Answers To Common Motorcycle Accident Questions
Since 1985, we at Dawkins & Gowens Law Firm have offered our clients injured in motorcycle accidents compassionate, comprehensive services. We provide advice and, when needed, advocacy in court to secure our clients’ compensation. That said, we also know that accident victims have many questions about the process, and we are here to answer them.
Some of the questions we receive most frequently about motorcycle accidents are:
How are motorcycle accidents legally different from car accidents?
In one sense, motorcycle accidents are no more legally complex than car accidents. Many of the same laws apply in terms of coverage and comparative fault. However, since injuries are more complex and individual operator laws are different for motorcycles and cars, the opposition to your compensation can be much steeper.
Additionally, motorcycles contend with road hazards much differently than cars. Bumps, cracks, slickness, sand and other obstacles a car would barely notice can cause a motorcycle accident. Who is responsible for those road hazards?
Now consider that the proper operation of a bike depends on proper maintenance and equipment. Bikers know this intrinsically, but they are reliant on their maintenance shop and the bike manufacturers. If those measures fail and lead to injuries, this also complicates the possible target for compensation.
In short, the increased physical vulnerability is reflected in the legal realities of a motorcycle accident.
What should I do after an Oklahoma City motorcycle accident?
As with any accident, there are many important steps you should take. They are:
- Seek medical treatment
- Gather evidence, if possible
- File a police report
- File an insurance claim
However, it would be best if you took care during these stages as missteps here can vastly impact the possibility for compensation. After an accident, contacting an attorney is a highly recommended step as without legal guidance, you may find yourself on difficult legal ground.
How long will my motorcycle accident claim take?
There is no set length of time for any personal injury case. In Oklahoma, you must file any lawsuit related to a vehicle accident within two years. Aside from that deadline, the length of your case will depend on the various legal variables, such as:
- Who was at fault in the accident?
- How significant were the injuries in the accident?
- Did the at-fault party have proper insurance?
- Were you at fault to any degree?
- Were there any complicating aspects to the accident?
These questions may seem straightforward, but answering them takes time, investigation and evidence. Occasionally, cases may settle within months, but you may have to prepare for extended litigation to get the compensation you deserve.
What should I say to the insurance company after my motorcycle crash?
If you must speak with an insurance company regarding your claim, brevity is always a smart strategy. Taking caution when speaking to an insurance company is wise for many reasons because they are not on your side when it comes to your case. They want to pay as little for your injuries as they can. To that end, they will imply that your fault in the accident is greater than it is. They will imply that your injuries aren’t “worth” what they have cost you.
The insurance company’s questions and interviews are designed to discourage you from seeking compensation. However, if your injuries leave you with extensive bills, you have every right to pursue compensation.
What can Dawkins & Gowens Law Firm do for my motorcycle accident claim?
We provide hands-on, experienced personal injury representation. We have been working in this area for decades and will advocate for your best interests. When insurance companies try to minimize or trivialize your injuries, we will be there to make sure your voice is heard.