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Oklahoma insurance regulations and dishonest insurance carriers can complicate the process of recovering compensation for injured motorcyclists. Therefore, it is important for injured riders, or loved ones acting on their behalf, to retain an attorney who has experience handling these types of claims.
Our Oklahoma motorcycle accident lawyer at The Law Office Of Dakota C. Low has a successful history of handling motorcycle claims against insurance companies. and, There have been verdicts for as much as $47,500,000.00 for injuries sustained in a head-on motorcycle collision in the United States. While each motorcycle case is different and damages will vary, our attorneys are committed to helping motorcyclists recover compensation for their losses, which may include medical bills and property damage.
If you have been involved in a motorcycle accident in Oklahoma, you may have legal recourse. Learn more about how our attorneys may be able to help, fill out our no-cost case review form today.
Why Should I Contact a Motorcycle Accident Lawyer?
Injured motorcyclists may find it difficult to receive compensation after a crash, especially if they pursue their claim without the help of an attorney.
Motorcyclists are not permitted to carry Personal Injury Protection (PIP) coverage in several states because it is only required for vehicles with four or more wheels. Even if the biker owns a car that is covered by PIP insurance, the coverage does not extend to motorcycle accidents.
If the biker is uninsured, they may have difficulty paying for expensive medical bills, particularly if the injury prohibits them from working.
If you were hurt in a car accident, an attorney can explain your legal options for recovering compensation for medical expenditures and other damages, which may be exacerbated by conditions like medical negligence.
If you contact an attorney as soon as possible after the accident, he or she can start gathering information and evidence to support your compensation claim. Your attorney may:
- Gather scene and police reports to aid in the development of your claim
- Gather witness accounts
- Photograph the site
- Research the other driver’s driving history
- Reconstruct the accident scene
- Recreate the collision
- Review medical records
- Consult specialists
- Contact insurance companies on your behalf
The motorcycle accident lawyers at Dakota Low Law Firm are aware of the rules that control motorbikes in Oklahoma, which differ greatly from those that govern vehicle accidents, and have vast experience dealing with insurance companies.
We have access to the best experts in the field, such as accident reconstructionists and medical professionals.
Our attorneys have developed a solid track record of outcomes in winning compensation for injured motorcyclists through dealing with these clients, including a multi-million dollar motorcycle accident verdict.
Injuries from Motorcycle Accidents
If the motorcyclist was not at fault, they may be entitled to sue the party who caused the accident for damages. Motorcycle riders are not covered by PIP insurance, but they are not constrained by its limits either. Injured riders have no restrictions on the kind of remedies they can seek to compensate for their losses, including pain and suffering damages.
PIP insurance—which requires the injured party to meet a “injury threshold” before pursuing reimbursement from the negligent party—does not allow for the collection of pain and suffering damages in motor vehicle accident claims. Motorcycle riders are not need to meet a certain level of injury to claim compensation for their losses, which may include medical expenses, lost wages, and pain and suffering. Insurance Negotiations Following an accident, your attorney may contact the negligent party’s insurance carrier to negotiate a settlement for accident-related expenses.
He or she will use the information gathered to seek reimbursement for your charges. If insurance company talks are fruitless or unsatisfactory, you and your attorney may be able to initiate legal action against the negligent party. Negligence Motorcycle accidents are classified as personal injury lawsuits, which are founded on the principle of carelessness. In other words, your lawyer will have to show that the other driver was at fault in the collision because he or she failed to follow a reasonable standard of care.
To do so, your attorney will do an investigation to gather more about the incident, such as if the other motorist observed traffic laws, was paying attention to his or her surroundings, or was driving under the influence, among other things. Liability for Products In rare situations, the collision could have been caused by a malfunction in your car or the other party’s car.
In some circumstances, you may be able to receive compensation for your injuries by filing a lawsuit against the car’s or parts’ manufacturer. In these cases, the attorney will need to undertake an investigation into the car to see if it had any faults previous to the accident. He or she will collaborate with forensic experts to assess whether: – the malfunctioning motorbike or part was “unreasonably risky” – the motorcycle was used as intended – Since its purchase, the motorcycle’s performance has remained unchanged.
