Ylla Gosney, Attorneys at Law help people that have been injured in bicycle accidents in Oklahoma City. When you ride your bike, you have to be aware of traffic, pedestrians, and road conditions, but even a single pothole can cause a serious crash. If your accident was caused by potholes or something else due to poorly maintained roads, you still have legal options that our team can help you with. Contact us today for a free consultation to learn more.
Do You Need a Lawyer?
If your bicycle accident was caused by poorly maintained roads in Oklahoma City, dealing with the aftermath can be frustrating. For minor accidents, legal action may not be necessary. However, if you’re facing serious injuries and financial strain, navigating a claim against the city can be overwhelming. That’s where our team at Ylla Gosney comes in. We can:
- Explain your rights and how the process works.
- Gather evidence to support your claim.
- Figure out who exactly is responsible for the pothole or road defect that caused your accident.
- Negotiate with the city government or private insurance companies for a settlement.
- File a lawsuit against the city or state government.
Our firm has the experience and resources to handle these cases, and we offer free consultations with no upfront costs.
Who’s Responsible For a Bicycle Accident Caused by a Pothole in Oklahoma City?
If you’re injured in a bicycle accident due to a pothole in Oklahoma City, the key question is: Who’s responsible? The answer depends on where the accident happened.
In most cases, Oklahoma City is responsible for maintaining roads, including repairs, design, and general safety. If the city fails to fix hazards like potholes, they may be liable for your accident. However, if the accident happens outside city limits, on a highway, or private property, responsibility could fall on the state government or property owner instead.
Regardless, this is because failing to fix potholes or other issues effectively amounts to negligence. But once the city government is liable, the claims process changes slightly.
How Does the Claims Process Work After a Bicycle Accident in Oklahoma City?
Filing a claim after a bicycle accident caused by a pothole in Oklahoma City is different from a standard injury claim because the city government is involved. Under the Oklahoma Governmental Tort Claims Act (GTCA), you must follow a strict process to file a claim against the government:
- File a notice of claim – The first step is submitting a formal written notice to either the Office of the Risk Management Administrator of the Office of Management and Enterprise Services or to the clerk of the government subdivision (like the Oklahoma City Public Works department. This notice has to include details about the accident, your injuries, and the financial support you’re looking for.
- Response time – Once the claim is submitted, the government has 90 days to approve or deny your claim. If they ignore it, the claim is automatically denied after 90 days.
- Filing a lawsuit – If your claim is denied or unresolved, you have only 180 days (rather than the normal two years) to file a lawsuit. Missing this deadline can prevent you from being able to get any financial support.
Basically, this process removes an insurance claim from the equation, but you might still have this option if you later learn that the city government isn’t responsible for the particular stretch of road where the pothole was. Regardless, though, once you have a claim filed, you can recover damages like:
- Medical expenses – This covers hospital visits, surgeries, medication, therapy, and any necessary long-term care.
- Lost income – This provides financial support for income lost while recovering and any long-term impact on your ability to work.
- Property damages – This can pay for repairs or replacement of your bike, gear, and other damaged items.
- Pain and suffering – This covers costs associated with the physical and mental pain caused by the accident.
- Emotional distress – Similarly, this covers costs for the emotional and psychological effects of the accident, like anxiety, PTSD, or other trauma.
- Reduced quality of life – This covers costs relating to how the accident affects your daily activities and relationships.
- Wrongful death expenses – If the accident is fatal, your surviving family members may recover funeral costs and other damages from the city.
Remember, filing a claim against the city government works on an accelerated timeline, so it’s important to act quickly. But what’s more, you’re going to need to have to go a step further in putting together a strong case when you’re hurt in an accident caused by a pothole.
What Can You Do to Strengthen Your Claim Against the Oklahoma City Government?
It’s obviously pretty intimidating having to go up against the government in a claim for damages. But the reality is that you have the same rights and responsibilities here as you would with an accident against anyone else, and that means putting together the strongest claim possible by taking the following steps:
- Call 911 – As with any accident, the first thing you should do is call 911 for an ambulance and police response. EMTs can provide you with medical care at the scene and take you to the hospital for further care. The dispatcher should alert the OKCPD to the scene so they can document it and make note of what happened.
- Watch what you say – Watch what you say if you talk to anyone about the accident–especially police or city representatives. Don’t admit fault and make sure to stick to the facts of what happened, noting how the pothole or other road problem caused your accident.
- Document the scene – Right after the accident, take pictures and videos of the pothole, your injuries, and bike damage from different angles, including location markers to confirm the date and time. Note weather and traffic conditions, measure the pothole if possible, and get contact information from any witnesses.
- Stay on top of your health – Follow your doctor’s advice after initial treatment, go to all appointments, and keep copies of your medical records and bills. If your injuries get worse or don’t improve, tell your doctor so everything is documented.
No matter how careful you are, potholes and other road defects can lead to a serious bicycle accident. That’s why taking these steps are so important: it sets a solid foundation for a claim when you want to move forward.
Contact Ylla Gosney After a Bicycle Accident in Oklahoma City
Suffering an injury due to the city’s failure to keep the road safe is frustrating–and you shouldn’t have to worry about dangerous conditions when you pay taxes for proper upkeep. At Ylla Gosney, our team is here to guide you through the legal process and make you have the support needed for your recovery. If you or a loved one has been hurt in a bicycle accident caused by a pothole or some other negligent road maintenance in Oklahoma City, contact us for a free consultation.
