If you are partially at fault for a motorcycle accident in Oklahoma, you can still sue the motorist responsible for your crash. However, you may receive only a portion of the damages you request based on your percentage of fault. With help from an Oklahoma motorcycle accident lawyer, you can prepare an argument that shows a judge or jury that the defendant in your case was 100% responsible for your collision.
At BDIW Law, we take the guesswork out of motorcycle crash lawsuits. Our team can review your motorcycle crash case and put you in the best position to secure the maximum amount of compensation. To find out more, please reach out to us.
Oklahoma Is a “Shared-Fault” State
In the United States, some states have contributory negligence laws in place, while others follow comparative negligence statutes. Contributory and comparative negligence rules apply to motorcycle crashes, car accidents, and other types of collisions. A clear understanding of the differences between contributory and comparative negligence is a must, particularly for those who are weighing the pros and cons of filing a motorcycle collision lawsuit.
For states where contributory negligence is in effect, you cannot sue someone else for a motorcycle accident if you were in any way responsible. As an example, you can file a motorcycle crash lawsuit, and a judge or jury may find you were partially responsible for the incident. In this scenario, you cannot receive any compensation for damages you incurred, even if the defendant in your lawsuit was primarily responsible for your crash.
Meanwhile, comparative negligence allows you to receive some compensation in a motorcycle collision lawsuit if you were partly at fault for it. In states where pure comparative negligence applies, you can get compensation based on any percentage of fault. On the other hand, in states where modified comparative negligence applies, you may not be able to get damages if you are at least 50% or primarily responsible for your accident.
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Oklahoma Has a “50% Rule” for Comparative Negligence
You can pursue compensation in a motorcycle collision in Oklahoma only if the at-fault party was primarily responsible for your crash. If you are at least 50% responsible for your crash, you cannot get damages. With the help of an Oklahoma motorcycle accident attorney, you can build a case designed to show a judge or jury that you were in no way responsible for your collision.
Before you file a lawsuit, it is beneficial to meet up with a motorcycle accident lawyer in Oklahoma. This gives you an opportunity to discuss your case in detail with an attorney. At this time, your attorney can answer frequently asked questions and many others about motorcycle crash lawsuits.
If a motorcycle accident attorney in Oklahoma believes you have a compelling argument, they will encourage you to file a lawsuit. They can help you gather evidence to support your claim. Plus, they will do everything they can to help you get the most compensation possible.
You Can Ask for Any Amount of Compensation in Your Motorcycle Accident Lawsuit
In a motorcycle crash case, you can seek both economic and non-economic damages. You can get economic compensation based on your medical bills, lost wages, and other losses associated with your motorcycle crash. Non-economic damages can be awarded for pain and suffering.
At one point, there was a cap on non-economic damages. In 2019, Oklahoma lawmakers deemed this cap to be unconstitutional. Today, you can pursue any amount of economic and non-economic damages in an Oklahoma personal injury lawsuit.
Along with economic and non-economic damages, you may be awarded punitive compensation based on your motorcycle accident lawsuit. A judge or jury will provide punitive damages to deter an at-fault party from reckless acts in the future. They can award up to $100,000 or the same amount of economic and non-economic damages that a plaintiff receives — whichever amount is greater.
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Do Not Wait to File Your Motorcycle Collision Lawsuit
If you are involved in a motorcycle crash in Oklahoma, do not wait too long to file your lawsuit. In Oklahoma, there is a two-year statute of limitations for personal injury lawsuits. You have up to two years from the date you suffer a personal injury to seek damages from anyone responsible for it, and this window cannot be extended.
As soon as your motorcycle collision happens, call 911, and medical personnel and police officers will arrive on the scene. Treat your injury and keep track of your medical records and bills. Also, report the accident to the police, and they will put together a police report that details the incident.
In addition, connect with a motorcycle crash lawyer, so you can go over your legal options. The team at BDIW Law can help you file your motorcycle crash lawsuit within Oklahoma’s statute of limitations. For more information, please get in touch with us.
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Your Motorcycle Accident Lawyer Keeps Your Best Interests Top of Mind
A motorcycle crash lawyer wants you to feel confident in your case. They will work diligently to prepare your argument. Your attorney communicates and collaborates with you as they develop your argument and make sure that they can show a judge or jury that the defendant in your case is responsible for your collision.
Over the course of your litigation, your lawyer is transparent. They keep you in the loop if the defendant in your lawsuit proposes a settlement. Your lawyer is available to address any legal concerns or questions that you have.
If your case goes to trial, your attorney advocates for you and protects your legal rights. They share evidence and question witnesses in the hopes of proving that the defendant was negligent. If your attorney succeeds, you should expect to receive the full damages that you originally requested.
Get Started with Your Motorcycle Accident Claim
BDIW Law has many years of experience with motorcycle accident lawsuits in Oklahoma. Our team can help you win or settle your case as quickly as we can. Please contact us today to request a free case consultation.
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