Driving a motorcycle in Norman, Oklahoma can be a dangerous thing. On June 9th, there was a motorcycle accident near 12th Avenue and Robinson Street that left one motorcyclist in critical condition. After an investigation, the police determined that a vehicle pulled out of a parking lot and did not see the motorcycle coming, which caused the cyclist to collide with the driver’s side of the vehicle. This goes to demonstrate that motorcycle accidents can happen anywhere and at any time, even here in Norman.
Let the aggressive and experienced motorcycle accident attorneys of Hasbrook & Hasbrook take care of your personal injury claim, so that you can focus on getting the rest you need. Call our law offices at (405) 698-3040 for a free and confidential legal consultation. We’re here to answer your questions and provide legal support.
Motorcycle Negligence: A Primary Cause of Motorcycle Accidents
While motorcycle accidents can be the fault of the motorcycle driver, they are more often the result of negligent automobile drivers, despite misconceptions to the contrary. Accidents often occur because automobile drivers are not alert to the presence of motorcyclists sharing the road, not because of reckless driving on the part of the motorcyclists. Unfortunately, it is often the motorcyclists who suffer the worst of the injuries in an accident. According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), more than 50 percent of motorcycle accidents resulting in death involve another vehicle, and 42 percent of two-vehicle fatal motorcycle crashes involved a vehicle turning left while the motorcycle was going straight, passing, or overtaking the vehicle. It is important to know that if you have suffered as a result of a motorcycle accident, you are not alone. If you have been involved in a motorcycle accident that has resulted in serious injuries, the attorneys at Miller & Associates are here to help.
There are four elements to a negligence claim, which serves as the basis for most personal injury claims. The plaintiff who is the person suing or making the claim must show each of the following elements that:
- Duty – The law imposes all people who are driving to conform to a certain conduct, or in the case of driving, required in car and motorcycle accident cases, this is implied because everyone is familiar with what can happen when you are not careful while driving. Motorists must exercise care when riding or driving.
- Breach – A breach is a deviation from the standard of conduct that is expected of drivers. In order for a plaintiff to recover for any damages, a plaintiff will need to show that the defendant was not careful and breached their duty. The jury will make the decision whether or not the defendant was careful by comparing the driver’s conduct to that of a “reasonable person.”
- Causation – For a plaintiff to prevail in a personal injury case they will need to be able to use the facts and information that they have to prove that the defendant’s conduct caused the plaintiff’s injuries. This is why it is important for any person who has been involved in an accident to collect all the information they can, or if they are unable to contact an experienced personal injury attorney who is able to help them through the process, this can include recovering police reports, accident photos, and interviews from witnesses.
- Damages – Finally, in order for a person to be able to recover any compensation they need to demonstrate that they were injured or suffered losses. If the motorcyclist didn’t get hurt or can’t prove any damages, he or she can’t recover anything, even if the defendant behaved in a careless manner.
Oklahoma employs modified comparative fault laws, which means that a person may be able to recover compensation even if the victim is partially at fault for the crash. However, there are certain limits to a plaintiff’s ability to recover if they are at a greater degree of fault than the defendant. In this scenario, the plaintiff’s compensation would be reduced to reflect his or her degree of fault for the accident. For example, if the victim was found to be 10% at fault, an award of $100,000 would be reduced to $90,000.
What Can I Receive Compensation For?
When you have been involved in an accident there are going to be bills and expenses that you did not anticipate. Many people ask and want to know what they are able to recover as a result of their accident. While it may seem obvious that you can recover the amount of money that may be required to fix your car or motorcycle, the law also provides for other remedies such as the following:
- The victim’s pain and suffering.
- Current and projected income losses.
- Current and projected medical expenses, such as:
- Medical Equipment
- Physical Therapy
Many states, including Oklahoma, place limits called “damages caps” on certain types of compensation. There is currently no cap on the amount that you may be able to recover for things like lost expenses and financial losses, there is, however, a cap on the amount that you will be able to recover for things such as pain and suffering. In the case of pain and suffering and other similar damages, the damage cap in Oklahoma is limited to $350,000.
Let Our Lawyers in OKC Fight for You
Call our law offices right away at (405) 698-3040 to set up a free legal consultation with our helpful, friendly legal team. We are proud to handle auto accident claims in Canadian County, Oklahoma, including Mustang, El Reno, Okarche, Piedmont, Geary, Calumet, Yukon, Union City, Oklahoma City, and other cities in the area. We don’t charge any legal fees unless we recover compensation for you, and we will keep your information confidential.