Recovering from a severe motorcycle accident is difficult, especially when insurance adjusters are minimizing or denying liability for your damages. This is why you need a trusted, experienced, and highly knowledgeable motorcycle accident lawyer by your side to help you secure the financial compensation you deserve.
At Carr and Carr, we understand the challenges that motorcycle riders face, from navigating heavy traffic to dealing with negative public perceptions about their road safety. With years of combined experience in motorcycle accident litigation, we are deeply familiar with the unique nuances of these cases, the severity of the injuries often involved, and the potential for significant financial implications. We are also committed to you, your rights, and your recovery, because we believe that every motorcyclist deserves a safe journey home.
Why Hire Carr and Carr for Your Oklahoma Motorcycle Accident Claim?
- Extensive Experience and Expertise: Carr and Carr has been serving Oklahoma, Tulsa, and the surrounding areas since 1973. During this time, our OKC motorcycle accident lawyers have handled a wide variety of motorcycle crashes, each with its own special set of circumstances.
- Strong Track Record of Success: Our reputation is built on our consistent track record of successful outcomes. We’ve helped hundreds of motorcycle drivers secure the compensation they deserve for their injuries, losses, and suffering. We’re not just personal injury attorneys; we are results-oriented advocates who fight tirelessly for justice.
- Client-Centered Approach: At Carr and Carr, we prioritize the needs and interests of our clients. We believe that every client deserves personalized attention, empathy, and respect. From your initial consultation to the conclusion of your case, our motorcycle crash lawyers will work closely with you, keeping you informed and involved at each stage of the claims process.
- No Upfront Costs and Fees: The experienced lawyers at our personal injury law firm operate on a contingency fee basis. This means that you don’t owe us anything unless we win your case. We understand that the financial strain post-accident can be heavy, and we don’t want the potential cost to prevent you from seeking justice.
Do You Have a Motorcycle Accident Case?
Determining whether you have a valid motorcycle accident case in Oklahoma involves several key factors. The following elements typically form the basis for a successful personal injury claim:
- Duty of Care: First, it must be demonstrated that the other party involved in the accident had a duty of care towards you. For instance, all drivers on the road have a legal obligation to drive safely, especially on a busy highway, and avoid causing harm to others.
- Breach of Duty: The next step is to prove that the other party breached their duty of care. This breach could come in many forms, such as careless driving, reckless driving, distracted driving, traveling at an unsafe speed, or driving under the influence.
- Causation: After establishing a breach of duty, you must prove that it directly caused your motorcycle crash injuries. For example, if a car driver was texting and failed to see you, leading to a collision, their negligence would be the cause of your injuries.
- Damages: Finally, you must have incurred actual damages due to the accident. This could be medical expenses, rehabilitation costs, lost wages, property damage, pain and suffering, or any other losses that can be quantified.
If these elements are present, you likely have a case and can take legal action. However, motorcycle accident law can be complex, and each situation is different. Therefore, it is always advisable to consult with a knowledgeable and experienced OKC motorcycle lawyer who can assess your case and guide you through the legal process. They can help gather the necessary evidence, deal with insurance companies, and represent your best interests in court if necessary.
Liable Parties in a Motorcycle Accident Claim
Motorcycle accidents can be complex events involving multiple parties, so identifying potential defendants is a crucial step in the process of filing a claim. Here are some parties that could potentially be held liable for your motorcycle accident injuries:
- At-Fault Driver: Driver negligence is the most common situation. Other road users involved in the motorbike accident may be held liable if their negligent or reckless actions led to the collision.
- Manufacturers: If a motorcycle or other vehicle involved in the accident had a manufacturing defect or design flaw that contributed to the accident or the severity of the injuries, the manufacturer could be held liable.
- Government Entities: If the accident was caused or exacerbated by poor road conditions, such as potholes, insufficient signage, or improper maintenance, the city, county, or state government agency responsible for maintaining the road could potentially be held liable.
- Maintenance Companies: If the accident was caused by an unsafe vehicle, the company or individual responsible for maintaining that vehicle may share in the liability.
- Owners of Commercial Vehicles: If the motorbike accident involved a commercial vehicle, the owner of that vehicle may be liable, especially if the truck driver was acting within the scope of their employment at the time of the accident.
Determining liability in a motorcycle accident often requires a thorough investigation and the expertise of a skilled motorcycle accident attorney. If you’ve been injured in OKC, let Carr & Carr help you identify all potentially at-fault parties and file a claim for damages against them.
Getting Compensation for Your Motorcycle Accident Injuries
If you’ve been involved in a motorcycle accident in Oklahoma, several potential sources of compensation exist, depending on the circumstances of the collision:
- The At-Fault Party’s Insurance: If another party is determined to be at fault for the accident, their insurance company is typically responsible for covering the cost of your damages. This can include medical expenses, lost wages, and property damage, among other costs.
