Oklahoma Motorcycle Accident Lawyers

Motorcycles Wrecks Are Legally Unique

Motorcycle wrecks can result in not only serious injury or death, but also in some unique circumstances in applying the law. In many ways, particularly in Oklahoma, motorcycle wrecks can get legally complicated. Insurance is required by law, so when you're involved in an accident you are immediately thrown into the often confusing world of one or more bodies of Oklahoma law, including Title 36 (Insurance Law), Title 21 (Criminal Law), Title 47 (Motor Vehicles), Title 12 (Civil Procedure & Evidence), and Title 23 (Damages). As well, Oklahoma has some laws which apply only to motorcycles.

After being in an accident you're goal is usually to put everything back to where it was before the crash. Unfortunately it's not always easy, and, it can get worse when you start understanding all the different things affecting the answer to the question: What does the law say is the proper settlement, and how do I get the medical treatment I need?

Worse still is the tragic situation when a loved one is killed in a motorcycle accident. Because the Oklahoma Constitution has specific provisions regarding wrongful death, the management of a wrongful death tragedy due to a collision is not only more critical, but can be more complex and difficult. And because fair compensation is often the only thing the survivors can rely on, the ability to get what is deserved is critical to many people's lives.

You vs. An Insurance Company = David vs. Goliath

Make no mistake, if you're in an accident, in order to put everything back the way it was before the crash you must deal with one or more insurance companies who have a slightly different motivation: They want the whole thing settled by paying as little as possible.

The unfairness of the situation is that the insurance companies know the law: the statutes, regulations, and case law. They have lawyers, procedures, and time on their side. If they can get by with paying you less, arguing, or delaying, they will. The legal history books are full of examples.

Having experienced counsel on your side can be an equalizer. Experienced counsel is key because insurers can be both large and difficult to deal with; but, as legend holds, while everyone said "look how big Goliath is," David had the right mentality, reportedly saying, "he's so big, I can't miss." Make no mistake, an insurer can, in the process of doing what they are supposed to do, make life difficult on anyone filing a claim.

Insurance

Multiple Insurance Types and Coverage

A motorcycle accident may involve not only the other guy's insurance, but also other insurance as well, including your motorcycle insurance, your health insurance, workers compensation insurance, and/or product liability insurance. Whether you were a driver, passenger, motorcycle owner, borrower or lender, there are lots of moving parts and insurance questions in the mix.

If for no other reason, a lawyer is needed to help in figuring out what insurance may apply. This often requires corresponding with the insurer and asking the right questions, reviewing policies, and understanding the insurance company's application process and procedures.

If the insurance company is not asked the right questions, they are notorious for keeping quiet and letting the case get settled without contributing to the settlement.

Oklahoma's Red Light Law

Motorcycles Can Ignore Stop Lights

In 2010 the Oklahoma Legislature passed SB1329 (Senate Bill 1329). This law became effective November 1, 2010, and is codified at 47 O.S. §11-202. The law says a motorcycle "facing any steady red signal" may proceed through the light if:

1. The Motorcycle has come to a complete stop, and

2. The light has failed to change because it did not detect the motorcycle, and

3. There is no oncoming traffic, or if there is, it is not an "immediate hazard."

The law goes on to say that any oncoming traffic still has the right-of-way, and that if there is an accident, "in no event" shall the other driver be charged with a violation of failure to yield right-of-way, following too closely, or driving too fast.

This law has clear benefit for motorcycle riders, but also potentially complicates the accident from a legal point of view. If, for example, the other driver wasn't paying attention, texting, and driving to fast, he or she is basically given a free pass to escape criminal charges. No doubt, this will be argued in court, and an insurance company will likely try to use this as a reason to avoid liability and/or pay a lower settlement.

If you're a motorcycle rider involved in an accident, whether this law may apply or not, make certain your legal representative is experienced in motorcycle accidents -- It's critically important!

What Should Your Attorney Do?

An attorney representing you in a motorcycle wreck should not only be experienced in such matters, and in particular with dealing with insurance, but we believe he or she should also:

Handle your case personally;

Be available when you call;

Keep you updated;

Get you the medical care you need;

Properly investigate the accident;

Quickly demand the other guy's insurance to take proper action;

Preserve evidence;

Retain the proper experts when needed;

Know whether the case belongs in federal court or state court;

Know what special motorcycle laws apply;

File suit and advocate for your rights.

At What Cost?

Attorney's representing motorcycle wreck victims may require 40% to 50% of a recovery. The question is, is it worth it? Will an attorney, through their skill and experience, increase the amount of recovery enough to justify the fee?

The honest answer is, it depends on the attorney's experience, the time he or she puts into the case, and the facts of the case -- caveat emptor ("let the buyer beware"). Until a case is reviewed and research conducted into the insurance involved, the laws affecting the case, the parties, and all the circumstances, it's not just difficult, it's almost impossible to say for sure.

What To Do Next

Three things:

Make notes, start a file, keep every piece of paper related to the accident (including healthcare bills, reports, work status, mileage, etc.).
Be cautious in speaking with anyone about the accident, especially insurance representatives.
Find an experienced attorney you trust to review the accident.

Free Consultation

For straight talk and a free consultation, call Allison Legal at 405-702-9900.

We handle cases personally, are experienced in state and federal court, and understand the unique complexities of motorcycles wrecks, insurance, healthcare, and the law. Our fees for such matters are based on contingency; we keep it simple: no recovery, no cost.