Oklahoma City Bicycle Accident Injury Lawyer
Getting on your bicycle can be good exercise, but it also requires caution, especially in areas where there are no dedicated bicycle lanes. Accidents can result when cars and other vehicles fail to see smaller bicycles, especially when they are driving too aggressively. Some drivers in Oklahoma just flatly do not like sharing the road with bicycle riders and choose to ignore the law on leaving a safe distance between their car and the bicycle as they pass the biker. Oklahoma law defines a “safe distance,” as a minimum of three feet to safely pass a bicycle rider.
If you sustained injuries in a bicycle accident in Oklahoma, you may benefit from legal help, such as that provided by an Oklahoma City bicycle accident attorney. An Oklahoma City lawyer has experience with bicycle accidents and can offer you relevant legal information and advice. If you wish to file a legal claim, a skilled lawyer can also provide the right kinds of resources to give you the best chance at a favorable outcome.
Damages Caused by Bicycle Accidents
Accidents involving bicycles can result in various types of damage. A non-exhaustive list of such damage includes:
- Property damage to your bicycle
- Bodily injuries
- Expenses for doctors or other medical care
- Pain and suffering as the result of the accident
Certain types of damage, such as pain and suffering, are classified as non-economic damage. Non-economic damage can be more subjective than other types of damage, such as property damage. Surprisingly, Oklahoma places a cap on non-economic damages of $350,000, according to Oklahoma Statutes Title 23, Section 61.2. This means that our legislature has valued the pain and suffering of someone that is in a wheelchair for the rest of their life, through no fault of their own, at a maximum of $350,000.
Important Time Restrictions in Oklahoma City
Additionally, those considering filing a legal claim for a bicycle accident should be aware of the applicable statute of limitations. In Oklahoma, under Title 12, Section 95, individuals have two years to file a civil lawsuit for actions relating to personal injury or property damage.
Given the relatively short statute of limitations, anyone who wishes to sue for damages as the result of a bicycle accident should seek legal assistance to make sure time does not expire. An Oklahoma City bicycle accident attorney can help file a claim before the statute of limitations runs out.
How Negligence Affects a Case
Bicycle accidents can result in legal claims based on a theory of negligence. Negligence is a fact-specific claim in which the plaintiff must generally prove:
The defendant owed the plaintiff a duty of care and subsequently breached that duty
The defendant’s breach resulted in damage to the plaintiff
If an individual suffered an injury due to another in a bicycle accident, they may be able to assert that the other person owed them a duty to drive carefully and subsequently breached that duty by driving recklessly. Oklahoma City bicycle accident attorneys can help people decipher these legal theories.
Even if someone thinks they are partially at fault for their accident they may still recover damages under the contributory negligence statute in Oklahoma. Title 23, Section 13 mandates that any individual who is 50 percent or more at fault for the accident is completely barred from collecting any compensation. If a person is less than 50 percent at fault, their damage award will be reduced by the same percentage, according to Title 23, Section 14.
An Oklahoma City Bicycle Accident Attorney Can Provide Legal Help
Various types of damage can result from bicycle accidents, including bodily injuries and property damage. If you are wondering whether you can collect compensation to pay for such damage, contact a legal professional.
An Oklahoma City bicycle accident attorney can advise you of whether you have a feasible legal case. They can also help you move forward on legal claims to give you the best chance at success.
Do not wonder whether you can recover compensation from your bicycle accident. An Oklahoma City bicycle accident lawyer can work with you to find an answer.