- MedPay: Most motor vehicle insurance companies offer medical payment coverage, also called medical expense insurance, as a part of their policy options. MedPay covers medical bills and expenses if you and your passengers are injured in a motorcycle accident in Oklahoma, regardless of who is at fault.
- Your Health Insurance: Your personal health insurance may also cover your medical expenses. However, you may need to repay your health insurer if you receive a settlement or judgment in your favor from the at-fault party’s insurance company.
- Uninsured/Underinsured Motorist Coverage: If the at-fault party does not have insurance, or if their insurance doesn’t fully cover your damages, your own Uninsured/Underinsured Motorist (UM/UIM) coverage (if you have it) can help cover the costs.
- Legal Settlement or Judgment: If your case goes to court and the court rules in your favor, the at-fault party can be ordered to pay for your damages.
An OKC motorcycle accident lawyer at Carr and Carr can help you understand all your options for recovering damages. These typically fall into two categories: economic damages (or special damages) and non-economic damages (or general damages).
These are tangible accident-related expenses. They are relatively easy to calculate as they have a direct monetary value. Examples include:
- Medical Expenses: This can cover the cost of emergency care, hospitalization, surgeries, rehabilitation, physical therapy, medications, future medical care, and any necessary medical devices or equipment.
- Lost Wages: If you’re unable to work due to catastrophic injuries, you may be able to claim compensation for the income you’ve lost during your recovery period.
- Loss of Earning Capacity: If your injuries are severe and limit your ability to earn a living in the future, you can seek damages for the reduction in your earning potential.
- Property Damage: This includes the cost of repairing or replacing your motorcycle and any other damaged property.
These damages are intangible losses and are more difficult to quantify. They include:
- Pain and Suffering: This covers the physical pain and emotional distress you’ve endured due to the accident and your injuries.
- Loss of Enjoyment of Life: If your injuries prevent you from enjoying activities you used to take pleasure in, you may be entitled to this type of compensation.
- Emotional Distress: This involves the psychological impact of the accident, such as emotional pain, mental anguish, anxiety, depression, PTSD, etc.
- Loss of Consortium: If your injuries have negatively affected your relationship with your spouse, you may be eligible to claim damages for loss of companionship or intimacy.
Our experienced motorcycle accident lawyers can help accurately calculate the full extent of your damages and advocate for maximum compensation on your behalf. We will also make sure to file your claim within the two-year period allowed by the statute of limitations so that the lawsuit does not become time-barred.
What if I Was Partly Responsible for My Motorcycle Accident?
Oklahoma follows a modified comparative fault rule, which means injured riders can still recover damages in a motorcycle accident lawsuit even if you were partly at fault for the crash. However, your compensation will be reduced by your share of fault, and if you are found to be 51% or more at fault, you cannot recover any damages.
This threshold inspires at-fault drivers and their insurance companies to seek any evidence that could take your liability past the point where they’re obligated to compensate you. This is one of the reasons why you should never make a statement to an auto insurance provider until you’ve had the chance to obtain legal representation.
What is My Motorcycle Accident Claim Worth?
The value of a personal injury lawsuit is typically determined by several factors, including:
- Severity and Nature of Your Injuries: More serious injuries, such as a spinal cord injury or traumatic brain injury, generally lead to higher medical bills, more time off work, and a greater overall impact on your life, thereby increasing the potential claim value.
- Medical Expenses: This includes both current and future estimated medical costs related to the accident. The latter can be particularly significant if your injuries require ongoing treatment or result in permanent disability.
- Loss of Income: If your injuries caused you to miss work, you could claim these lost wages. If your ability to earn in the future is compromised, you might also be entitled to damages for loss of earning capacity.
- Property Damage: The cost of repairing or replacing your motorcycle or other damaged property is also factored into your insurance claim value.
- Pain and Suffering: Calculating the monetary value of your pain, suffering, and emotional distress can be complex and subjective, but it forms a significant part of many accident claims.
- Impact on Lifestyle: If your accident has affected your ability to enjoy life as you did prior, including hobbies, exercise, and other recreational activities, this could also add to the value of your compensation claim.
Every case is unique and the specifics of your situation can significantly influence the potential value of your claim. It’s crucial to consult with an experienced attorney who can evaluate your case thoroughly and help you understand what compensation you might be entitled to.
Get a Free Consultation From an Oklahoma Motorcycle Accident Lawyer
At Carr and Carr, we are committed to helping motorcycle accident victims in Oklahoma navigate the challenging aftermath of a collision. Our knowledgeable and dedicated team understands the complexities of motorcycle accident cases and is ready to fight tirelessly to secure the compensation you need to recover. Don’t face this battle alone – let us stand by your side, champion your cause, and pursue the outcome you and your family need.