Tulsa Motorcycle Accident Attorney

Why Hiring an Experienced Tulsa Motorcycle Accident Attorney Matters

From road rash, contusions, and broken bones, to serious catastrophic back, head, brain or neck injuries, motorcycle accidents often lead to serious harm. As a rider, you share the road with much bigger, heavier, and more powerful vehicles. There are many situations where you can be seriously injured while riding a motorcycle. These include, but are not limited to:

• Other drivers not paying attention
• Poor road conditions
• Intentional harm due to road rage
• Drunk, tired, or impaired drivers

When other drivers are negligent or if unfavorable conditions have caused you or a family member to get into a serious accident, it is important that you speak to a Tulsa motorcycle accident attorney today.

MOTORCYCLE LAWS IN OKLAHOMA

For the safety of both motorcyclists and other drivers on the road, Oklahoma law regulates motorcycle riding practices. Specifically, Title 47 O.S. § 1-135 governs Oklahoma motorcycle laws, which include rules on motorcycle licenses, passengers, and equipment.

DO I NEED A MOTORCYCLE LICENSE?

Yes. In the state of Oklahoma, you must have an “M” endorsement on your driver license in order to legally operate a motorcycle. To have an M added to your license, you must submit all relevant documentation, appear before a driver license examiner, and take several tests. In addition to testing your vision, your examiner will give you a written test and a driving exam. If you take a Motorcycle Safety Foundation (MSF) course, your driving test may be waived. Drivers 17 and under MUST take an MSF course before they can get an “M” endorsement.

DO I HAVE TO WEAR SAFETY EQUIPMENT?

All motorcycles are required to have 2 functional rearview mirrors that are no less than 3 inches in diameter. They must also have a properly operating speedometer, a horn, a fender over each wheel, and a windshield. If your motorcycle does not have a windshield, you will need to wear goggles or a face shield to protect yourself and your vision.

Any rider who is under 18 must wear a helmet. While driving, you should always have your headlights on, even in the daytime. Your handlebar height cannot be higher than your eyeline, and your muffler and exhaust system must be in good working order and suppress noise.

CAN I BRING A PASSENGER?

If you are over the age of 16, you may carry a passenger on your motorcycle, as long as your wheel diameter is 12 inches or greater and your bike has a double seating device with a footrest, or a sidecar. If your passenger is under the age of 18, they must wear a helmet. If you are under the age of 16 or your bike is not properly equipped, it is illegal for you to carry a passenger of any age.

OKLAHOMA MOTORCYCLING TIPS

In addition to following state law, TravelOK recommends the precautions below:

• Practice before getting into traffic
• Ride defensively
• Follow the speed limit
• Keep an eye on road conditions
• Be mindful of other drivers’ blind spots
• Don’t drive aggressively or weave in and out of traffic
• Ride in the part of the lane where you are most visible
• Avoid driving when you are tired or under the influence
• Wear a quality helmet, eye protection, and thick clothing (like leather)
• Brighten your outfit with colors and reflective decals
• Use your headlights, day and night
• Flash your brake before slowing down and stopping
• Signal all turns and movements
• Don’t be afraid to use your horn

If you abide by motorcycle laws and drive safely using the tips and tricks above, your likelihood of getting into a motorcycle accident will decrease dramatically. Still, you cannot control the actions of others.

Unique Challenges in Motorcycle Accident Claims

The motorcycle accident claim process can be quite different compared to claims involving automobiles. There are a variety of considerations that injured motorcyclists must face which are not common for car accident victims. Some of the unique challenges in motorcycle accident claims include:

Injuries Are Often More Severe

Motorcyclists typically suffer more serious injuries in comparison to car accident victims. The obvious reason being that a motorcyclist doesn’t have the same amount of protection to shield them from bodily injury. In addition, motorcyclists are more prone to being thrown from their bike, resulting in severe skin injuries and road rash. Depending on the severity, injuries may be permanent.

The Stereotype Associated with Motorcyclists

Since motorcyclists commonly avoid traffic by weaving in-and-out or splitting lanes, many people consider this type of behavior as reckless and perhaps negligent. However, what is considered as dangerous behavior to some can be seen as normal for all motorcyclists. The truth is that there are more responsible motorcyclists than daredevils on the road.

Unfamiliarity of Motorcycle Operations

When a case goes to trial, the jury may not be familiar with motorcycle mechanics. Furthermore, if your claim doesn’t go to court, insurance companies may trick people into accepting an accident settlement that much less than they actually need.

Lack of Documentation

Since motorcyclists tend to suffer more serious injuries compared to operators of motor vehicles, collecting all of the proper information after an accident may not be possible. However, seeking medical attention immediately after an accident can leave a paper trail of your injuries. Proving fault without documentation can be difficult without the legal assistance of an experienced attorney.

What to Do After a Motorcycle Accident

Motorcycle accidents happen on a regular basis. According to the National Highway Traffic Safety Administration (NHTSA), around 72 motorcycles out of every 100,000 registered experienced fatal crashes in 2006. Motorcycle riders have incredibly small amounts of protection compared to larger cars and commercial motor vehicles, so when bike riders experience crashes the result can be more devastating.

Immediately after experiencing an accident, if you are able to move, check to make sure you and any other person involved in the crash is alright. If anyone is injured, call 911 immediately. If at all possible, get yourself and anyone else out of the roadway to prevent further accidents. Use hazard lights, flares, or warning triangles to alert any oncoming traffic if moving someone is impossible.

If you and any other drivers are involved, exchange information. All involved parties should exchange their names, contact information, insurance information, and license numbers. Make sure to write down plate numbers, and vehicle makes, models, and descriptions as well.

Substantial property damage and any injuries require the presence of law enforcement. The police report can be vital in your efforts to recover damage to your bike and payment for medical bills. Likewise, talk to any witnesses who saw the accident and record their comments at the scene or as soon as possible afterward. Police will also do this, but until law enforcement arrives, it’s best to talk to people before they wander away.

Depending on how seriously you’re injured, try to take photographs of the scene and take note of your surroundings. Photograph all damage and injuries caused by the accident, any nearby road signs, and the environment around the scene.

Last, don’t admit fault in any way. The exact cause of an accident is rarely clear after the collision occurs, so wait for investigators to look at the evidence and determine who was at fault. Similarly, don’t apologize to any other person there, which can be taken to be an admission of guilt for the accident.

How to Deal with the Insurance Company

It is always important to have the right type of coverage on your vehicle. Clients will often think they have full coverage, but really are lacking medical payment coverage or underinsured coverage. These two types of coverage are important to protect you when you are involved in a wreck.

Even if you have insufficient coverage, you may still be entitled to compensation from the negligent party’s insurance company. At Richardson Richardson Boudreaux, PLLC, we can help you file and defend a claim to help you get back on your feet and back on the road. Talk to our Tulsa motorcycle accident lawyers about how to recover compensation for your injuries.

Can an Injured Passenger File a Claim?

Motorcycle passengers injured in an accident can file a claim to compensate for their injuries. The statute of limitations to do so is the same as other personal injury cases, which is two years from the date of the accident. Depending on the situation another motorist, the operator of the motorcycle or a motorcycle manufacturer could be held liable for the accident.

Guiding You Through the Claim Process

Dealing with insurance companies and litigation is stressful, risky, long, and hard. Don’t place your life on hold during the process. You should not allow the claim process to consume you, especially when you or your loved one has been seriously injured. Our Tulsa Motorcycle Accident Attorney takes cases on a contingency fee basis, so you will not owe us anything unless we are able to recover for you.