Oklahoma City Motorcycle Accident Lawyer
If you own and operate a motorcycle, chances are you have had your share of close calls on the road. The Oklahoma Highway Safety Office recorded almost 1,500 motorcycle crashes in 2016. If you ever do suffer an injury in a motorcycle accident, though, make sure you first seek medical assistance. Afterward, consider contacting a qualified legal professional to explore the possibility of obtaining compensation for your injuries.
If you were involved in such a crash, filing a lawsuit could help you recover the damages you deserve. Even if you are not sure whether you want to file a lawsuit, an Oklahoma City motorcycle accident lawyer could review your potential case and help you understand your options.
Limitations on Filing a Claim for a Motorcycle Accident
Individuals who sustain damages in motorcycle accidents, economic or otherwise, could file a civil lawsuit to receive potential compensation. Damages are generally divided into economic damages and non-economic damages.
It should be noted that Oklahoma has a maximum cap on the amount of possible non-economic damages a person can collect. Specifically, Oklahoma Statutes §23-61.2 limits the number of such damages to $350,000, even if the wreck caused catastrophic injuries. An Oklahoma City motorcycle accident attorney could provide valuable advice on whether certain types of damages are applicable or advisable in specific cases.
Those who wish to file a lawsuit based on a motorcycle accident must do so within two years of the incident, according to Oklahoma law. This statute of limitations applies to all suits pursuing compensation for personal injury or property damage, including motorcycle accidents.
Negligence Law in Oklahoma City
Another reason for potential motorcycle accident plaintiffs to consult an attorney could be to decide what claims are appropriate in their lawsuit. Many civil suits for motorcycle accidents often include a claim of negligence. Proving negligence generally requires proving the following:
- The defendant owed a duty of care to the plaintiff
- The defendant breached that duty of care
- The defendant’s breach directly resulted in quantifiable damage to the plaintiff
Additionally, any potential recovery in Oklahoma may be reduced if the plaintiff had any role in causing their injuries. Under Oklahoma Statutes §24-14, any such reduction would be proportional. For example, if a jury finds that the plaintiff was 30 percent responsible for an accident, then any damage award they collect would be reduced by 30 percent.
However, if the plaintiff was 50 percent or more at fault for the accident, Oklahoma law completely bars them from recovering any damages.
Consult an Oklahoma City Motorcycle Accident Attorney Now
Motorcycle accidents can be much more serious than the average car accident. Because of the lack of protection a motorcycle provides, it is not uncommon for motorcyclists to sustain life-threatening injuries. Often, these injuries may result in expensive medical bills and lost wages from having to take time away from work.
An Oklahoma City motorcycle accident lawyer could look at the facts of your accident and make recommendations on the best course of action. They could also guide you through any legal questions or concerns you may have. Call today to seek qualified legal assistance for your case.