In Oklahoma, you can still recover compensation after a motorcycle accident even if you were partly at fault, as long as your share of fault was not greater than the other driver’s, under the state’s comparative negligence law (23 O.S. § 13). A Midwest City motorcycle accident attorney can pursue compensation for medical bills, lost income, and pain and suffering.
Motorcycle Accidents Near Midwest City, Oklahoma
Riding a motorcycle offers a view of the road you do not get from inside a car, but it also leaves a rider with far less protection when a crash happens. Midwest City sits next to Tinker Air Force Base, one of the state’s largest employers, and the daily commuter traffic through the area adds to the risk motorcyclists already face on Oklahoma roads. When a careless or distracted driver causes a wreck, a Midwest City motorcycle accident attorney can help you pursue the compensation Oklahoma law allows.
Motorcycles are smaller and less visible to other drivers than cars and trucks, and the lack of an enclosed frame leaves riders more exposed to road hazards and severe weather.
Common Causes of Motorcycle Accidents
Motorcycle accidents happen for many of the same reasons other Oklahoma crashes do, though the consequences for the rider are usually more severe. Common causes include:
- Speeding
- A driver impaired by alcohol or another substance
- Unsafe or poorly executed lane changes
- A driver failing to yield or give a motorcyclist room to turn
- A driver drifting into a motorcycle’s lane without noticing the rider
The National Highway Traffic Safety Administration tracks motorcyclist crash data nationwide, and the Oklahoma Highway Safety Office compiles similar figures for Oklahoma. Because motorcycles are smaller and less visible than passenger vehicles, even a driver who is briefly inattentive can cause a serious wreck.
Proving Fault After a Midwest City Motorcycle Crash
Winning a motorcycle accident claim means showing that another driver’s negligence caused the wreck. That typically requires reviewing the police report and physical evidence, interviewing witnesses, and sometimes consulting an accident reconstruction expert. An attorney also has to connect that negligence directly to the injuries and damages you are claiming.
Even if you were partly responsible for the crash, Oklahoma’s comparative negligence law still allows you to recover compensation as long as your share of fault is not greater than the other driver’s. This matters most when more than one driver contributed to causing the wreck, since an attorney can help identify every party who shares the blame.
Compensation Available After a Motorcycle Accident
Because motorcyclists have so little protection compared to someone riding in a car or truck, injuries from these crashes tend to be more severe. Depending on the severity of the wreck, compensation may cover:
- Past and future medical expenses
- Lost past and future wages
- Pain and suffering
- Decreased quality of life
- Mental anguish
More severe cases may also involve costs for home modifications, in-home care, or long-term rehabilitation. If a crash proves fatal, Oklahoma law allows certain family members to pursue a claim for a fatal motorcycle crash on behalf of the person who died.
Do Oklahoma Motorcyclists Have to Wear a Helmet?
Oklahoma law only requires a crash helmet for riders under eighteen years old (47 O.S. § 12-609). Adult riders are not legally required to wear one. Not wearing a helmet does not automatically bar an adult rider from recovering compensation, though an insurance company may still try to use it against you. If you were not wearing a helmet when you were hurt, it is worth talking to an attorney before assuming your claim is weaker.
How Long Do You Have to File a Claim in Oklahoma?
Oklahoma generally gives you two years from the date of the crash to file a personal injury lawsuit (12 O.S. § 95). Missing that deadline usually means losing the right to sue, no matter how strong the underlying claim is. Because insurance companies often deny or undervalue motorcycle claims, and evidence and witness memories fade quickly, it is best to start working with an attorney well before that deadline arrives.
Dealing With the Insurance Company
The at-fault driver’s insurance company is not on your side, even when an adjuster sounds friendly. The Oklahoma Insurance Department publishes guidance on how auto insurance claims are supposed to work and where claimants commonly run into trouble. An attorney can communicate with the insurer on your behalf so you are not pressured into an early settlement that does not cover your actual losses.
Talk to a Midwest City Motorcycle Accident Attorney
If you were hurt in a motorcycle accident, Hasbrook & Hasbrook can review what happened and explain your options for pursuing compensation. Our motorcycle accident attorney in Oklahoma City team also represents riders across the wider metro area, not just Midwest City. Call (405) 605-2426 or talk to our team about your case today for a free consultation.
