January 14, 2024 | Motorcycle Accidents
The National Highway Traffic Safety Administration (NHTSA) cites data showing that more than 80 percent of motorcycle accidents lead to rider injuries. Motorcycle passengers are no less vulnerable than the motorcyclists themselves. You may be wondering: Can you still bring a personal injury claim if you were injured as a motorcycle passenger? The answer is “yes”—you have the right to pursue compensation for your damages. Within this article, our Oklahoma City motorcycle accident lawyer provides an overview of motorcycle passenger rights after a crash in Oklahoma.
Motorcycle Passengers Have Every Right to Bring a Claim in Oklahoma
As a starting point, it is important to state it clearly: Injured motorcycle passengers can bring a claim for financial compensation after an accident in Oklahoma. Indeed, the rights of a motorcycle passenger are no less than the rights of a motorcyclist. Whether it is for medical bills, loss of income, pain and suffering, or other damages, you are still entitled to seek compensation for the harm you have endured due to someone else’s negligence. Do not assume you lack rights.
Oklahoma is an At-Fault, Modified Comparative Negligence State
Who is liable for a motorcycle accident in Oklahoma? It depends. To begin with, it is important to understand that Oklahoma is an at-fault motor vehicle accident state. The at-fault standard applies to all types of crashes, including motorcycle accidents. Who can be held liable for a motorcycle passenger’s injuries? Any party who contributed to the collision through their negligence. In other words, a motorcycle passenger in Oklahoma may have a claim against:
- A driver.
- A trucking company.
- A motorcycle manufacturer; and/or
- The motorcyclist.
Notably, Oklahoma operates under a modified comparative negligence system of liability (Okla. Stat. Ann. Tit. 23 § 13). Each party to a crash is responsible for their “share” of the blame. Imagine that you are hurt in a motorcycle collision as a passenger at an intersection in Oklahoma City. If a driver is deemed 80 percent liable for the crash and the motorcyclist is deemed liable for 20 percent of their crash, they would each bear a proportionate level of liability for your damages.
Note: Motorcycle passenger injury claims are generally brought against insurance companies. If the motorcyclist himself/herself was responsible for your injuries, you may have a claim for financial compensation through his or her insurance company.
Every Motorcycle Crash Requires a Thorough Investigation
As a motorcycle passenger who was hurt in a crash in Oklahoma, you do not want to stand back and simply wait passively for other people to look out for your rights and your interests. A proactive approach is a must. Among other things, this includes working with a top-tier Oklahoma motorcycle accident lawyer who can conduct a comprehensive, detail-driven investigation of the crash. Investigating a motorcycle crash is crucial. It is not just about figuring out what happened but also about understanding who is at fault and ensuring that you have access to all of the evidence that you will need to bring a successful claim. As a motorcycle passenger, you should be aware that this investigation will play a key role in your claim.
Injured Motorcycle Passengers in Oklahoma Need the Maximum Compensation
Hurt as a crash as a motorcycle passenger in Oklahoma City, Edmond, or elsewhere in the wider region? It is imperative that you are able to secure the financial support that you need to pay your bills and provide for your family. Unfortunately, the insurance companies that are on the other side of motorcycle crash claims do not make things easy on people. They want to pay out as little as possible to motorcycle passengers. At McGuire Law Firm, we are committed to fighting tirelessly to help victims and families secure the absolute maximum settlement or verdict. Injured motorcycle passengers in Oklahoma may be entitled to recover compensation for:
- Ambulance costs and emergency room care;
- Hospital bills and other medical expenses;
- Loss of wages and loss of earning power;
- Pain and suffering and mental distress;
- Long-term disability or physical impairment; and
- Wrongful death of a family member.
Contact Our Oklahoma City Motorcycle Passenger Injury Attorney Today
At McGuire Law Firm, our Oklahoma City motorcycle accident lawyer fights tirelessly to protect the rights of people who need help the most. Hurt in a crash as a passenger? We can help. Give us a call now or contact us online for your no-cost, no-obligation case review. With law offices in Oklahoma City and Edmond, we represent injured motorcyclist passengers throughout the whole region.