It is no secret that motorcycles offer fewer safety features than other vehicles on the road. Despite this information, many other drivers on the road fail to see the cyclists on the road. This inattentiveness paired with reckless or negligent driving can leave a cyclist with lifelong injuries and expensive costs to go with them. Earning compensation to cover these costs is not a sure thing, but you can improve your situation with the help of an attorney.
The Oklahoma City personal injury lawyers of Warhawk Legal have built a reputation for helping their clients recover from the most serious personal injury claims. We know how devastating the consequences of an accident can be, and we are ready to help you through your claims process.
Why Choose an Oklahoma City Motorcycle Accident Lawyer at Warhawk Legal?
Choosing the right lawyer after being injured in a motorcycle accident is a very important decision that can significantly influence the outcome of your motorcycle accident claim. At Warhawk Legal, we stand apart for several reasons:
- Experience and Authority: Our legal team possesses a deep understanding of the Oklahoma traffic laws and regulations affecting motorcycle riders. We combine our legal prowess with a compassionate approach, to ensure your case is handled with the utmost care and professionalism.
- Our Track Record of Success: With a history of securing favorable settlements and verdicts for our clients, our law firm demonstrates a consistent ability to navigate the complexities of personal injury claims, including motorcycle accident claims, effectively.
- Personalized Attention: We understand that every client’s situation is unique, and we dedicate ourselves to understanding your specific circumstances. This tailored approach allows us to advocate passionately and effectively on your behalf.
- Aggressive Representation: We are not afraid to stand up to big insurance companies. Our goal is to ensure you receive the full compensation you deserve for your injuries, losses, and suffering.
Choosing Warhawk Legal means partnering with a law firm that values your recovery and legal success as much as you do.
Common Methods Insurance Companies Use to Deny Claims
Insurance companies often employ various strategies to deny claims, and here are some of the most common methods:
- Claim Disputes: Insurers may dispute the validity of a claim by questioning the authenticity of the events described or the extent of the injuries or damages claimed. This is why it is important to not speak with the other parties’ insurance without consulting an Oklahoma City motorcycle accident lawyer.
- Policy Exclusions: Insurers often cite specific policy exclusions that they claim void coverage for the particular incident reported.
- Delay Tactics: Insurance companies deliberately delaying the claims process can discourage victims, sometimes leading them to accept lower settlements or abandon the claim altogether.
- Incomplete Documentation: Insurers may deny claims for insufficient or incomplete documentation, asserting that the victim did not provide enough evidence to substantiate their claim.
- Failure to Notify: Insurers might deny a claim if they are not notified within a specified time frame, claiming a breach of policy conditions.
These tactics are used to minimize payouts and preserve the company’s profitability, often placing the burden on the victim to prove that their claim is valid and within the terms of the policy.
How to Prove Negligence in a Motorcycle Accident
To prove negligence in a motorcycle accident in Oklahoma City, you must demonstrate the presence of four elements: duty, breach, causation, and damages.
- Duty: The other driver owed the motorcyclist a duty of care, typically the responsibility to drive safely and adhere to traffic laws.
- Breach: That care was breached, and the other driver acted negligently towards the motorcycle rider. From here, you’ll show that the defendant breached this duty through actions like speeding, distracted driving, or violating traffic signals.
- Causation: This breach caused injuries to the motorcycle rider. You’ll prove causation by linking this breach directly to the accident, showing that the defendant’s actions caused the incident.
- Damages: The motorcycle accident injuries caused damages, which can include medical expenses, lost wages, and pain and suffering. Establishing these elements with clear evidence is crucial to a successful claim.
With these four elements present in your motorcycle accident case, there could be grounds for potential legal action.
What Damages Are Available for a Motorcycle Accident in Oklahoma?
In Oklahoma City, victims can seek the following types of damages after their motorcycle accident:
- Economic Damages: These are the real-world costs associated with your case with clear, fixed dollar amounts. Examples of these are medical bills, rehabilitation costs, lost wages, and lost future earning potential.
- Non-Economic Damages: These are the intangible costs associated with a motorcycle accident case. Examples of these are pain and suffering, emotional distress, anxiety and depression, and post-traumatic stress disorder (PTSD).
- Punitive Damages: For exceptionally egregious or reckless incidents, a judge may decide to award punitive damages that seek to punish the negligent third party for their role in the incident. This is to discourage other individuals from performing similar behavior.
