Unlimited views, the feeling of freedom, and the sensation of fresh air contribute to the enjoyment of riding a motorcycle. This openness is also a significant factor contributing to the dangers that motorcyclists face. Unfortunately, other drivers are often distracted, leaving motorcyclists vulnerable to other drivers’ inattention.
Suffering injuries in a motorcycle accident can lead to exorbitant recovery costs. An Oklahoma motorcycle accident lawyer will diligently work to ensure the compensation you receive meets your needs after a motorcycle accident. Many factors contribute to the outcome of a settlement, and each situation is unique, requiring a personalized approach to recovery.
Factors Influencing a Motorcycle Accident Settlement
There is no one-size-fits-all amount for settlements in an Oklahoma motorcycle accident in Oklahoma. Many factors contribute to the outcome of a settlement. However, to ensure the maximum compensation you need for recovery, BDIW Law offers tremendous guidance and experience navigating the law and its applications to motorcycle accidents, providing individualized services to benefit you most.
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How Well the Incident Is Documented
The victims of any accident bear the responsibility of proving their injuries in a motorcycle crash resulting from the accident, and documentation is one of the most vital determinants of a settlement amount. Collecting supporting evidence can be significantly daunting for injured motorcyclists because they often suffer more severe injuries in an accident, prohibiting their ability to begin their way back to financial recovery. Even more vital to understand is that the insurance company is not there to help you collect this information in any way.
The role of an adjuster in an insurance claim, no matter how sympathetic they appear, is to minimize the payout to injury victims. The insurance industry is profitable, and fair compensation decreases earning potential. Without documentation, the injuries you sustained can be attributed to other health factors or situations. Substantial documentation will determine whether or not you qualify for a personal injury case.
Part of the irrefutable documentation necessary for a personal injury case and how much a settlement will be is determined by the extent of the injuries an individual experiences. This documentation is established by medical professionals who can serve as expert witnesses if necessary. In addition to physical injuries, medical doctors and therapists can provide critical documentation about the emotional damages caused by a motorcycle accident.
Severity of the Injuries
Part of successfully documenting an accident is receiving medical care. The moment of initial care, whether through emergency services or at a doctor’s office, marks the starting point for when an injury begins. Without medical care, many potentially damaging outcomes can occur.
Less severe injuries may not require immediate emergency assistance after an accident. However, an appointment with a primary care provider or physician is necessary to establish the health changes that often accompany a motorcycle accident. While many injuries appear immediately, other injuries only surface days or weeks later, creating challenges to diagnosis after an accident, particularly when treatment is delayed.
An Oklahoma motorcycle accident attorney will look at the costs for medical treatment to date, calculate for future care, determine the injuries’ impact on wages and earnings, and any other damages you suffered. Without this medical documentation, an insurance company will not see adequate proof of the extent of the injuries and their potential long-term impact. The extent of the injuries you suffer can have various economic impacts on compensation.
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Each Driver’s Percentage of Responsibility in the Accident
The settlement a motorcycle accident survivor receives depends on the percentage of fault assigned to each driver in an accident. The documentation collected to support the damages will be used to determine these percentages. For example, if the other driver in the accident is found to be 85% responsible for the accident, the motorcycle driver will then be assigned 15% of the responsibility in the accident, having their settlement reduced by their percentage of fault.
When the percentage of fault for each driver is more equally divided, the statements drivers give can critically impact how insurance companies award damages. An unethical strategy often used to misrepresent the details of the accident is misplacing blame, reducing the settlement amount. These strategies pinpoint the need for comprehensive legal representation in an Oklahoma motorcycle accident.
With injured motorcycle drivers and passengers often needing immediate medical care, the other driver will usually give the initial statement, setting the tone of the accident. Preserving the factors that impact an Oklahoma personal injury settlement begins when an accident occurs. Motorcyclists gain more control over the outcome of a settlement by ensuring that driven legal representation is on their side.
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Whether the Other Driver Is Insured
Every motor vehicle is required to have coverage to operate on roadways. This law is beneficial when followed, but recovering a settlement from an uninsured driver can be more challenging. The first option for a settlement is always with the other driver’s insurance company, but when none exists, a civil lawsuit must be filed against the other driver.
While this step seems straightforward, it is worth considering if the assets are there to cover a settlement or verdict in a personal injury lawsuit filed against the uninsured driver. It will also be imperative to consider the type of insurance you own. Additional coverage options may provide for your compensation regardless of fault.
There are significant penalties for driving without insurance in Oklahoma. In addition to coverage, both insurance companies will emphasize if motorcycle operational laws were observed. The failure to wear a helmet and if the injury could have been minimized through helmet use can contribute to the outcome of a settlement.
Increase Your Motorcycle Accident Settlement by Working with an Oklahoma Motorcycle Accident Lawyer
Motorcycle injury victims have the right to fair compensation for their damages. With a system that aims to decrease settlement payouts, working with a knowledgeable motorcycle accident attorney in Oklahoma is essential. BDIW Law will fight for your maximum compensation.
Injured motorcyclists pay nothing until we secure a settlement for you. A free case evaluation lets us understand your case better and help you confidently move forward and maximize your options to increase your settlement.
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