Defective tires, brakes, accelerators, and fuel systems are some types of faults for which you may be able to make a product liability claim. Unjust Death If you have lost a loved one in a motorcycle accident, you may be able to file a wrongful death case to seek compensation. An attorney can assist the victim’s family in proving that the other driver’s negligence was the cause of the victim’s death.
How Much Compensation Can You Recover?
The attorneys in our office may be able to assist you in recovering compensation for the following through discussions or litigation against an insurance company or negligent party:
Past and Future Medical Expenses:
If the injuries were caused directly by the accident, victims can file for compensation for emergency visits, hospital care, surgery, and other medical expenses. Motorcycle accident victims may be entitled to compensation for wages they could have earned if the incidents had not occurred. Victims are entitled to compensation for the time they were unable to work due to their injuries.
Because motorcyclists may not be granted PIP insurance, they may be able to launch a lawsuit to seek compensation for their pain and suffering following the collision. Factors such as the nature of the injury, as well as the duration and extent of pain, will be examined in determining if the victim demands compensation.
Victims and their families may be entitled to compensation for the mental distress they experienced as a result of the incident. Fear, humiliation, anxiousness, concern, and grief are all examples of emotional pain. In the instance of a wrongful death caused by a motorcycle accident, the surviving spouse may be entitled to compensation for the loss of services, support, aid, society, and companionship of his or her loved one. Surviving parents may be entitled to compensation for their minor children’s loss of love, affection, and companionship as a result of their wrongful death. Minor children may also be entitled to compensation for the loss of their parents’ services, support, aid, society, and companionship as a result of their wrongful death.
The Most Common Reasons for Motorcycle Accidents
Accidents involving motorcycles can occur for a variety of causes, including driver irresponsibility. The following are examples of negligent conduct that could lead to an accident: –
- Cutting off motorcyclists at crossroads –
- Swerving in front of a cycle –
- Not adhering to posted speed limits –
- Failing to yield when necessary –
- Failing to give enough space between vehicles –
- Failing to notice a motorcycle moving or entering lanes –
- Failing to pay attention to other drivers –
- Driving when inebriated-
Motorcycle accidents are frequently caused by failure to yield and an inability to notice riders in traffic. Motor vehicle drivers who do not exhibit adequate caution when making left-hand turns at junctions may also be to blame for these collisions.
Drivers who: – Misjudge the motorcyclist’s speed or distance – Fail to spot the motorcyclist – Panic and stop in the motorcycle’s path – Rely on the judgment of another motorist who also fails to see the motorcyclist are the most common causes of left-turn accidents.
Motorcycle Accident Case Value in Oklahoma City
How Do I Work Out a Settlement for an Oklahoma City Motorcycle Accident?
In most motorcycle accident cases, the value is determined by a combination of economic and non-economic damages, such as:
- Medical costs from previous and future treatments (emergency room treatment, surgical fees, physical therapy, prescription medications)
- Wages that have been lost
- Suffering and pain
- Damages for retaliation
- Damage to property
Of course, each motorcycle accident claim is evaluated on its own merits, but you’ll need a place to start.
Impact of Insurance Companies on Settlement Amounts in Motorcycle Accident Cases
Unfortunately, as an injured motorcycle rider, there are many aspects of your case that are absolutely beyond your control.
The at-fault driver’s insurance company is a major factor.
Our personal injury lawyers at Dakota Low Law Firm have experience negotiating motorcycle accident settlements with all of the major auto insurance companies on behalf of clients who have suffered serious injuries, and we can advise you on whether you should pursue an injury settlement through pretrial negotiations or litigate the case.
We can also assess your situation to see if you are eligible to file an uninsured motorist insurance claim with your own insurance company.
How Much Do Soft Tissue Injuries Cases in Motorcycle Accidents Cost on Average?
They can payout anything from tens of thousands to hundreds of thousands of dollars. Your costs, suffering, and handicap, if any, are the most important factors to consider.
To understand more about your chances of recovery, read these summaries.
Beaver County Motorcycle Accident Case:
$78,000 Jury Award
An unemployed man was riding his motorcycle around when a car slammed into him. The automobile driver apparently attempted to turn left into the motorcycle rider’s lane but instead collided with him.
