accepting a low offer.
- Build a strong case: Identify liable parties and calculate the full value of your damages.
- File a lawsuit: Taking legal action often requires extensive paperwork that must be accurate and submitted on time to avoid missing critical legal deadlines.
- Represent you in court: If your Oklahoma City motorcycle accident lawsuit goes to trial, it’s critical that you have an experienced attorney handling your case and representing you in court.
When you have an experienced Oklahoma City motorcycle accident attorney on your side, you can focus on your recovery. Having a lawyer also ensures you meet all legal deadlines and procedural requirements. It can also give you peace of mind that your case is being handled by a skilled lawyer who knows what it takes to achieve the success you deserve after your Oklahoma City motorcycle crash.
Why trust us?
Our Oklahoma City motorcycle accident lawyers know the dangers motorcyclists face every day in Oklahoma's largest city. Without the protection of car frames, seat belts and airbags, motorcyclists often sustain devastating injuries that can impact them for the rest of their lives. Common injuries sustained by motorcyclists include:
- Spine injuries
- Broken bones
- Head injuries
- Road rash
- Organ damage
- Cuts, bruises and contusions
- Severed limbs
- Paralysis
- Death
Many injuries take months or even years to recover from, and many are permanent in nature. You could be out of work for an extended period, forced to undergo lengthy and expensive medical treatment. As the bills pile up, you can't count on the negligent driver's insurance company to compensate you for your losses. Instead, they often go to great lengths to reduce or deny your claim.
Insurance companies often take advantage of the biases against motorcyclists. They might claim that you were riding recklessly. They might even pin the blame on you. We know the truth. We know that most motorcyclists are responsible riders. And as your attorney, we will work tirelessly to prove you did nothing wrong.
Worried about the cost of an attorney? Worry no more. Our Oklahoma City motorcycle accident lawyers work on a contingency fee basis, which means that you won't owe us anything unless we win. Don't hesitate to contact us for a free case evaluation. You can also call our Oklahoma City office at 866-584-1027.