For Oklahoma motorcycle accidents, there are no caps on any damages except in the case of punitive damages. Under 23 OK Stat § 9.1 (2023), the cap for punitive damages is $100,000 or “the amount of actual damages awarded.”
Will I Have to Go to Court to Recover Damages After a Motorcycle Accident?
Not necessarily, as many motorcycle accident cases end in settlement proceedings. However, there’s an argument that you will not receive as much in damages if you do not go through a court proceeding.
The choice of whether to pursue a settlement or a court award is between you and your lawyer. The Oklahoma City motorcycle accident lawyers at Warhawk Legal would be able to help guide you to the best possible outcome, considering your situation.
Common Causes of Motorcycle Accidents In Oklahoma City
A motorcycle accident in Oklahoma City can occur for a variety of reasons, but certain causes recur with troubling frequency:
- Speeding: The leading cause of motorcycle accidents. Excessive speed reduces a driver’s reaction time and increases the severity of accidents occurring.
- Distracted Driving: A top cause of motorcycle accidents. This involves drivers not paying full attention to the road, which can easily cause a driver to miss seeing a motorcyclist.
- Driving Under the Influence: Alcohol and drugs impair judgment and reaction times, making roads dangerous for everyone, especially motorcyclists. Our drunk driving accident lawyers in Oklahoma City can hold these negligent drivers accountable.
- Unsafe Lane Changes: Drivers failing to check their blind spots or to signal when changing lanes can lead to accidents with motorcycles.
- Sudden Stops: A rear-end accident occurs when a vehicle stops suddenly, and the following motorcyclist does not have enough time to react.
- Poor Road Conditions: Potholes, uneven roads, and debris can be hazardous for motorcyclists.
- Weather Conditions: Rain, fog, and wind can significantly increase the risks for motorcycles due to decreased visibility and road traction.
By being aware of these common crash causes, riders can take proactive steps to reduce their risk of accidents and establish liability when an accident does occur. Speak to an Oklahoma City car accident attorney to learn more.
Motorcycle Accident Injuries In Oklahoma City
Injuries sustained in motorcycle accidents can range from mild to severe, often requiring extensive medical treatment. Common motorcycle accident injuries include:
- Road Rash: Skin abrasions caused by sliding across the pavement.
- Broken Bones: The force of an impact often results in bone fractures.
- Head and Brain Injuries: Even with a helmet, riders can suffer concussions or more severe brain injuries.
- Spinal Cord Injuries: These injuries can lead to partial or complete paralysis.
- Internal Injuries: The impact of a collision can cause internal bleeding and organ damage.
Recovery from these injuries can be long and challenging, underscoring the need for experienced legal representation to help secure the necessary compensation.
How Bias Against Motorcyclists Can Affect Your Case
Bias against motorcyclists is a real challenge that can impact the outcome of your motorcycle accident case. Some people hold misconceptions that motorcyclists are inherently reckless or more likely to engage in dangerous behavior. This stereotype can unfairly influence witnesses, insurance adjusters, and even jurors, leading to unjust outcomes in a motorcycle accident case. At Warhawk Legal, we understand how to counteract these biases to ensure that your story is heard fairly, and that the facts of the accident are considered objectively.
How Our Oklahoma City Motorcycle Accident Attorneys Can Help
Insurance companies often portray themselves as your friend in a personal injury claim. Still, they are likely trying to get away with offering you far less than you deserve in your compensation. Our lawyers can be your advocate to help increase your settlement offer. We want to help secure compensation that reflects how much your accident is worth, including expenses like:
- Medical expenses
- Lost income
- Property damage
- Loss of ability to work
- Pain and suffering
We do not settle for less in our negotiations because we know what is at stake for our clients. If negotiations cannot provide you with the compensation you deserve, you can rest assured that we will put our litigation skills to work for you. We are ready to defend your best interests through every step of your Oklahoma City accident injury claim. If there was a death involved in an accident, our Oklahoma City wrongful death lawyers are ready to handle your case.
Contact An Oklahoma City Motorcycle Accident Attorney Today
The sooner you reach out to our dedicated and compassionate team, the sooner we can provide you with the funds you need to get through your recovery process. Contact our Oklahoma City office by calling us at 405-397-1717 or by emailing us to schedule your initial consultation today.