He suffered soft tissue damage and a broken wrist after falling off his bike. The motorbike rider filed a negligence lawsuit against the automobile driver, alleging that the defendant was responsible for his injuries, as well as a 35 percent reduction in his hand and arthritis.
The defendant claimed that the plaintiff motorcycle rider was drag racing with other motorbike riders and hence was not entitled to compensation due to his contributory negligence.
The jury determined that the plaintiff was 30 percent responsible for the accident. He was still eligible to recover because the percentage of contributory negligence was less than 51 percent, but his $78,000 motorcycle accident lawsuit judgement was lowered to $54,600.
Marshall County Motorcycle Accident Claim: $6,415,000 Award by Jury Verdict
Several people were involved in this motorcycle collision. When a vehicle hauling a boat changed lanes and hindered their progress, a man and a woman were traveling calmly on a motorcycle.
Because the cyclists were unable to stop quickly enough to avoid the accident, the result was a serious collision. The woman was hurt in the leg, and the male motorbike rider incurred a herniated disc in his back.
The two motorcyclists filed a lawsuit against the truck driver, claiming that he changed lanes carelessly and should have been more attentive to avoid a motorcycle accident.
The defendant categorically denied any wrongdoing and offered no settlement offer. The case was litigated at trial. The jury awarded $6,415,000 in damages for the following:
- $172,000 in medical expenses
- $526,000 in lost wages
- $2,717,000 in pain and suffering
- $3,000,000 in fines
- $6,415,000 in total
Major County Motorcycle Accident; $30,000 Jury award
A automobile rear-ended a young man in his mid-twenties who was waiting on a motorcycle at a red light signal. In his lower back, he had excruciating pain and soft tissue injury. He sued the automobile driver for these injuries, as well as the fact he was unable to start full-time work that he was supposed to start soon after the accident.
The defendant acknowledged that he was responsible for the accident and the plaintiff’s injuries. She even claimed that her car’s defective brakes contributed to her failure to stop in time to avert the incident.
However, the driver’s insurance company disputed the full extent of the damages claimed, claiming that this did not prohibit the plaintiff from re-starting his employment. The judges awarded the young man $30,000 in the following manner (giving him some credit for lost earnings):
- $5,500 in medical bills
- $6,900 for pain and suffering
- $17,600 in lost wages
- $30,000 in total
Motorcycle Accident in Stephens County; $28,000 Jury Award
A motorcycle driver was riding down the highway when a car approaching from the opposite direction turned left in front of him. The rider received soft tissue damage to his legs and feet as a result of the collision. In addition, he developed an unsightly scar on his right leg. The victim filed a lawsuit against the driver, alleging that he should have been more cautious and vigilant while turning.
Although the defendant conceded guilt, he maintained that the plaintiff’s injuries were not as serious as he claimed. After failing to reach an agreement, the case went to trial on the sole question of damages, with the jury deciding that $28,000 was the acceptable amount.
2007; Caddo County Motorcycle Accident; $14,000 Jury Award;
A man in his forties was riding his motorcycle between two automobiles when the car in front of him rear-ended him, sending his motorcycle crashing into the car in front of him.
The biker received numerous injuries as a result of the accident, including soft tissue damage throughout his body. He filed a lawsuit against the driver who started the chain reaction.
The defendant agreed to begin the collision but contested that the encounter caused the plaintiff’s injuries, citing the plaintiff’s expert testimony regarding the motorcyclist’s pre-existing ailments.
Despite the plaintiff’s earlier pains being evidenced, the jury awarded him a $14,000 verdict ($12,000 for medical bills and $2,000 for pain and suffering).
If you are injured while riding a motorbike and suffer property damage, brain injuries, medical bills, or other losses, contact an attorney or a group of personal injury lawyers for a free consultation.
A motorbike rider may be eligible to compensation from the other driver or their insurance company if they were at fault in the vehicle collision.
Motorcycle Accident in Cotton County; $495,000 Jury Award
Mr. Grady, was riding his motorbike around a tiny town in northern Cook County when a truck driver abruptly and unexpectedly drove into his lane, colliding with him.
Grady had just entered a left-turn lane and was about to turn when the vehicle merged into the same lane without signaling, yielding, or even looking up from his phone.
