Motorcycle Accident

Experienced Litigators Helping Victims of Motorcycle Crashes Throughout Northeastern Oklahoma

Motorcycles can be a fun, economical, and fuel-efficient alternative to driving a typical car or truck. Many people simply enjoy riding motorcycles more than driving a car. Motorcycles are, unfortunately, dangerous. In fact, motorcycle crashes are 28 times more likely to be fatal than other forms of motor vehicle crash. Motorcyclists are directly exposed to other vehicles, objects, and the road without a protective metal shell, and they must make split-second decisions to avoid catastrophic injury. Motorcycle riders have just as much right to be on Oklahoma roadways, but they are at the mercy of negligence or recklessness by any other drivers on the road, as well as to their own inexperience and mistakes.

If you were injured while riding a motorcycle due to another driver’s negligence, or if you were hurt in an accident caused by an aggressive or inexperienced motorcyclist, you have the right to recover damages for the harm you have suffered. Likewise, if your loved one was killed while riding a motorcycle and someone else is to blame, you might be entitled to compensation. The lawyers at Levinson Law, P.C., can help you and your family recover the damages you are owed after your Oklahoma motorcycle crash.

Causes of Motorcycle Accidents

Nationally, over 5,000 people are killed each year in motorcycle crashes, and 90,000-100,000 more are injured. In 2018, in Oklahoma alone, 1,274 people were injured in motorcycle accidents. Eighty-nine people were killed across the state. According to reports from Oklahoma officials, the number of Oklahoma fatalities has remained relatively consistent over the past ten years.

Motorcycle crashes can be caused by a variety of factors, many of which overlap with the factors that lead to other vehicle accidents. At Levinson Law, P.C., our motorcycle crash lawyers are ready to help injured victims recover damages for accidents caused by, for example:

Aggressive tactics such as lane-splitting. Motorcycle riders like to skip traffic where possible; indeed, it is one of the benefits of riding. However, aggressive tactics such as lane-splitting, passing on the right, or speeding are likely to lead to serious injury, especially when performed by a less experienced rider.
Door accidents. Drivers who open their doors while stuck in traffic or otherwise driving must make sure to check for motorcyclists before doing so. A sudden open door can trip a motorcycle rider or cause them to make an uncontrolled swerve, leading to an accident.
Unexpected left turns. One of the primary causes of motorcycle crashes is auto drivers making unexpected and sudden moves without checking for bikers and without proper signaling. Motorcyclists need time to adjust, and drivers must always account for their blind spots when making sudden moves.
Unsignaled lane shifts. Just like making unexpected turns, making an unsignaled and sudden lane shift can cause a biker to swerve or stop unexpectedly, leading to a crash.
Driving or riding while under the influence. Drunk or intoxicated drivers, as well as intoxicated motorcycle riders, are significantly more likely to cause a catastrophic crash.
Inexperienced riders. Motorcyclists must often make split-second decisions while on the road, and any failure can be fatal. A large proportion of the motorcyclists injured and killed every year are newer riders or riders who lack the proper license.

Why Motorcycle Claims Are Different in Tulsa

Tulsa’s roads add their own risks for riders. Interstate 44, the Broken Arrow Expressway and Riverside Drive carry heavy, fast traffic for much of the day, while the city’s mix of older neighborhood streets and newer commercial areas creates frequent intersections, driveways and turning conflicts where a distracted or impatient driver can fail to notice an oncoming motorcycle. More riders are out in the spring and summer, and drivers who are not used to sharing the road with them are often caught off guard.

Motorcycle claims also face a hurdle that most car accident claims do not: bias. Some insurance adjusters assume a rider was speeding or weaving before any investigation has taken place, and they make low offers or deny claims on that assumption. Our lawyers investigate what actually happened, using the police report, witness statements, video, and the physical evidence, so the claim rests on the evidence rather than on a stereotype.

