Ylla Gosney represents injured motorcycle accident victims in Norman, OK. If you’ve found yourself injured in a motorcycle accident, you’re most likely looking at extensive medical bills, property damage, and ongoing treatment costs. Just the financial toll alone can be overwhelming, especially when you’re unsure how to manage the aftermath on your own. But that’s where we can help.
At Ylla | Gosney Attorneys at Law, we will manage your motorcycle accident claim and recover all your costs, as well as additional compensation needed to get your life back on track. So while you focus on your recovery, we’ll take care of all your legal, medical, and financial needs. Don’t wait until it’s too late. Get the help you need by contacting us today for a no-cost, no-obligation case review.
Do I Need a Lawyer for a Motorcycle Accident?
When a motorcyclist is injured in an accident, they will usually face severe injuries and property damage that can be life-altering. For that reason, it is recommended to consult with one of our Motorcycle Accident Attorneys at Ylla | Gosney. If you were injured in a motorcycle accident, you can pursue compensation through the at-fault driver’s insurance. However, insurance companies are notorious for being difficult to work with and will most likely offer you a low settlement or even deny your claim.
Our law firm stands up for injured motorcycle accident victims and ensures they receive fair compensation from the insurance companies. The damages we secure for injured riders include:
- Economic damages: The financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of property repair or replacement
- Non-economic damages: These are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: These are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior (DUI, street racing)
- Actions performed out of spite
What You Will Need When Consulting with Our Lawyers for the First Time
The initial process of speaking with our law firm for the first time usually starts off with a questionnaire to assess the merits of the case. This questionnaire will provide us with key information to help determine if a case is worth pursuing or not. However, if you’d like to speak directly to one of our attorneys, you can set up a brief meeting to discuss the details of your situation prior to answering a questionnaire. The following data is what potential clients will need when they first sit down with us:
- Employment details: current or former employer, job title, dates of employment, and compensation information.
- Nature of the complaint: type of carelessness that led to your injury (premise liability, reckless driving, defective equipment)
- Timeline of events: dates of key incidents, formal complaints filed, relevant communications with the employer
- Witnesses: names and contact information of potential witnesses to the alleged misconduct
- Documentation: list of relevant documents (x-rays, MRIs, doctor’s diagnosis, physical therapy appointments, workers’ compensation forms)
- Prior legal action: if you’ve filed previous personal injury claims, then the details of your previous case may be relevant to your new case
- Medical information: details about your medical diagnosis and treatment plan
- Social media presence: your injury may be documented online, as well as you discussing the details of your personal injury
Some of these elements may seem irrelevant to your case, but trust us, they are not. Most defense lawyers will use anything they can to diminish the damage done to your life after a motorcycle accident. For example, if your social media account has videos of you speeding on your motorcycle or riding dangerously, they will most likely attempt to use that against you to say you’re a dangerous rider, even if you were safely riding when the accident occurred.
Traumatic Brain Injuries from Motorcycle Accidents
Whether a hazardous condition or a careless driver caused you to crash your motorcycle, if you’re not wearing a helmet, then you’re very likely to suffer a traumatic brain injury. These types of injuries tend to involve long-term, or lifelong, medical care to treat, which is why it is essential to always wear a helmet when riding a motorcycle.
It is important to understand the aftermath of a traumatic brain injury (TBI) doesn’t just end after an accident. Victims of TBIs tend to accumulate enormous medical bills and are likely to require long-term care. As a result, a traumatic brain injury case often settles amongst the highest figures among all personal injury claims, ranging anywhere from $100,000 to millions of dollars.
But with that said, it is difficult to provide an average settlement amount for brain injury cases. However, there are key factors that determine TBI settlement value:
- The severity of the injury
- The characteristics of the victim
- The value of our non-economic damages
- Whether you are awarded punitive damages
- The financial position of the at-fault party
At Ylla Gosney, Attorneys at Law, we believe that brain injury victims deserve fair compensation. However, every circumstance is different, and certain factors can bring value to the case or reduce what a case is worth. For more information, contact us today for a no-cost,no-obligation consultation.
Motorcycle Lane-Splitting Laws in Norman OK
For motorcyclists in Norman OK, lane splitting, or white lining, is the practice of riding between lanes of slow-moving or stopped traffic. This maneuver typically involves the motorcyclist traveling at a higher rate of speed than the surrounding vehicles. In places like California, this is a legal way to ride. But in the state of Oklahoma, lane-splitting is an illegal action that can result in a traffic fine. Furthermore, if lane-splitting causes an accident, the motorcyclist can be liable for the resulting damages.
If the motorcyclist suffers an injury while committing the illegal act of lane splitting, it may be challenging to recover financial compensation. This scenario is covered under Oklahoma’s Comparative Negligence Statute, which we will cover in the next section.
Oklahoma’s Comparative Negligence Law for Motorcycle Accidents
Oklahoma’s Comparative Negligence Law is considered a “50-percent” rule. Basically, the ability to pursue damages under comparative negligence applies when an accident victim is 49 percent or less liable for the accident. This percentage of fault can be decided by a police report, but all accident victims have the right to object to their assumption of fault, and ultimately have their fault decided by a judge and jury in court.
