Have you just been in a bike accident in Moore? Feeling overwhelmed and unsure of where to start? Contact our Moore bicycle accident lawyer today. We understand what you’re going through and offer FREE consultations 24 hours a day, seven days a week. Call us at (405) 605-2426 to get started.
- Bicycle Accident Liability in Moore, OK
- Steps to Take Immediately After a Bicycle Accident
- How Hasbrook Law Can Aid Your Claim
- What to Expect in the Legal Process of a Bicycle Accident Claim
- What should I do if the driver who hit me fled the scene of the bicycle accident?
- Can I still file a claim if I was partially at fault for my bicycle accident in Moore, OK?
- Moore Bicycle City-Specific Requirements
- How long do I have to file a bicycle accident lawsuit in Oklahoma?
Bicycle Accident Liability in Moore, OK
Understanding negligence is the first step in determining liability. Negligence means not being careful enough in a way that causes someone else harm. Just like you wouldn’t run across a busy street without looking, you shouldn’t do anything else that could hurt someone if you could reasonably avoid it. This legal principle is the cornerstone of personal injury claims, and the four elements are:
- Duty: Imagine two cars driving down the street. Both drivers have a duty to each other and other road users to drive safely and follow traffic rules. This duty is like an invisible contract we all agree to – to act responsibly and avoid causing harm.
- Breach: Now, let’s say one driver runs a red light and crashes into another car. This is a breach of their duty. They broke the “safe driving” contract by acting carelessly and putting others at risk.
- Causation: A direct link between the breach of duty and the resulting injuries.
- Damages: The actual losses incurred due to the accident.
Motorists have specific duties towards cyclists, such as maintaining a safe distance (the “3 foot rule”) when passing and yielding the right of way when appropriate. Unfortunately, breaches of these duties occur all too often, leading to accidents. Common breaches include distracted driving, speeding, or failing to yield at intersections.
- Oklahoma’s comparative negligence rule may also come into play, potentially reducing the compensation if the cyclist is found to share a portion of the blame for the accident.
Act promptly is vital; Oklahoma sets a statute of limitations for filing a bicycle accident claim. Understanding these legal nuances can be complex, so many turn to a Moore Personal Injury Lawyer for guidance.
Steps to Take Immediately After a Bicycle Accident
The moments following a bicycle accident can be disorienting and chaotic. However, the actions you take immediately can significantly impact the outcome of any subsequent legal claims or insurance settlements.
Call Law Enforcement at 911
A police report is an official incident record and can be crucial when filing an insurance claim or if legal action is necessary. Officers will document the scene and collect statements from everyone involved, which can help establish the facts later. If it is a non-injury accident call the Moore Police Department at
Seek Medical Attention
Even if you feel fine, it’s important to seek medical attention as soon as possible. Some injuries, like whiplash or concussions, may not present symptoms immediately. A medical professional can provide a thorough examination and document any injuries, which is essential for your health and any potential compensation claims.
Document the Scene
- Take Photos: Capture images of the accident scene, including street layouts, traffic signs, the positions of the vehicles, and any visible injuries.
- Gather Witness Information: If there were witnesses, collect their contact details. Their accounts could provide valuable perspectives on the accident.
Exchange Information but Don’t Admit Fault
Exchange names, addresses, phone numbers, insurance information, and vehicle details with the involved motorist. However, avoid discussing the accident details or admitting fault, as these statements could be used against you later.
Record Accident-Related Expenses
Keep a detailed record of all expenses related to the accident, such as:
- Medical bills and treatment receipts
- Costs for bicycle repairs or replacement
- Lost wages if you’re unable to work due to your injuries
Consult a Moore Bicycle Accident Lawyer
Finally, consider consulting with a bicycle accident lawyer. We can offer legal advice tailored to your situation and help protect your rights. We can assist in navigating the complexities of insurance claims and ensure you receive fair compensation for your losses.