For a step-by-step look at what to do after a crash, Oklahoma’s motorcycle laws and how a claim works, see our Oklahoma motorcycle accident guide.

Common Motorcycle Accident Injuries

Because riders have almost nothing to shield them from the force of a collision, motorcycle crashes often cause more severe injuries than car accidents, including:

Traumatic brain injuries and concussions
Spinal cord injuries and paralysis
Road rash and deep abrasions, sometimes requiring skin grafts
Broken bones, especially in the legs, pelvis, arms and collarbone
Internal bleeding and organ damage
Amputation or loss of the use of a limb
Psychological trauma, including post-traumatic stress

Many of these injuries mean a long recovery. A pelvis or thigh fracture often needs surgery followed by months of physical therapy. A brain injury can affect memory, concentration and mood long after visible wounds have healed. A spinal cord injury may permanently affect a rider’s ability to walk or work and require home changes and long-term care. Because these costs can unfold over years, any settlement or verdict needs to account for future medical needs, not just the bills that have already arrived.

Insurance Challenges in Motorcycle Claims

Motorcycle claims often raise insurance issues that do not come up as often after a car accident:

Minimum coverage may not be enough. Oklahoma’s minimum liability limits are $25,000 per person and $50,000 per accident for bodily injury. A serious motorcycle injury can cost far more than that.
Uninsured and underinsured motorist coverage. If the at-fault driver has no insurance or too little, UM/UIM coverage on the rider’s own policy may make up the difference. It is often overlooked.
Disputes over treatment. Insurers sometimes question whether surgery, therapy or ongoing care was necessary, especially for brain injuries that do not always show up on standard imaging.
Quick settlement offers. An early offer may come before the full extent of the injuries is known. Accepting it usually ends the claim, even if complications arise later.

Frequently Asked Questions About Motorcycle Accident Claims

Do I have a case if I wasn’t wearing a helmet?

Yes. Oklahoma does not require riders 18 and older to wear a helmet, and not wearing one does not by itself bar a claim. An insurer may still argue that a helmet would have made a head injury less severe, which is one reason to have a lawyer on your side.

What if I was partly at fault?

Under Oklahoma’s modified comparative negligence rule, you can still recover as long as your share of fault is not greater than that of the others responsible. Your compensation is reduced by your percentage of fault.

How long do I have to file a lawsuit?

In most cases, two years from the date of the injury. Claims against a government entity, such as a crash caused by a poorly maintained road, require a written notice of claim within one year and have other short deadlines, so it is important to act quickly.

What if the driver who hit me had no insurance?

You may be able to recover through your own uninsured/underinsured motorist coverage, if you carry it. We can review your policy to see what coverage applies.

Can my family bring a claim if a loved one was killed?

Yes. Oklahoma allows certain surviving family members to bring a wrongful death claim when a motorcycle crash caused by someone else’s negligence is fatal. These claims can seek funeral expenses, lost financial support and the loss of companionship, among other damages.

Will my case have to go to court?

Not necessarily. Many motorcycle accident claims are resolved through negotiation. If the insurer will not make a fair offer, being prepared to file a lawsuit and take the case to trial gives you leverage.

Trusted Help After Your Motorcycle Accident

If you were hurt in a motorcycle accident in Oklahoma, and that crash was caused by another person’s negligence or reckless behavior, you might have legal recourse. Whether you were riding your motorcycle, driving your car, or were simply a pedestrian on the road, you have the right to recover for the harm you have suffered. The attorneys at Levinson Law, P.C., will help you investigate your case, identify the cause of the crash, gather evidence, and work to maximize your recovery. You may be entitled to damages, including present and future medical care, lost income, pain and suffering, bike repairs/replacement, disability, emotional trauma, wrongful death, and more.

If you’ve been hurt in a motorcycle crash in Tulsa or throughout Northeastern Oklahoma, call Levinson Law, P.C., today to set up a free, no-obligation consultation. Our lawyers can travel to your location if you are unable to make it to our offices.