Tulsa Motorcycle Accident Attorneys
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Nearly 5,000 motorcyclists died in crashes in 2018. Motorcycle accidents are often devastating, and proving negligence is an uphill battle. Our Tulsa motorcycle accident attorneys at Enlow Law understand what’s at stake in your case, and we provide practical, affordable solutions you can trust.
If you or a loved one has been injured in a motorcycle accident, contact our Tulsa motorcycle accident attorneys online or by calling (918) 212-5359.
How Motorcycle Accidents Happen
Motorcycles are smaller, lighter, and faster than passenger vehicles, making them harder for other drivers to detect. That invisibility problem, combined with road hazards and driver inattention, produces crashes with catastrophic results. Common physical factors include wet pavement, road debris, reduced visibility, and inexperience. Weaving between lanes compounds risk further.
Among the most dangerous collision types is the left-turn crash, where a car or truck turns left in front of an oncoming rider who has almost no time to react. Rear-end collisions are especially dangerous because a rider has no structural protection and can be launched from the bike. Lane-change accidents occur when drivers fail to check blind spots or signal before merging, often sending a rider into guardrails or oncoming traffic. The contributing factors in any crash directly affect a rider’s ability to pursue a claim.
Understanding Liability in Motorcycle Accidents
Liability is the legal responsibility for your safety and the safety of others on the road. When someone neglects that responsibility, they’re negligent, and negligence is the foundation of almost every motorcycle accident claim. The court evaluates fault to determine how much in damages to award and what penalties apply to the responsible party.
Because motorcycles are particularly vulnerable, car and truck drivers are often held responsible. Speeding, running red lights, and merging without signaling are common forms of driver negligence. Motorcyclists can also be negligent, particularly when riding under the influence or operating recklessly.
Determining Fault Under Oklahoma’s Comparative Negligence Rule
Oklahoma follows a modified comparative negligence rule under 23 O.S. § 13, which means an injured rider can recover damages as long as their share of fault doesn’t equal or exceed 51 percent. If you’re found partially at fault, your damages award is reduced proportionally by your percentage of fault. If your fault reaches 51 percent or more, you’re barred from recovering anything. Insurance companies routinely argue that the rider was partially or mostly responsible, pointing to speed, lane position, and helmet use to shift the percentage in their favor.
How Courts Evaluate Negligence
To determine each party’s percentage of fault, the court considers four factors:
- Whether both drivers exercised reasonable caution
- Whether the accident resulted in actual injuries
- Whether a reasonable person would conclude that a driver’s conduct was negligent
- Whether the injuries were a direct result of that negligent conduct
Once the court has the full picture, the judge decides who bears what share of fault and how damages are allocated. If a motorcyclist contributed to the accident in any way, the opposing party will likely argue they bear equal or greater responsibility.
Oklahoma Motorcycle Laws That Affect Your Claim
Several Oklahoma statutes come into play when a rider pursues an injury claim, and understanding them before you reach the negotiating table matters.
Helmet Use & Protective Eyewear
Under 47 O.S. § 12-609, Oklahoma doesn’t require riders age 18 and older to wear helmets, though riders without a windshield must wear protective eyewear or a face shield. That freedom doesn’t eliminate helmet use as a trial issue. Defense attorneys and insurers routinely raise it to argue that a rider’s head injuries were worse than necessary, which can affect the damages calculation.
Lane Splitting Prohibition
Lane splitting is prohibited in Oklahoma under 47 O.S. § 11-1103. Evidence that a rider was splitting lanes at the time of the crash can be used to argue comparative fault and reduce or eliminate recovery.
Statute of Limitations
Oklahoma’s statute of limitations for personal injury claims, including motorcycle accidents, is two years from the date of the crash under 12 O.S. § 95. Missing that deadline permanently bars a rider from seeking any compensation, regardless of how strong the underlying case is.
Protect Your Right to Compensation After a Motorcycle Accident
You don’t have to pursue compensation alone. Our attorneys at Enlow Law bring over 30 years of combined experience in Oklahoma courts. We investigate your accident, build a case strategy, and prepare a court-ready approach to pursue the compensation available under the law. Financing options are available to help manage legal costs along the way.
Don’t wait. Schedule your consultation with our Tulsa motorcycle accident attorneys today by calling (918) 212-5359.