So, let’s say a driver caused your motorcycle accident because they drifted out of their lane and hit you. Failing to maintain your lane is illegal in the state of Oklahoma, and in this scenario, the driver would most likely be more than 50 percent at fault for the accident because they violated the law. If liability is in question in your case, and you fear you may be liable for the accident, contact Ylla Gosney today to discuss your case. Our firm will help you take the necessary steps to protect you from liability or eliminate it entirely, so you can recover compensation.
Proving Liability in a Motorcycle Accident
In Oklahoma, a person can be liable for causing injuries in a motorcycle accident if they did not act with reasonable care. When assessing liability, law enforcement and the courts will consider both parties’ actions and decide how careless they were being.
For example, let’s say a driver on East Main Street had a legal obligation to yield to you as you’re cruising down the downtown districts on your bike. The driver fails to yield and pulls out in front of you. You’re unable to stop and you crash into them, causing you serious injuries and damage done to your motorcycle. In this case, the driver would be responsible for your injuries because:
- They violated their duty of care: drivers have a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
- Their violation cause and accident: the other driver’s carelessness was a direct cause of your motorcycle accident
- Their actions caused damages: you suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident
If a violation of “duty of care” can be established then you will have proven the driver liable for the motorcycle accident. Establishing liability is also important to understanding the amount of compensation you can receive. However, there are other factors to consider when determining the value of your motorcycle accident.
Steps You Can Take to Strengthen Your Motorcycle Accident Case
A motorcycle accident can be life-altering, which is why it is important to collect the necessary evidence when building a case that could potentially get your life back after an accident. The following is a list of evidence needed to build a strong case:
- Medical Records: Even if your injuries seem minor, they can manifest into something much worse weeks later. So, it is recommended to check in with a doctor and get a record of your injury. An MRI or an X-ray can reveal substantial damage that you might not be aware of. These documents will be essential to building a strong case.
- Get a Police Report: Failing to alert the Norman Police Department does not help your case, especially if the case comes down to your word over the person responsible for your injuries. A police officer will file an accident report and may even assign blame based on their assessment. A police report is critical evidence in any claim and will play a key role in ensuring you are fully compensated.
- Gather Evidence: You should document the accident as thoroughly as possible. Take pictures of the property where the accident occurred. Take a video of yourself recounting the accident while it is still fresh in your mind.
- Eye Witness Statements: if there are any eyewitnesses, try and get a statement from them. Or, at least, get their names and numbers, as they can testify on your behalf or provide a statement to corroborate your story later.
- Collect Information: Exchange insurance information with the party responsible for your injuries, and be sure to get their name, phone number, and contact information.
Factors that Influence Compensation for a Motorcycle Accident
You may consider filing a personal injury claim if you’ve been injured in a motorcycle accident in Norman OK. Before filing, it is important to understand several factors that may influence the value of your settlement. The following factors include:
- Liability: the degree to which the defendant is found responsible for the injury can add value to your settlement. The more reckless the defendant’s actions, usually result in a higher settlement.
- Insurance coverage: the defendant’s insurance policy limits can cap the maximum settlement amount. If the defendant has an insufficient insurance policy, then alternate means of compensation will have to be pursued.
- Legal representation: the expertise and negotiation skills of a personal injury attorney will impact the outcome of your case.
- Contributory negligence: Oklahoma is a “50-percent” fault state, meaning if you were 50-percent or more at fault, then you will most likely not be able to recover compensation.
- Nature and extent of Injury: the cost of all reasonably necessary medical treatment and the estimated cost of future medical treatment are essential to the value of a case.
- Objective findings for physical pain: pain is a subjective thing, so, objective evidence is needed to support it in a personal injury case. This is usually presented in the form of X-rays and MRIs.
- Medical history of the victim: the prior medical history of the plaintiff comes into play if they were injured in the same area where they already have a medical history of issues. Under Oklahoma Law, the negligent party is not responsible for prior injuries unless they were made worse by the incident.
- Plaintiff’s age: the age of the victim comes into play if the injury may have been a result of “degenerative changes” rather than the careless act, or hazardous condition.
- The occupation of the victim: the amount the injured victim was making and the amount they can no longer make due to their injuries plays a large role in determining their settlement.
Contact Ylla Gosney, Attorneys at Law
If you or your loved one has been injured in a motorcycle accident in Norman, Oklahoma, Ylla Gosney Attorneys at Law can help. We understand that injured victims only have one chance at securing financial relief after a serious accident. That’s why we focus on getting your case resolved and getting you paid as quickly as possible.
Our firm has proudly managed numerous motorcycle accident cases, successfully protecting riders from liability and reaching fair settlements quickly and efficiently on their behalf. So, don’t wait until it’s too late to take legal action for your motorcycle accident injuries. Contact Ylla | Gosney today for a free, no-risk consultation and case evaluation. There are no upfront fees and you don’t pay a cent until your case is won.