Oklahoma Car Accident Lawyers

Can I Get Support If I Was in an OKC Bicycle Accident Without a Helmet?

Oklahoma City does require all bicyclists to wear helmets, but that doesn’t affect a cyclist’s right to file an injury claim if struck by a careless driver. The motorist could still be held responsible for the bicyclist’s medical expenses and lost income while out of work.

Ylla|Gosney Attorneys at Law is an advocate for all Oklahoma City bicyclists. We represent cycling accident victims of all ages 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.

If I Wasn’t Wearing a Helmet Will I Have to Pay for My Bicycle Accident?

Not If a careless driver contributed to your accident. You may not have been wearing a helmet when you were struck, but that doesn’t erase all blame for the motorist to blame.

Oklahoma has no bicycle helmet law on the books covering the entire state. Only a few cities like Oklahoma City have bicycle helmet laws in place. Oklahoma City requires riders of all ages to wear helmets.

However, an injured rider without a helmet on doesn’t lose the right to file a lawsuit if a reckless driver causes a collision.  The driver must still answer for causing harm and the driver’s car insurance should be fully liable for the recovery costs the cyclist faces.

A cyclist may face a fine for not wearing a helmet, but that wouldn’t take away the victim’s ability to seek damages for injuries and damage to a bicycle.

Comparative Negligence in OKC Bicycle Accident Claims

Oklahoma City follows the legal concept of comparative negligence. In regards to a cycling accident, it would mean that a driver and a cyclist could share the blame in an accident.

A percentage of blame could be assigned to both parties, affecting how much an injured cyclist could receive in support. For example, a cyclist who was traveling illegally against traffic could face 30% of the blame for a crash. The motorist might face 70% of the blame for speeding and for failing to try to avoid a bicyclist. As long as the rider’s blame stayed under 50%, the victim could seek partial support for injuries. Compensation awarded to the rider would be reduced by the percentage of blame, in this case, reduced by 30%.

In some cases, an insurance adjuster may attempt to argue that the cyclist’s injuries would have been reduced if the rider had worn a helmet. It’s a tactic used to try to lessen the amount of support the insurer would have to pay.

However, a Ylla|Gosney Bicycle Accident Lawyer would gather evidence to reduce your share of the blame, increasing the support you could keep. Your attorney would fight back against any weak argument trying to blame you. If you weren’t to blame for any part of your accident, your lawyer would battle to get your liability reduced to zero with all the blame going to the careless driver.

Protect Yourself with a Bicycle Helmet

Bicycling is a fun and active way to get around Oklahoma City. Unfortunately, riders who must cross streets or ride alongside vehicles will always be at risk from distracted and reckless drivers.

All riders should wear helmets. It’s an easy way to protect the skull and the brain inside. Bicycle helmets save lives and can help prevent serious injuries.

The National Library of Medicine published a study that found the use of bicycle helmets reduced all head injuries by 48%. The figures also showed that serious head injuries were cut by 60%. Facial injuries for riders drop by 23%.

It’s a life-saving choice to wear a helmet. However, this doesn’t mean that riders struck by careless drivers don’t deserve support as they deal with a difficult recovery. Riders must get the compensation needed to recover physically and financially and to be able to return to their bikes.

What Type of Bicycle Accident Compensation Should I Demand from Drivers?

Your lawyer ensures that a car insurance company can’t ignore any of the damages a careless driver caused. Your attorney will be asking for compensation for these and other factors:

  • Compensation for all medical bills and physical therapy costs and estimates on care that could be necessary in the years ahead.
  • Long-term compensation for victims who suffer permanent physical disabilities or disfigurements.
  • Support for the physical pain victims are forced to endure.
  • Support for the emotional trauma victims are forced to cope with. This might include a loss of enjoyment of life if badly injured riders can’t get back on their bikes again.
  • Money to pay for transportation costs to get to doctor’s appointments and to see out-of-state specialists.
  • Compensation for the lost income victims suffer while out of work.
  • Money to replace a bike and other property that’s been damaged.
  • In the case of wrongful death, money so that families can pay for a funeral and pay off remaining medical bills. Close relatives should also get help in replacing the income the deceased can no longer provide the family. They could also ask for support for the care and guidance that will no longer be available to a spouse and children in the future.

Contact an Oklahoma City Bicycle Accident Attorney

We have an extensive background in safeguarding bicycle accident victims. At Ylla | Gosney Attorneys At Law, we want safe bicycle rides for every rider. We also want to fully safeguard victims if they are forced into a serious accident by a dangerous driver. We offer a free, no-obligation case review with a real Oklahoma City Bicycle Accident Lawyer. Contact us to find out what your injury is worth.

Keep in mind that you won’t need any upfront money if you do need our services. We don’t accept payment unless we win your bicycle accident injury case. Then our fee comes out of the settlement you receive. We also adjust our fees to make sure you keep what you need to rebuild your life and return to the bike rides you love.