If you were hurt in a motorcycle accident, you may have questions about how you are going to pay your medical bills and how to make it through the painful road to recovery that lies ahead. An experienced Oklahoma City motorcycle accident attorney can help answer these questions and fight to get you the compensation you deserve.
Contact our team today. We offer free case reviews to help you understand your legal options after a motorcycle crash that wasn’t your fault.
Common Causes of Motorcycle Accidents in Oklahoma
Motorcycle accidents occur for various reasons, often beyond the rider’s control. Below are some of the most common causes of motorcycle crashes in Oklahoma:
- Other Drivers: Motorcycle crashes often occur due to the negligence or inattention of other drivers. Cars might fail to see motorcycles due to their smaller size, leading to collisions, especially during lane changes or at intersections.
- Over-Correction: Riders may over-correct their steering in response to sudden changes in the road or traffic conditions. This can cause the motorcycle to become unstable and crash, particularly at high speeds.
- Dangerous or Hazardous Surfaces: Slippery roads, potholes, uneven surfaces, or unexpected objects on the road can lead to loss of control and accidents.
- Flying Debris or Insects: Motorcyclists are vulnerable to debris or insects hitting them at high speeds. Flying debris and insects can cause distraction or injury, causing the rider to lose control of the motorcycle.
- Animals: Encounters with animals, such as deer or possums, can be a hazard. Animals darting across the road can cause motorcyclists to swerve or brake, leading to crashes.
- Pedestrians: Pedestrians stepping into the path of a motorcycle without notice can cause riders to take evasive action, potentially resulting in a collision with other vehicles or obstacles.
Common Injuries and Consequences from Motorcycle Accidents
In 2023, motorcycles made up just 3% of all vehicles on the road, but they accounted for more than 15.5% of the fatalities and 3.4% of occupant injuries suffered in vehicle accidents. In addition, motorcycle crash fatalities were nearly 24 times higher than that of cars in 2021.
Common injuries from motorcycle accidents include:
- Head and brain trauma
- Whiplash
- Spinal cord injuries
- Back and neck pain
- Leg, knee, and foot trauma
- Lacerations
- Severe bruising
- Permanent disfigurement or disability
Injuries from a motorcycle crash can severely limit your ability to lead a normal life. The short-term impact can include hospitalization, surgeries, missed work, and acute pain as you recover.
However, you may also experience long-term consequences that leave you with the following:
- Physical Consequences: You may experience long-term physical impacts like chronic pain, disability, and reduced mobility. These can impact your quality of life and affect your ability to work or engage in daily activities.
- Financial Consequences: The cost of medical care, rehabilitation, and potential loss of income due to inability to work can lead to financial strain. Long-term expenses can include ongoing medical treatments, adaptations for disabilities, and loss of earning potential.
- Emotional Consequences: Motorcycle accident injuries can lead to lasting emotional and psychological effects such as post-traumatic stress disorder (PTSD), depression, anxiety, and personality changes. The emotional toll can impact your relationships, social life, and mental well-being.
An Oklahoma City motorcycle accident attorney at the Parrish DeVaughn Law Firm can help get you the money you deserve to get your life back on track. This includes compensation for future damages like loss of earning capacity and all necessary medical expenses. We have recovered millions of dollars in favorable insurance settlements and jury awards for our clients and will fight for you to get the true value of your injury claim.
Common Defenses in Oklahoma Motorcycle Accident Cases
In Oklahoma, motorcyclists often face unfair stereotypes from many different parties, especially after crashes. Insurance companies and defense attorneys may try to paint motorcyclists as reckless or inherently risky on the road, regardless of the facts of the crash. This bias can lead to reduced settlement offers or attempts to shift blame onto the rider.
The experienced Oklahoma City motorcycle accident lawyers at Parrish DeVaughn understand these tactics and know how to build a strong, fact-based case to fight them. Your attorney can collect evidence like traffic camera footage, eyewitness testimony, and accident reconstruction reports to prove the motorcyclist was riding responsibly and deserves fair compensation.
