Motorcycle Accident Attorneys in Tulsa, Oklahoma
Motorcycle accidents can happen to anyone, no matter how experienced or cautious they are on the road. Motorcyclists are more vulnerable to accidents because they have less protection compared to car occupants.
If you are involved in a motorcycle accident in Tulsa or other parts of Oklahoma, you need an experienced and skilled attorney to help you get the compensation you deserve. Our motorcycle accident attorneys at Law Offices of Jeff Martin represent injured victims and family members of those incapacitated or killed in motorcycle crashes in Tulsa, Oklahoma, and throughout Eastern Oklahoma, including Bartlesville, Muskogee, and McAlester. If you have been in an accident, reach out today to schedule a meeting.
Steps to Take If You Were in a Motorcycle Accident
Below are some of the most important steps to take immediately after a motorcycle accident to ensure that you are protected and properly taken care of.
Seek medical help. The first and most important step after a motorcycle accident is to seek medical help. Even if you don’t feel hurt, it’s better to be safe than sorry. Adrenaline and shock can often mask the severity of injuries, so it’s critical to get checked out by a medical professional as soon as possible.
Call the police. You may also need to call the police while at the scene of your accident. Even if the other driver is cooperative and admits fault, it’s important to have an official police report filed. This report will be useful later in the claims process and can help your case if the other driver changes their story.
Get the insurance and vehicle information of the other driver. Make sure to exchange insurance and vehicle information with the other driver involved in the accident. This includes their name, contact information, insurance policy number, and license plate number. If the driver is not the owner of the vehicle, make sure to get the owner’s information as well.
Take photos at the scene. Take photos of the accident scene, including both vehicles and any damages or injuries. Make sure to take multiple angles to fully document the scene, and get close-up photos of any damage to your motorcycle or injuries you sustained.
Talk to witnesses. If there were any witnesses to the accident, make sure to talk to them and get their contact information. Witness statements can be incredibly helpful if there is a dispute over who was at fault for the accident.
Hire an attorney. Finally, you might want to consider hiring an experienced attorney who can guide you through the claims process and help protect your rights. The aftermath of a motorcycle accident can be incredibly stressful and confusing, so having someone on your side who knows the ins and outs of the legal system can make a huge difference.
By taking these steps, you are improving the likelihood that you receive the compensation and support that you deserve.
Oklahoma Motorcycle Laws
When you are involved in a motorcycle accident in Tulsa or other parts of Oklahoma, you need to understand the state laws that might affect your claim:
Carrying passengers. Motorcyclists younger than 16 are not allowed to carry passengers. Besides, motorcycles must have wheels 12 inches in diameter or greater and be equipped with either a double-seating device and footrests for the passenger or an attached sidecar.
Equipment. Oklahoma law requires all motorcycles to have two rear-view mirrors at least three inches in diameter. Motorcyclists are also required to wear goggles or face shields if their bike is not equipped with windshields.
Helmet. Unlike some other states, which require all motorcyclists to wear helmets, Oklahoma requires wearing a helmet only if you are under 18 years of age.
Lane splitting. Like most other states, Oklahoma makes it illegal to ride a bike between two lanes of traffic, the practice known as “lane splitting.”
Your compliance with the above-mentioned Oklahoma motorcycle laws could potentially affect the determination of fault and your ability to seek compensation following a motorcycle crash.
Determining Fault in Oklahoma
While motorcycle accidents can be the result of factors beyond anyone’s control, oftentimes, they can be attributed to a driver’s negligence. When a motorcycle accident occurs, it is important to determine who is at fault.
Proving Negligence After a Motorcycle Accident in Oklahoma
Proving negligence after a motorcycle accident in Oklahoma requires evidence that the other driver was at fault. This can be established by showing that the other driver violated traffic laws or acted in a manner that was unsafe.
Example. If the other driver was speeding or driving under the influence of drugs or alcohol, they could be held responsible for the accident. It is important to gather all possible evidence, including witness statements, photographs, and police reports.
Oklahoma’s Comparative Negligence Rule
Oklahoma follows the comparative negligence rule, which means that both parties involved in an accident can be found partially responsible for the accident. If the motorcycle rider is found to be partly to blame, any damages awarded will be reduced by their percentage of fault.
Example. If a motorcycle rider is found to be 20% at fault for an accident, they will receive 80% of the damages awarded. It is important to note that if the rider is found to be more than 50% at fault, they will not be eligible for damages.
Filing a Claim for a Loved One
If a loved one is incapacitated after a motorcycle accident, they may be unable to file a personal injury claim on their own behalf. In this situation, a family member or legal representative may be able to file a claim on their behalf. This can help the victim receive compensation for any medical expenses, lost wages, and other damages they may have suffered.
If a loved one has been killed in a motorcycle accident, their family members may be able to file a wrongful death claim. This can help them receive compensation for any medical expenses, funeral costs, and other damages they may have suffered.
However, under Oklahoma law, only the personal representative of the deceased person’s estate has the right to file a wrongful death lawsuit. It is important to act quickly when suing for wrongful death, as there are time limitations for doing so.
Our skilled and results-driven motorcycle accident attorneys at Law Offices of Jeff Martin are ready to assist you regardless of whether you are filing a personal injury claim for yourself or on behalf of your loved one or pursuing a wrongful death lawsuit because your loved one was killed.
Motorcycle Accident Attorneys Serving
Hiring a motorcycle accident attorney in Tulsa, Oklahoma, is crucial when you are involved in an accident while riding a motorcycle. Our attorneys at Law Offices of Jeff Martin can investigate the accident, evaluate damages, negotiate with insurance companies, represent you in court, and advise you throughout the legal process. We do not get paid unless we win. Get in touch today to put us on your side.