A Tulsa motorcycle accident lawyer investigates the crash, deals with the insurance company, and pursues compensation for medical bills, lost income, and pain and suffering on behalf of an injured rider. Oklahoma generally requires a motorcycle injury lawsuit to be filed within two years of the crash under 12 O.S. § 95(A)(3).
Why Tulsa Motorcycle Crashes Happen
Riders have little more than a helmet and riding gear between them and the pavement, so even a low-speed crash can cause serious injury. A driver who simply does not see a motorcycle, misjudges its speed, or turns left in front of one is behind a large share of the crashes we handle.
Tulsa’s own traffic mix adds real risk for riders. I-44 through downtown, the Broken Arrow Expressway (State Highway 51), US-75, and US-169 (the Mingo Valley Expressway) all carry heavy merging traffic where a driver changing lanes may never check a mirror for a motorcycle. Surface streets bring their own hazards, since potholes, loose gravel, and uneven pavement are far more dangerous to a rider on two wheels than to someone inside a car or truck.
- A driver turning left in front of an oncoming rider, one of the most common causes of a serious motorcycle crash.
- A driver changing lanes without checking a blind spot for a motorcycle.
- Distracted, impaired, or aggressive driving.
- Dangerous road conditions such as potholes, gravel, or debris.
Federal research on what actually reduces motorcycle crashes and the state’s own motorcycle safety data both point to the same pattern: driver behavior, not the rider, causes most of these wrecks.
Injuries a Tulsa Rider Often Faces
Without a frame or airbags to absorb the impact, a motorcycle crash often causes road rash, broken bones, and joint damage that a car accident would not. More severe wrecks can cause traumatic brain injury or spinal cord injury that changes how a person works and lives long after the crash. CDC research on how a helmet reduces head-injury risk is one reason we ask every client about their gear, not to assign blame, but to understand the full medical picture. These injuries typically mean high medical bills, extended time off work, and in serious cases a reduced ability to earn a living going forward.
Compensation You May Recover
A successful claim can cover medical bills and future care, lost income and reduced earning capacity, damage to your motorcycle and gear, and pain and suffering. See what similar motorcycle injury claims have settled for, though every case ultimately depends on its own facts and injuries.
Oklahoma Motorcycle Laws That Affect Your Claim
A few rules under Oklahoma law shape almost every motorcycle injury claim we handle, covering helmet use, shared fault, minimum insurance, and how long you have to sue.
Helmet Requirements
Oklahoma law only requires a crash helmet for a rider under eighteen years old, under 47 O.S. § 12-609. An adult rider is not legally required to wear one, and choosing not to does not bar your right to recover, though an insurer may still try to use it against you. See how a missing helmet can affect a Tulsa rider’s claim.
Fault and Comparative Negligence
Oklahoma follows a modified comparative negligence rule under 23 O.S. § 13: you can still recover compensation even if you were partly at fault, as long as your share of fault is not greater than the combined fault of the driver or drivers you are suing. Your award is then reduced by your own percentage of fault. See how Oklahoma’s fault-sharing rule affects a Tulsa rider’s recovery.
Minimum Insurance and Uninsured Drivers
Oklahoma requires drivers to carry liability insurance meeting the state’s minimum limits, currently $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage on policies issued or renewed on or after April 1, 2005, under 47 O.S. § 7-103(2)(b). Because those minimums rarely cover a serious motorcycle injury’s real cost, Oklahoma law also requires every auto policy issued in the state to include uninsured and underinsured motorist coverage under 36 O.S. § 3636. See why a rider’s own UM/UIM policy matters after a Tulsa crash.
Deadline to File a Claim
You generally have two years from the crash date to file a personal injury lawsuit under Oklahoma’s statute of limitations (12 O.S. § 95, linked above). Miss that window and a court will typically dismiss even a strong claim, so it pays to talk with a lawyer well before the deadline while evidence and witness memories are still fresh.
What to Do After a Tulsa Motorcycle Crash
- Get medical care right away, even if you feel fine at the scene.
- Report the crash. Oklahoma law requires a driver to immediately notify local police, the county sheriff, or the State Highway Patrol after a crash causing injury or death, under 47 O.S. § 10-107.
- Preserve your riding gear, photograph the scene and any damage, and get contact information from witnesses.
- Talk to a lawyer before giving a recorded statement to any insurance adjuster.
Where Tulsa Motorcycle Claims Are Filed
Tulsa is the county seat of Tulsa County, and most motorcycle injury lawsuits arising from a Tulsa-area crash are filed in Tulsa County District Court. Some cases, a product liability claim against a motorcycle or parts manufacturer, for example, may instead be heard in Tulsa’s federal district court, the U.S. District Court for the Northern District of Oklahoma.
How Insurance Companies Treat Motorcycle Claims
Some insurance adjusters assume a rider is automatically more at fault simply for being on a motorcycle, dispute how serious an injury really is, or open with a low settlement offer hoping you accept it before you know your full medical costs. We push back on all three with police reports, medical records, and when needed, expert testimony that shows what actually happened and what your claim is really worth.
Frequently Asked Questions
Do I have to wear a helmet in Oklahoma?
No, not if you are eighteen or older. Oklahoma’s helmet law (47 O.S. § 12-609, linked above) only applies to riders under eighteen. Not wearing one does not automatically bar your claim, though it can come up if the insurer argues it affected your injuries.
What if I was partly at fault for the crash?
You can still recover compensation as long as your share of fault is not greater than the other driver’s, under Oklahoma’s comparative negligence rule (23 O.S. § 13, linked above). Your award is simply reduced by your percentage of fault.
What if the other driver has no insurance or left the scene?
Oklahoma law requires every auto policy to include uninsured and underinsured motorist coverage (36 O.S. § 3636, linked above), which can step in when the at-fault driver cannot pay or cannot be found.
How long do I have to file a claim?
Generally two years from the date of the crash (12 O.S. § 95, linked above). Waiting past that deadline usually means losing the right to sue no matter how strong the claim is.
Contact a Tulsa Motorcycle Accident Lawyer
Hasbrook & Hasbrook represents riders across Tulsa after a motorcycle crash, and reviewing what happened costs nothing. We can also help with the broader personal injury claims our Tulsa team handles, and our statewide motorcycle injury practice based in Oklahoma City brings the same approach to riders anywhere in the state. Call Hasbrook & Hasbrook at (405) 605-2426 or schedule a free consultation about your Tulsa crash.