How Hasbrook Law Can Aid Your Claim
Investigating the Accident and Gathering Evidence
A thorough investigation lays the foundation for a strong claim. Your lawyer will:
- Collect and review police and accident reports
- Interview witnesses and record their statements
- Analyze traffic camera footage, if available
- Consult with accident reconstruction experts
- Preserve evidence like your damaged bicycle and helmet
Identifying Potential Sources of Compensation
A seasoned lawyer will explore all avenues for compensation, which may include:
- The at-fault party’s insurance coverage
- Your own insurance policies, such as uninsured motorist coverage
- Third-party liability, if factors like defective road design contributed to the accident
Negotiating with Insurance Companies
Dealing with insurers can be daunting. Your lawyer will:
- Handle all communication with insurance adjusters
- Present a well-documented claim that details your injuries and losses
- Counter lowball offers and negotiate for a settlement that reflects the true value of your claim
Proving Liability and the Full Extent of Damages
Establishing fault is critical. Your lawyer will:
- Demonstrate how the other party’s negligence caused the accident
- Use medical records and expert testimony to show the extent of your injuries
- Calculate both current and future losses, including medical expenses, lost wages, and pain and suffering
Contingency Fee Basis for Legal Services
You won’t have to worry about upfront legal fees because:
- Personal injury lawyers work on a contingency fee basis
- Fees are only collected if you win your case
- This arrangement aligns your lawyer’s interests with your own, motivating us to secure the best possible outcome
Preparing for Trial
If settlement talks stall, your lawyer is prepared to go to court:
- They will file a lawsuit and manage all pre-trial procedures
- Engage in the discovery process, exchanging information with the defense
- Prepare you for deposition and trial testimony
- Develop a compelling case strategy and present it effectively in court
By enlisting the help of a Moore bicycle accident lawyer, you arm yourself with a knowledgeable ally who can guide you through each step of your claim. Their expertise not only enhances your chances of a favorable outcome but also allows you to focus on recovery, knowing your legal affairs are in capable hands. If you’re dealing with the consequences of a bicycle accident, reach out to a lawyer who can assess your situation and provide the support you need to move forward.
What to Expect in the Legal Process of a Bicycle Accident Claim
Navigating the legal aftermath of a bicycle accident can be a complex journey. Understanding what lies ahead can help you prepare for the steps involved in pursuing a claim. Here’s a detailed look at what the process typically entails.
Initial Consultation with a Bicycle Accident Lawyer
The first step is meeting with a lawyer who specializes in bicycle accidents. During this initial consultation, you can expect to:
- Discuss the details of your accident
- Review any evidence you have gathered, such as photos or witness information
- Receive an assessment of your case’s potential
- Learn about the legal process and what your role will be
- Discuss the lawyer’s fees, typically on a contingency basis
Filing an Insurance Claim
After establishing representation, the next step is filing a claim with the insurance company. This process includes:
- Submitting a detailed account of the accident and your injuries
- Providing documentation, like medical records and repair estimates
- Anticipating the insurer’s response, which may include requests for additional information or a settlement offer
Potential Pushback from Insurance Companies
It’s not uncommon to encounter challenges from insurance companies, such as:
- Delays in processing your claim
- Denials based on policy interpretations
- Lowball settlement offers
- Requests for recorded statements or medical examinations by their doctors
The Discovery Phase
Should your claim proceed to litigation, the discovery phase is where both sides gather evidence. This involves:
- Exchanging documents related to the accident and injuries
- Taking depositions from witnesses, experts, and involved parties
- Issuing subpoenas for information that the other side may not voluntarily provide
Mediation or Arbitration
Before a case goes to trial, there might be an opportunity for mediation or arbitration, which are:
- Negotiation sessions facilitated by a neutral third party (mediation)
- Binding or non-binding arbitration, where an arbitrator hears the case and makes a decision
- Often quicker and less costly than a full trial
The Trial Process
If your case goes to trial, you should be prepared for:
- Jury selection, where attorneys choose the panel of jurors
- Opening statements from both sides outlining their case
- Presentation of evidence, including witness testimony and expert analysis
- Closing arguments summarizing the key points of the case
Post-Trial Motions and Appeals
Even after a verdict, the legal process might not be over. Be ready for:
- Post-trial motions that could challenge the verdict or seek to alter the judgment
- The possibility of an appeal by the losing party, which can prolong the final resolution
Throughout each stage, your bicycle accident lawyer will provide guidance and representation, working to secure the compensation you need to recover from your injuries. With their support, you can focus on healing while they handle the legal complexities of your claim.
