Can I File a Personal Injury Lawsuit After a Motorcycle Accident?
Motorcycle accidents are often devastating resulting in catastrophic injuries, significant medical expenses, and trauma from the crash itself. If you were recently injured in a motorcycle crash in Oklahoma, you might be asking yourself whether or not you can or should sue the other driver. By understanding your legal rights and what’s expected of you in a motorcycle injury lawsuit, you can be a more savvy litigant in the process. In this article, the Tulsa, Oklahoma motorcycle accident attorneys at Levinson Law, P.C. will discuss the filing of personal injury lawsuits after a serious motorcycle accident.
Personal injury claims in Oklahoma
A personal injury claim is a legal action taken by an individual who has been seriously injured due to the negligence or wrongful actions of another party. In terms of motorcycle accidents, a personal injury claim can be made if the accident was caused by another driver’s negligence, hazardous road conditions, a defective motorcycle, or other factors. Oklahoma law allows injured parties to seek compensation for damages, including medical expenses, lost wages, pain and suffering, and property damage.
Establishing negligence in a motorcycle accident
You must be able to establish that the defendant was negligent in a personal injury lawsuit. Negligence occurs when the other party fails to exercise reasonable care, resulting in injury to another person. To establish or prove negligence, you must demonstrate four key elements:
- Duty of care – The defendant had a duty to render ordinary care given the situation. In terms of traffic accidents, drivers are expected to operate their vehicles safely, keep an active lookout, and ensure that they don’t injure another commuter.
- Breach of duty – The defendant breached their duty of care to the injured party.
- Causation – The breach of the duty of care directly or proximately led to the plaintiff’s injuries.
- Damages – There’s no personal injury lawsuit without an injury. You must be able to show you sustained injuries as a result of the negligence.
In terms of motorcycle accident cases, you need to establish that the at-fault party had a duty to operate their vehicle safely, they breached that duty through their conduct or lack of action, and caused the accident that led to your injuries.
Gathering evidence to support your claim
Evidence is the backbone of your personal injury claim. You will need to gather evidence and present it to support your case. Evidence can include police reports, witness testimony, photographs of the accident scene, your medical records, and more. It is important to move quickly after the accident has occurred to collect evidence, as memories can fade with time and physical evidence can be altered or lost.
Talk to a Tulsa, OK Motorcycle Accident Attorney Today
Levinson Law, P.C. represents the interests of injured parties in motorcycle accidents. Call our Tulsa personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.