Comparative Fault in Oklahoma
Oklahoma follows a comparative fault system, which means that more than one party can share responsibility for an accident. In motorcycle cases, this system can significantly impact your total amount of compensation.
For example:
- If you’re found to be 20% at fault for the accident, for example, your compensation will be reduced by that percentage. That means a $10,000 settlement would become an $8,000 settlement.
- If you are found to be 51% or more at fault, you cannot recover compensation under Oklahoma law. Insurance companies may try to exaggerate your share of fault to minimize their payout by claiming you were also negligent in the moments leading up to the crash. Your attorney can work to limit the fault assigned to you by gathering solid evidence, challenging questionable claims, and presenting a clear timeline of events.
What to Do if You’re Involved in a Motorcycle Accident in Oklahoma City
After a motorcycle accident in Oklahoma City, it’s important to contact law enforcement immediately. Oklahoma officers will arrive at the scene, secure the area, assist injured parties, and document the incident.
The official police report is a key piece of evidence in your injury claim, as it typically includes:
- Statements from drivers and witnesses
- The officer’s assessment of fault
- A diagram of the accident scene
Without this report, it may be difficult to prove what happened or who was responsible.
Reporting an Accident in Oklahoma
In Oklahoma, you are required to report a crash to law enforcement if it results in injury, death, or property damage over $500. In Oklahoma City, you should:
- Call 911 immediately to report the accident.
- Stay at the scene until law enforcement arrives. If you’re injured, get treatment at the scene from EMS workers or go to the hospital right away.
- Request a copy of the police report or find it later through the Oklahoma City Police Department’s Records Division.
- Be sure to review the report for accuracy, as this document will be used in your insurance claim or lawsuit.
Reporting the accident promptly and obtaining the police report helps protect your right to compensation and supports your version of events.
How Motorcycle Accident Claims Differ from Car Accident Claims in Oklahoma
Motorcycle accident claims in Oklahoma involve several legal and insurance distinctions when compared to car accidents:
- Helmet Laws: Oklahoma requires riders under age 18 to wear helmets, but adults are not legally required to do so. However, not wearing a helmet can still influence an insurance company’s assessment of your injuries and damages.
- Damages: Motorcycle accidents often result in more severe injuries, which can lead to higher medical bills, lost wages, and long-term rehabilitation needs.
- Fault Determination: Due to the bias against motorcyclists, riders may need to provide stronger evidence to prove fault compared to drivers in car accidents.
Motorcycle accident cases tend to be more complicated than car accidents because:
- Bias is More Prevalent: Insurance companies may be quicker to assume the motorcyclist was at fault.
- Higher Risk of Serious Injury: Riders lack the protection of a vehicle frame, airbags, or seatbelts, which often results in catastrophic injuries requiring detailed medical documentation and larger settlements.
- Multiple Insurance Policies: Motorcyclists often carry separate policies for their bike, and multiple parties may be involved in a claim, such as the at-fault driver’s insurance, the rider’s underinsured motorist coverage, and sometimes commercial insurance if a company vehicle was involved.
An experienced Oklahoma City motorcycle accident lawyer at Parrish DeVaughn can help you navigate these challenges, protect your rights, and fight for the full compensation you deserve.
Frequently Asked Questions About Motorcycle Accident Claims
Q: What is the average payout for a motorcycle accident?
A: That depends on the extent of the injuries the victim suffered in the motorcycle accident. Some cases result in a few thousand dollars in compensation, while others can result in millions. Because injuries in motorcycle accidents are typically more severe than in passenger vehicle crashes, the potential settlement value of these cases can be much higher.
Q: Should I get a lawyer after my motorcycle accident?
A: If you’ve been seriously injured in a motorcycle accident, a lawyer can help you maximize the compensation you receive for the damages you’ve experienced. Without an attorney, you’ll be dealing with the insurance company on your own, and they have many tactics they’ll use to offer you less than you deserve or deny your claim entirely.
When you’ve been hurt and you’re facing several injury-related expenses, don’t place your trust in the goodwill of an insurance company, which may even already be biased against you as a motorcyclist. At the very least, take advantage of a free consultation with a motorcycle accident attorney to better understand your legal options.
