Ylla | Gosney represents motorcycle accident victims in Choctaw. If you or a loved one has been injured in a motorcycle accident, the Motorcycle Accident Attorneys at Ylla | Gosney can get you the compensation you need. Motorcycle accidents tend to be horrific collisions, resulting in life-altering injuries. Unfortunately, after an injury-related accident, most victims are unaware of their rights or what they can do to protect their health and financial future. Fortunately, that’s where Ylla | Gosney can help.
Our team of Motorcycle Accident Attorneys will ensure you take the proper legal steps to protect your right to compensation for medical bills, property damage, and the trauma you’ve been forced to endure. Don’t let a motorcycle accident injury define the rest of your life. Contact Ylla | Gosney today for a free consultation and case evaluation.
Do I Need a Lawyer for a Motorcycle Accident?
One thing injured motorcycle accident victims don’t realize until it’s too late is how expensive motorcycle accidents can be for victims and their families. According to the Insurance Information Institute, motorcycle accidents have an average of around $16 billion in damages each year. For that reason, it is recommended to consult with the Motorcycle Accident Attorneys at Ylla | Gosney to receive full compensation for your damages after being injured in a motorcycle accident.
While it is common for insurance companies to blame motorcyclists for accidents or deny their claims entirely, Ylla | Gosney protects injured motorcyclists’ right to fair compensation, regardless of who was at fault. If you’ve been injured while riding in Choctaw, our firm will ensure you’re compensated for the following damages:
- 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 constantly getting injured, or putting yourself in harm’s way, they will most likely attempt to use that against you to say you’re injury prone, even if you were being safe when the accident occurred.
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 Choctaw 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.
Common Dangers that Cause Motorcycle Accidents
In 2017, according to Berkley University, nearly 22% of all motorcycle accidents were fatal or ended in severe injuries. These horrific accidents are common in Choctaw due to the lack of awareness from other motorists and the amount of risk involved with using a motorcycle in high-traffic areas like Los Angeles. The following dangers are the leading causes of motorcycle accidents:
- Absence of barriers: motorcyclists are not protected by metal, airbags, or seat belts like a typical car. The only preventative barrier is their helmet.
- Reduced Stability: Motorcycles can travel at high speeds, but at the cost of stability, making them susceptible to other vehicles, harsh weather, and hazardous road conditions.
- Reduced Visibility: Motorcyclists are less noticeable to other vehicles, especially at night.
- Poor Road Conditions: debris and other objects on the road might be easy for a car to ride over, but a motorcyclist is at a much higher risk if the road surface has been compromised.
Most Common Causes of Motorcycle Accidents
According to SAFETrec, 13% of all accidents in the United States involved motorcycles. This mainly due to careless drivers failing to share the road safely with motorcyclists. The most common vehicle collisions with motorcycles include:
- Distracted Driving: even momentary glances can cause devastating accidents. Distracted driving can be proven through camera footage, cell phone records, and collision investigations.
- Speeding: speeding only increases the severity of accidents and is a leading contributor to fatal motorcycle accidents every year in Choctaw. A driver’s CPU data can potentially reveal their speed before an accident.
- Moving violation: running red lights, illegal U-turns, or failing to yield can disrupt the flow of traffic, leading to major accidents. These illegal actions can typically be proven by traffic camera footage and eyewitnesses.
- Driving under the influence (DUI): this action is one of the leading causes of fatal motorcycle accidents in Choctaw.
- Lane-splitting: occurs when motorcyclists ride between lanes of traffic, which can lead to accidents if drivers are not aware of the motorcyclist.
What Influences Settlement Value in a Motorcycle Accident Injury Claim?
You may consider filing a personal injury claim if you’ve been injured in a motorcycle accident in Choctaw. 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.
- Comparative negligence: Oklahoma’s Modified Comparative Negligence Law is considered a “50-percent” rule. Basically, the ability to pursue damages under comparative negligence applies when a crash victim is 49 percent or less liable for the accident.
- 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. In Oklahoma, 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 Choctaw Motorcycle Accident Lawyers
At Ylla | Gosney, 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 Choctaw motorcycle accident injury. 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.