You may have some questions after being in a motorcycle accident in Oklahoma City. How do you receive justice after your accident? What can result from filing a case in civil court?
But one of the most common questions we receive when helping motorcycle accident victims is what damages a victim is eligible to receive.
So, in this guide, we’ll examine the nuts and bolts of receiving damages in a motorcycle accident. We’ll thoroughly discuss what situations could impact your finances and the types of expenses you could claim from your incident.
If you have additional questions that are not addressed by the content of our blog, we’d be more than happy to answer them. Call us at (405) 397-1717 to speak to a qualified and compassionate Oklahoma City motorcycle accident attorney today.
What Are The Factors Influencing a Motorcycle Accident Settlement or Jury Verdict?
When understanding why some motorcycle accidents yield more financial damages than others, it’s important to consider the circumstances surrounding your case.
Whether your case goes to trial or works through settlement proceedings, it’s important to understand what could affect what you receive.
Liability
A determination of liability can affect what damages are awarded. In Oklahoma, this is determined through the doctrine of modified comparative negligence found under 23 OK Stat § 13. Modified comparative negligence dictates that an individual cannot recover damages in an accident if they are more than 50 percent responsible.
Even if an individual is still not overall responsible for the accident, their damages will be reduced by the percentages they are at fault for. So, for example, if a rider is found 20% liable for the accident, their total damages will be reduced by 20%.
Severity of Victim’s Injuries
The severity of an individual’s injuries can also affect what they receive in a settlement or as the result of a jury verdict. A good rule of thumb is that the more severe a victim’s injuries, the more likely they will recover more in damages.
Insurance
The type of insurance held by the victim and the defendant in a motorcycle accident affects the damages paid to the victim. The victim’s insurance, such as Personal Injury Protection (PIP) or Uninsured/Underinsured Motorist (UM/UIM) coverage, can provide immediate coverage for medical expenses and damages if the perpetrator lacks sufficient insurance.
The defendant’s liability insurance covers the victim’s medical costs, lost wages, and property damage up to the policy limits. If the perpetrator’s insurance is insufficient, the victim’s UM/UIM coverage may compensate for the shortfall.
Bias
Bias toward motorcycle riders can affect the outcome of a verdict. People often have a bias against motorcyclists, saying that they are reckless and cause the majority of accidents.
Damages You Can Seek After an Oklahoma Motorcycle Accident
In Oklahoma, most motorcycle accident cases will yield economic and non-economic damages. A further explanation of both types of damages is below:
Economic Damages
Economic damages are the real-world costs associated with your accident. This can cover things such as hospital bills and liens, lost wages, lost future earning potential, and more expense.
Non-Economic Damages
Non-economic damages cover the intangible costs of the accident. These are issues such as pain and suffering, emotional distress, anxiety, and depression,
If you need help understanding any of the topics discussed in this blog, give on of our accident attorneys in Oklahoma City a call at (405) 397-1717 or send us a message.