Q: How do I choose the right motorcycle accident attorney?
A: When searching for a motorcycle accident attorney, look for someone with experience in motorcycle-related cases. Your lawyer should have a proven history of success, including favorable settlements and verdicts in similar claims.
Read reviews and testimonials from past clients to gauge the attorney’s strengths and meet the attorney during a free consultation to assess their communication style. They should show a genuine commitment to your case, helping make you feel comfortable sharing personal information and confident in their ability to handle your claim.
We have years of experience with motorcycle accident cases at Parrish DeVaughn Injury Lawyers. Our team has won millions in total compensation for vehicle accident victims, including $75,000 for a motorcycle accident victim.
Q: How long does a motorcycle accident lawsuit take?
A: Some cases are resolved in months, though others can take over a year. It depends on several factors outside your control, such as the length of your required medical treatment and the willingness of the insurance company to negotiate. Cases that go to trial typically take longer to resolve.
Consult a motorcycle accident attorney to get a more specific estimate of how long your case might take.
Q: Who is at fault in a motorcycle accident?
A: Each accident is unique. In many cases, it’s the non-motorcyclist who causes a crash. Unfortunately, insurance companies often feel comfortable assigning blame to motorcyclists simply because of the stigma associated with bikers. That’s unfair, which is why we want to make sure our clients are treated with respect and fairness by insurers.
Q: What is comparative negligence in Oklahoma, and how can it affect my claim?
A: In personal injury cases like motorcycle accidents, your level of fault directly influences your claim. Under Oklahoma’s comparative negligence rule, Statute 23-13, the compensation you’re eligible for decreases in proportion to your fault.
For example, you’re found 40% at fault in an accident, and the other party is 60% responsible. If you win $10,000 in compensation, it would be reduced to $6,000, reflecting your 40% responsibility. However, if you are found to be more than 50% at fault, you won’t be entitled to compensation.
Our experienced lawyers can minimize your fault in an accident, helping you receive fair compensation. We can collaborate with accident reconstruction experts to strengthen the case and maximize your compensation.
Q: What happens if I reject the settlement offer?
A: If you reject a settlement for your motorcycle accident, the offer is taken off the table. However, that’s not necessarily a bad thing. Insurance companies typically offer far less than an injured person deserves, hoping they’ll accept it without asking questions. Your lawyer will work with you to build a strong case on your behalf so you can be confident in demanding a fair amount for your crash.
Q: What happens if I accept a settlement offer?
A: Once you accept an insurance company’s offer, you won’t be able to get any more compensation from the insurer, even if your settlement runs out before your medical bills do. The truth is that an injured person will have no way of knowing how much their expenses will be until they know the full extent of their medical requirements.
The initial offer from an insurance company might be tempting for someone who doesn’t know the full value of their claim, which is why insurance companies will make an offer soon after a crash. Before you accept anything, talk to a motorcycle accident attorney who has your best interests in mind.
How Our Motorcycle Accident Lawyers Can Help
At Parrish DeVaughn Injury Lawyers, we strive to offer our clients a stress-free experience so they can focus on their health and recovery. When you hire our motorcycle accident lawyers, we will:
- Deal with adjusters, medical providers, and insurance companies on your behalf
- Handle paperwork, consult expert witnesses, gather evidence, and build your claim
- Keep you updated on the progress of your claim and answer any questions you have
- Fight to get you the maximum compensation you deserve for your injuries
These are just a few things that set us apart from other law firms, but more than anything, we prioritize treating each of our clients like they’re family. It’s our goal to provide clients with the best experience possible and make one of the most challenging periods of their lives manageable.
Have You Been Hurt in a Motorcycle Accident in Oklahoma City?
The first step is to seek medical attention for your injuries. After that, contact a personal injury lawyer. You may be entitled to financial compensation. Parrish DeVaughn Injury Lawyers, with offices in Oklahoma City, Edmond, and Tulsa, boasts a team of skilled motorcycle accident attorneys who handle accident claims across the Oklahoma City region.
Contact us today for a free initial consultation. There is no risk or obligation, and you don’t pay a dime unless we get money for you!
