Motorcycle passenger injury claims in Oklahoma are compensated for just like any other car or motorcycle accident in Tulsa. Riding a motorcycle can be fun and exhilarating for both the rider and their passenger. However, it is also quite dangerous, particularly when compared with driving a car or a truck. In fact, motorcycle riders and their passengers tend to be much more likely to lose their lives when involved in an accident compared with those who drive cars, trucks or other vehicles.
Recovering Personal Injury Damages in Oklahoma
If you have been involved in an accident as a passenger on a motorcycle, then you can recover damages (compensation) from the motorcycle rider, the driver of the other vehicle, or both, by filing a personal injury lawsuit or insurance claim. Depending on the circumstances, you may also be able to sue the manufacturer of the motorcycle if it seems that they made a dangerous or defective motorcycle. As a passenger in a motorcycle accident, unless you did something wrong while sitting on the back of that motorcycle, then you probably have a viable case which could enable you to recover significant compensation for your injuries.
Crashes Involving Only The Motorcyclist
When there is only one motorcycle involved in the accident, you may bring a claim against the motorcycle operator. In these cases, there tends to be three possible causes for the accident. The first one is when the driver is careless and crashes against something such as a parked car or a tree (the rider is at fault). The second one is when the cause of the crash is a defect or dangerous part on the motorcycle (the motorcycle manufacturer might be at fault in a product liability case). The third one is when the roadways are poorly maintained and this causes the accident (the government might be at fault).
Crashes Involving The Motorcyclist And Other Drivers
If you are a passenger on a motorcycle that is involved in an accident with a truck or car, then you can either bring a lawsuit against the rider of the motorcycle, the driver of the other vehicle, or both of them. However, in some situations, drivers who cause motorcycle accidents might be oblivious to doing so, otherwise they might flee. If that happens in your motorcycle accident, then you are dealing with a potential hit and run in which you might not be able to identify the liable person. In this situation, you could still file an insurance claim with your own insurance company or file a claim against the motorcycle rider’s uninsured motorist policy. But this assumes that you or the motorcycle rider has insurance.
Recovering For Motorcycle Passenger Injury Claims
Immediately after the accident, and providing your injuries do not prevent you from doing so, it is imperative to approach any witnesses and get their statements before they disappear. Gather their personal information as well because your lawyer might need to contact them in the future.
Next, take pictures of the scene before any vehicle is moved. This can easily be done with your phone camera. Document both the scene and the damage to the vehicles involved. If you do not have a camera or your cellphone got damaged in the crash, ask a witness to take them and send them to you. Make sure that you or someone else documents the conditions at the scene of the incident (e.g. road conditions, weather).
Then, call the police and ask for an official record. Don’t let any of the drivers leave until this is done. And if anyone is injured, provide assistance if you are able to do so, otherwise call an ambulance.
Once all that has happened and you are able to leave the scene, get your injuries checked out by a healthcare professional right away, and make sure to keep meticulous records of your medical bills and treatment plan. Not seeing a doctor right away sends a message to the insurance company that your injuries are not that serious – and this could lead to the denial or devaluation of your claim by the insurance company.
Suing For Your Injury As A Passenger In A Motorcycle Accident
Just as with any claim in a car accident, you must file a claim against the insurance companies of the drivers who you believe have contributed to your accident. As with all negligence cases, if you want to prevail in a claim against whoever caused your motorcycle accident injuries, then you must be able to prove that they are at fault for causing the accident, and that you sustained injuries, damages or losses because of this. If you prove these two things, then you are in a good position to win your case.
And if either you or the motorcycle rider believes that the cause of the accident was because of some defect with the motorcycle itself, then you both could bring a claim against the motorcycle’s manufacturer. In these cases, it is crucial that the motorcycle does not get repaired until your attorney has had an opportunity to check it out personally. If the repair destroys the evidence, then it can become difficult to prove that there was a defect on the motorcycle.
Keep in mind that if you are injured in a motorcycle accident, then you have two years from the date of your injury to file a lawsuit. And to the extent that your loved one dies because of someone’s negligence, then a wrongful death lawsuit would need to be filed by the victim’s estate within two years of their date of death.
Motorcycle Passenger Injury Claims Attorney in Tulsa
Being injured in an Oklahoma motorcycle accident is a horrific situation. You need an experienced motorcycle accident lawyer in your corner to ensure that you are in the best position to be compensated. The experienced Tulsa lawyers at Kania Law Office are dedicated to fighting for victims of motorcycle accidents. We will help you find out who is at fault for your injuries, and will aggressively pursue any and all remedies against them. For a free consultation, get in touch with Kania Law Office by calling (918) 743-2233 or by contacting us online.