What should I do if the driver who hit me fled the scene of the bicycle accident?
If you are involved in a hit-and-run bicycle accident, try to remember as much as you can about the vehicle and driver. Look for witnesses who might have relevant information or may have captured the incident on their phones or dashcams. Immediately call the police to report the accident and provide them with all the details you have. Seek medical attention even if you don’t think you are seriously injured, as some injuries may not be immediately apparent. Contact your insurance company to report the incident, and consider reaching out to a personal injury lawyer who can advise you on the next steps, such as how to make a claim through your own uninsured motorist coverage if the driver is not identified.
Can I still file a claim if I was partially at fault for my bicycle accident in Moore, OK?
Yes, you can still file a claim even if you were partially at fault for the bicycle accident. Oklahoma follows a comparative negligence rule, which means that your compensation may be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% at fault for the accident and the total damages are $100,000, you would be eligible to receive $80,000. It’s important to consult with a personal injury lawyer to understand how comparative negligence might affect your claim and to ensure that fault is fairly assigned in your case.
Moore Bicycle City-Specific Requirements
These citations generally only come up if the insurance company places some blame for the wreck on the bicycle rider. So, you may want to be familiar with:
Sec 15-1601 – Effects Of Regulations, Parent’s Duty: Parents or guardians are responsible for ensuring their children do not violate bicycle regulations. These rules apply to bicycles on highways or dedicated bike paths, with some exceptions.
Sec 15-1602 – Applicability Of Traffic Laws: Bicyclists on roadways have the same rights and duties as vehicle drivers, except where specific bike regulations or impractical laws apply.
Sec 15-1603 – Obedience To Traffic-Control Devices: Bicyclists must follow traffic signals and signs. They may cautiously proceed through stop signs and red lights after slowing or stopping if no immediate hazard is present and may turn right on red after slowing down.
Sec 15-1604 – Manner Of Riding Bicycle: Riders must sit astride a regular seat, and bicycles can’t carry more people than they are designed for.
Sec 15-1605 – Riding On Roads And Bicycle Paths: Bicyclists should ride close to the right-hand curb unless overtaking, turning left, avoiding hazards, or riding in a right-turn lane. Riding more than two abreast is prohibited if it impedes traffic flow.
Sec 15-1606 – Speed Restrictions: Bicyclists must not ride faster than is safe for the conditions.
Sec 15-1607 – Carrying Articles: Riders cannot carry anything that requires using both hands to handle the bike.
Sec 15-1608 – Parking: Bicycles must be parked without obstructing pedestrian traffic.
Sec 15-1609 – Riding On Sidewalk Prohibited: Riding on sidewalks in business districts is forbidden. Riders must yield to pedestrians and follow signs prohibiting bicycle use on sidewalks or roads.
Sec 15-1610 – Lights And Brakes: Bicycles must have a front white light, rear red light, rear red reflector, and side reflectors visible from specific distances. Bicycles also need brakes to stop the bike within 25 feet at ten mph.
Sec 15-1611 – Rider Not To Cling To Other Vehicle: Bicyclists are prohibited from attaching themselves or their bike to another vehicle on the roadway.
Sec 15-1612 – Emerging From Alley, Driveway Or Building: Bicyclists emerging from alleys, driveways, or buildings must yield to pedestrians and vehicles.
Sec 15-1613 – Dealers To Report: Bicycle dealers must report all transactions to the police, including details of the bicycles and parties involved.
Sec 15-1614 – Penalty: Violations of these provisions are subject to penalties outlined in Section 1-108 (a fine not exceeding $500 and/or 30 days’ imprisonment).
How long do I have to file a bicycle accident lawsuit in Oklahoma?
The statute of limitations for filing a personal injury lawsuit, including those arising from bicycle accidents, is generally two years from the date of the accident. This means you must file your lawsuit within two years or you may be barred from pursuing compensation for your injuries.