Yes. If you failed to wear a motorcycle helmet and were hit by a careless driver, the driver is still liable for every medical cost until you are fully recovered. Oklahoma law only requires riders under 18 to wear a helmet but helmet use should not impact how much injured victims can secure in a injury settlement.
Ylla|Gosney Attorneys at Law is an advocate for all Oklahoma City motorcyclists. We represent motorcycle accident victims and make sure they receive support to pay for the best medical care available after a scary collision. Contact us today to schedule a free, no-obligation consultation.
Can I Hold a Careless Driver Accountable for a Motorcycle Accident If I Wasn’t Wearing a Helmet?
Yes. The fact that a motorcycle accident victim was not wearing a helmet doesn’t get a careless driver off the hook. A driver is still accountable for making a dangerous turn in front of a rider or switching lanes without checking mirrors or blind spots.
After a collision caused by a reckless motorist, victims would be well within their rights to file an injury claim. The claim would target the car insurance provider for the at-fault driver. Victims would need to seek support to pay all current and future medical bills and help with cost of living expenses while an injured rider couldn’t go to work.
These are just basic levels of assistance that all drivers should provide injured victims. The use of a helmet or not should never mean that a bad driver escapes justice for causing a serious crash.
Do I Have to Wear a Motorcycle Helmet in Oklahoma?
Riders 18 years old and up do not have to wear a helmet. Riders under 18 years old would need to put a helmet on.
Oklahoma Vehicle Code § 32-525. explains the helmet requirement in the state:
“No person under 18 years of age shall operate or ride upon any motorcycle or motor scooter unless such person is equipped with and wearing on the head a crash helmet of a type which complies with standards established by the Department of Public Safety. All crash helmets shall consist of lining, padding and chin strap which shall be fastened in such a manner as to hold the helmet securely on the head and be of the type as not to distort the view of the driver.”
Riders in Oklahoma 18 years and up aren’t required to wear a helmet. A rider under 18 caught without a helmet might face a citation, but that should never affect who must accept the blame for the accident.
How Can an OKC Motorcycle Accident Lawyer Help Me Win My Case?
Your Oklahoma City Motorcycle Accident Lawyer fully investigates what happened to you and the careless driver’s record. Ylla|Gosney Attorneys at Law would track down witnesses, request security footage, and secure every piece of evidence available. Building a strong case will be critical to the success of your case and in keeping you from having to pay for an accident you didn’t cause.
Car insurance companies like to blame motorcyclists for every accident, no matter who was actually at fault. Your lawyer is a safeguard when insurance adjusters try to change the facts of what happened. Those adjusters might also try to downplay your injury, so they can get you to accept less in recovery money.
Adjusters can also try to get you to accept partial blame for a collision because this allows them to leave you with part of the financial responsibility. They could even try to claim your injuries would have been less severe if you had been wearing a helmet. These are weak arguments that your lawyer would be prepared to bat away. Your lawyer is prepared with the evidence to make sure 100% of the blame remains with the driver.
Your lawyer protects you from these common tactics and demands the absolute most available for your injuries on your behalf.
Compensation Available for OKC Motorcycle Accident Victims
Part of securing the maximum in compensation available will be the important step of listing every hardship the motorcycle accident victim has endured since the accident. This includes the difficulties suffered on the day of the accident, in the emergency room, and during a difficult recovery during the weeks and months ahead.
In a motorcycle accident injury settlement check, you can recover the following damages with our assistance:
- Support to pay current and future medical expenses
- Expenses related to physical therapy
- Lifetime support if you suffer a permanent disability
- Support for the physical pain you endure
- Support for the emotional trauma you are put through
- Compensation for loss of enjoyment of life
- Costs for caregiving and transportation services
- Replacement of lost wages or loss of future income
- Money for a new motorcycle
- Wrongful death expenses for families who lose a loved one in a motorcycle crash
Contact an Oklahoma City Motorcycle Accident Lawyer
If your motorcycle accident somehow leaves you with only very minor injuries and/or motorcycle damage, you might not need the help of a lawyer. But if you endure a serious injury, like a broken bone, or head trauma, it’s a good idea to have a lawyer who can watch over your case and make sure you receive enough support to rebuild your life.
At Oklahoma’s Ylla|Gosney Attorneys at Law we want to protect injured victims until they are able to get back on their motorcycles. We fight for the rights of injured motorcyclists whether they were wearing helmets or not. Schedule a free, no-obligation case review to find out what your case may be worth. You’ll be speaking with a real Oklahoma City Motorcycle Accident Lawyer.
If you do need our help to get fair treatment, you don’t have to worry about how you’ll afford to pay us. We don’t get paid unless we win your case. Then our fee comes out of the settlement money you receive. We also adjust our fees to make sure you keep what you need to rebuild your life
