Whether you are driving on four wheels or riding on two, you have the same responsibility as anyone else on the road to follow traffic laws and act reasonably at all times. You also have the right to be treated with respect and care by other drivers. Accordingly, if a motor vehicle driver's negligence causes you to wreck your motorcycle, you could have grounds to seek fair compensation from that driver for your ensuing damages.
However, pursuing civil recovery can be complicated no matter the circumstances, so you should strongly consider speaking with an Altus motorcycle accident lawyer before trying to file a lawsuit or make a settlement demand on your own. Your trustworthy personal injury attorney could explain your legal rights and options to you, help collect conclusive evidence of fault, and work tirelessly on your behalf to seek the maximum compensation possible.
Recovering for All Available Damages
Unlike motor vehicle drivers and passengers who have seatbelts, airbags, and other safety features meant to protect them from getting hurt in accidents, motorcyclists have virtually no protection from direct impacts outside of clothing and helmets. Because of this, motorcycle accidents often cause much more serious injuries and lead to broader civil recovery than the typical auto accident. The National Highway Safety Administration reports that motorcycles are involved in significantly more wrecks and fatalities than their car driver counterparts, and that 5,172 motorcyclists were killed in traffic collisions in 2017.
Recoverable damages after a motorcycle accident can be economic or non-economic. In other words, some damages are easy to assign a dollar value to – like medical bills for an ER visit following a wreck, repair bills to fix the damaged bike, or lost wages due to the injured person's inability to work (economic damages), while others are more subjective and different to value – like pain and suffering experienced due to their injury.
Catastrophic injuries such as traumatic brain damage, loss of limb, and spinal cord trauma might justify a higher settlement value or potential verdict. This is because the scope of damages suffered by the plaintiff are more severe and life-changing. Schedule a consult today with a Southwest Oklahoma motorcycle accident attorney for clarification about what specific damages you or a loved one may be able to recover.
Avoiding Comparative Fault for a Motorcycle Wreck
Even if they are primarily to blame for a motorcycle accident, many defendants in this type of claim try to avoid full liability by arguing that the plaintiff or motorcyclist was partly at fault. Unfortunately, many people see motorcyclists as thrill-seekers who regularly engage in risky behavior, so it can sometimes be difficult for a motorcyclist to overcome these beliefs or biases.
Oklahoma Statutes Title 23 §13 allows civil courts to reduce damage awards proportionately by a plaintiff's degree of fault for their own injuries. It also allows them to deny any compensation whatsoever if a plaintiff bears more than 50 percent of total fault. Since the insurance companies and their attorneys are aware of these beliefs and biases and will try to place blame for the wreck on the motorcyclist, retaining an Altus motorcycle collision lawyer to help fight back against these accusations of comparative negligence is essential to successfully prosecuting your case.
Learn More from an Altus Motorcycle Accident Attorney
Bikers are more susceptible to serious and catastrophic injuries when involved in a wreck since they are exposed. When such an accident stems from another person's careless driving, any motorcyclist injured as a result could take legal action against that reckless individual to ensure they bear financial responsibility for their wrongdoing. By retaining an Altus motorcycle accident lawyer, you could significantly improve your chances of success in received a fair and just outcome for your case. Schedule your free consultation by calling our team of Oklahoma attorneys at (580) 482-0560 today.