Tulsa Motorcycle Accident Attorneys

Fighting For Motorcycle Accident Victims in Oklahoma

Every year, thousands of motorists are involved in traffic accidents—but motorcyclists face certain unique risks on the road. According to the National Traffic Highway Safety Administration (NHTSA), motorcyclists are nearly 30 times more likely to be involved in fatal accidents than other types of motor vehicle occupants. In Oklahoma, more than 1,200 motorcyclists were involved in traffic accidents in 2020, resulting in over 60 deaths, according to data from the Oklahoma Highway Safety Office (OHSO).

Fellow motorists have a responsibility to follow the law and keep an eye out for motorcyclists. When they fail to drive with care, they put everyone else on the road at risk. If you were injured or if someone you love was killed in a motorcycle accident, turn to the team at Brewster & De Angelis. Since 1983, our firm has fought for the rights of the severely injured, as well as the families of those wrongfully killed throughout the state. Our Tulsa motorcycle accident attorneys offer compassionate and highly personalized legal representation backed by a long track record of success.

Call (918) 265-1214 or contact us online to request a free initial consultation with our motorcycle accident attorney in Tulsa.

What to Do After a Motorcycle Accident

The moments following a motorcycle accident can be very overwhelming and confusing. Taking these steps can help protect your rights and enhance your chances of a successful claim:

• Seek Immediate Medical Attention: Your health is the priority after an accident. Even if you don’t feel injured initially, get a thorough medical evaluation. Some injuries, like concussions or internal bleeding, may not show immediate symptoms but require prompt treatment.
• Document the Scene: If you’re able, take photographs or videos of the accident scene, your injuries, and any vehicle damage. Also, note weather conditions, road hazards, and other factors that may have contributed to the crash.
• Collect Witness Information: Eyewitnesses can provide valuable testimony to support your claim. Make sure to gather all contact information from anyone who saw the accident.
• File a Police Report: Contact law enforcement to report the accident. A police report can be crucial evidence in your case, as it provides an official account of the incident.
• Avoid Speaking with Insurance Adjusters: Insurance companies may reach out quickly to settle claims, but it’s important to avoid making statements or accepting initial offers. These offers often don’t reflect the true value of your damages. Let your attorney handle communications with insurers to protect your interests.

Common Causes of Motorcycle Accidents

Although many people believe that most motorcyclists drive dangerously, this is simply not true. In fact, the vast majority of motorcyclists are highly skilled and defensive drivers. Most motorcycle accidents happen not because of the motorcyclist’s actions or errors but because of the other driver’s negligence.

Specifically, other drivers often cause accidents with motorcyclists when they:

• Text or use a handheld device while driving
• Drive while distracted (by a cell phone or otherwise)
• Speed or drive too fast for current traffic/weather conditions
• Cut off a motorcyclist or change lanes too close to a motorcyclist
• Drive aggressively or recklessly
• Follow too closely (“tailgating”) behind a motorcyclist
• Fail to check for motorcyclists in vehicle blind spots
• Fail to yield the right of way to motorcyclists
• Turn across the path of an oncoming motorcyclist
• Pass a motorcyclist or another vehicle unsafely or illegally
• Disobey red lights, stop signs, and other traffic control devices
• Drive drunk or while impaired by alcohol or drugs

These and other negligent driving behaviors can have deadly consequences for motorcyclists and their passengers. At Brewster & De Angelis, we believe that careless motorists should be held accountable for the harm they cause, which is why our attorneys are ready to aggressively advocate for you and your recovery.

Common Motorcycle Accident Injuries

Because motorcyclists have far less protection than occupants of passenger vehicles, they are much more likely to be catastrophically injured or killed when they are involved in traffic accidents.

Motorcycle accident-related injuries often include:

The effects of these injuries are often severe. Victims may experience significant physical pain, lose their ability to move and get around on their own, and be unable to return to work temporarily or permanently. They typically require extensive medical treatment and may even need lifelong assistance and care. All of this results in considerable physical, emotional, and financial hardships.

At Brewster & De Angelis, our Tulsa motorcycle accident lawyers seek maximum compensation on behalf of injured motorcyclists and the surviving family members of those who die in tragic motorcycle accidents. We want to help you recover the full amount you are owed for your medical bills, future expenses, lost income, pain and suffering, lost enjoyment of life, and other damages.

How to Prove Negligence in a Motorcycle Accident Case

When it comes to motor vehicle accidents and insurance claims, Oklahoma follows a traditional fault-based system. This means that you must prove another person or party was at fault for the accident if you want to file a claim against their insurance company for damages. Often, injured accident victims find that their own insurance coverage is not sufficient, and filing a claim against the other party’s insurance provider becomes necessary.

Proving that the other driver was at fault can be difficult without the help of an experienced motorcycle accident lawyer. Insurance companies often dispute these claims, arguing that the motorcyclist was to blame. Under the state’s rule of modified comparative negligence, you cannot file a claim if the insurance adjuster finds you more at fault than the other driver, even if they concede that the other driver shares some of the blame.

Additionally, even if you are found to be less at fault than the other driver and have the right to file a claim, your total recovery will be reduced by whatever percentage of fault you are found to have. For example, if you are seeking $100,000 in damages, but the insurance adjuster finds you 40 percent at fault for the accident, your recovery will be reduced by 40 percent. This means you would only be eligible to recover up to 60 percent of the amount you are seeking in damages, or $60,000.

Because motorcycle accidents often result in catastrophic injuries and extensive financial losses, being found partially at fault for the crash and, therefore, having your recovery reduced by thousands or even tens of thousands of dollars can make a huge difference. At Brewster & De Angelis, we work with accident reconstructionists, medical professionals, and other expert witnesses to determine exactly what happened, how you have been impacted, and who is liable. Our attorneys know how to build powerful and persuasive cases aimed at securing the best possible results for you.

What Compensation is Available in Motorcycle Accident Cases?

Potential damages may include:

• Medical Expenses: This includes costs for emergency room visits, surgeries, rehabilitation, medications, and ongoing medical care.
• Lost Wages and Earning Capacity: If your injuries stop you from working, you could receive compensation for lost income as well as any reduction in your future earning potential.
• Pain and Suffering: Compensation for physical pain, emotional distress, and the overall impact of the accident on your quality of life may also be recoverable.
• Property Damage: Reimbursement for restoring or replacing your motorcycle and other personal belongings that had damaged in the accident.
• Loss of Consortium: If the accident affects your relationship with a partner or family members, you may be entitled to damages for the loss of companionship and support.

What is the Statute of Limitations For Motorcycle Accident Claims in Oklahoma?

The statute of limitations, or filing deadline, for most motorcycle accident lawsuits in Oklahoma, is two years from the date of the accident. In wrongful death cases, the two-year deadline begins on the date of death. In any case, it is important that you act quickly so that you do not lose your right to sue the liable party for damages. The sooner you get in touch with our Tulsa motorcycle accident lawyers, the sooner we can begin investigating the accident, gathering evidence, and communicating with the insurance company on your behalf.

Contact Our Motorcycle Accident Lawyer in Tulsa Today

Right now, you should be focused on your physical recovery. Let our firm handle the legal details of your case. When you choose Brewster & De Angelis, you can feel confident knowing that our entire team will work tirelessly for you. We want to help you get back on your feet.

For personal legal attention and dedicated representation after a motorcycle accident, call Brewster & De Angelis at (918) 265-1214 or contact us online to schedule a consultation with our Tulsa motorcycle accident attorney. Your consultation is free!