Grady’s knees, wrists, hands, and shoulders were severely broken and torn in the motorbike accident, necessitating considerable medical treatment and surgery.
He sued both the driver and the driver’s employer; however, because the driver’s behavior was considered to be deliberate and wanton (talking on the phone while driving), it was determined that it was not in the course of his work, and the employer was dismissed as a defendant. Grady’s auto insurance provider will be responsible for paying the $495,000 verdict.
Motorcycle Accident in Woods County; $50,000 Jury Award
Ms. Miller was riding her motorbike down a busy street in Oklahoma, when she spotted a car following her closely. The automobile approached her bike from behind and attempted to get around her.
However, the car collided with her motorcycle, resulting in an accident. Miller sa uffered a shattered collarbone as well as other injuries all over her body as a result of the incident.
Both sides claimed the other driver was at fault for failing to slow down, keep a good lookout, and being otherwise careless. The jury believed Miller and gave her a $50,000 payment, but they also assigned her 45 percent of the blame for the disaster, effectively halving the amount.
Kiowa County, $100,000 Motorcycle Accident Settlement Claim
Both vehicles were traveling down hwy 183 in Kane County when the accident occurred. Defendant cut plaintiff off when he turned left to enter a fast food drive in. They collided head-on, leaving Paul with a shattered bone and other injuries.
Plaintiff filed a negligence suit against defendant, claiming damages for lost wages, medical bills, and other expenses. They reached an out-of-court settlement for $100,000, which was the maximum amount covered by their insurance coverage.
$250,000 Motorcycle Accident Settlement in, Garvin County
A head-on collision was involved in this motorcycle accident settlement. the plaintiff, was riding his motorbike down a state highway when the defendant’s vehicle over the median line and collided with him. Plaintiff shattered his leg as well as other injuries sustained by the rider, and his health finally deteriorated to the point where he required an amputation.
Plaintiff filed a negligence lawsuit against the other driver. While the defendant did give a defense, it was short-lived, presumably due to the plain nature of who was at fault in this case. As a result, both parties promptly agreed to accept the insurance company’s policy maximum sum of $250,000.
If you have been in a motorcycle accident, speak with an attorney from our office regarding the insurance policy that applies to you after the event. After speaking with insurance providers, a personal injury lawyer may be able to help increase the settlement value of motorcycle accidents significantly.
What are the Values of Bone Fracture Injury Cases in Motorcycle Accidents?
Typically, broken-bone motorcycle accident victims recover the amount spent on medical costs, lost wages due to missed work, personal injury, and the amount they had to pay for automobile accident damage.
Specific sums, on the other hand, can vary depending on your actual damages and subsequent negotiations with the insurance carrier following the motorbike accident. For additional information on the average motorcycle accident compensation, look through these summaries.
Case Values in Motorcycle Accidents
How much are back and neck injury cases in motorcycle accidents worth?
Your back or neck injury claim’s worth will be determined mostly by your hospital expenditures, including surgery, pain and disability, and ability to return to work. Read these back and neck injury case summaries to learn more about this topic.
Oklahoma County; $3,317,000 Jury Award
Plaintiff was riding near downtown Oklahoma City just after midnight.A police patrol car went into traffic without signaling or activating his lights, colliding into plaintiff.
Plaintiff had severe neck and head injuries as a result of the tragedy. He decided to file suit against the patrolman and the police agency. He claimed that the cop turned into traffic recklessly and failed to avoid the collision; the complaint also claimed that the department failed to effectively supervise and regulate its workers.
Plaintiff was driving too fast, should have maintained a better eye on the road, and was the real cause of the collision, both defendants countered. The plaintiff was awarded $3,317,000 in damages for medical expenditures, pain and suffering, and disfigurement by the jury.
However, because the jury determined that Ross was 10% at fault for the occurrence, his recovery was reduced by the same amount.
If you have questions about how to deal with insurance companies after a motorcycle accident, contact The Law Office Of Dakota C. Low to talk with an experienced personal injury attorney who specializes in motorcycle accident law.
Motorcycle accident cases are complicated, and the value of a settlement is determined by a variety of circumstances.