Ylla Gosney, Attorneys at Law helps people in Tulsa when they’re injured in a bicycle accident. As a rider, you know that you have very little control over being in an accident. But one thing you do have control over is wearing a helmet. Even if you’re not, it doesn’t necessarily impact your ability to file a claim. But it will factor in, and our team can help you through the process. Contact us today for a free consultation.
Why Would I Need a Lawyer After a Bicycle Accident?
You’re not legally required to hire a lawyer after a bicycle accident–but having one can make a big difference, especially if your injuries are serious or the situation is complicated. And if you weren’t wearing a helmet at the time, your situation could get even trickier.
At Ylla Gosney, we’ve helped many cyclists in Tulsa through tough moments like these. We can:
- Break down your legal options in plain English
- Investigate who was at fault
- Help collect and organize key evidence
- Handle conversations with the insurance companies
- Take the pressure off so you can focus on getting better
We’re here when you need us. Just know that if you weren’t wearing a helmet, it’s probably going to affect how your claim is handled–but it doesn’t mean you’re out of options.
What Options Do I Have For Filing a Claim After a No-Helmet Bicycle Accident?
A bicycle accident is overwhelming enough on its own. Add in the fact that you weren’t wearing a helmet, and suddenly it feels like everything’s stacked against you. But here’s the truth: you still have options. If someone else caused your crash, you can usually file a claim to recover what’s called damages–a legal term for the costs and losses tied to your injuries. To do that, though, you can either:
- File an insurance claim out of court.
- File a personal injury lawsuit.
The insurance claims process in this situation is going to be a bit tricky. Even though someone else caused the accident and is at-fault, the insurance company is probably going to argue that because you weren’t wearing a helmet, your injuries were made far worse than normal. As such, they’ll try to use that as a reason to not pay you as much. That’s called “comparative negligence”, and in Oklahoma, it can impact how much money you recover–but it doesn’t stop your case from moving forward.
If you’re not happy with the insurance company’s offer, you can file a lawsuit in civil court. It’s a bigger commitment–lawsuits take more time, involve more paperwork, and move through a slower process. You may need to answer questions under oath or attend a hearing. It’s not always quick or easy.
But here’s why it’s worth considering: a lawsuit gives you a shot at a fair outcome.
Instead of letting the insurance company control things, your case gets heard by a judge or jury. That makes a big difference–especially when your injuries are serious and the offer on the table just doesn’t cover what you’ve been through. In a lawsuit, you’re going after “damages” that usually includes:
- Medical expenses and ongoing care costs
- Lost wages from missed work, or a loss of future earnings if you can’t work anymore
- Repair costs for the damage to your bike and other property
- Costs relating to your pain, suffering, emotional distress, and reduced quality of life
- Funeral or burial expenses if your injuries are fatal
As with any claim, there are time limits in place. You only have two years from the accident date in Oklahoma to file. If you miss this deadline, you can’t file a claim at all–or recover damages.
What Should I Do If I’m in a No-Helmet Bicycle Accident?
Not wearing a helmet doesn’t mean you’re out of luck when it comes to a legal claim–but it does mean you’ll need to be extra mindful about how you handle things right after the accident. The steps you take can make or break your case later on, so here’s what you need to do:
- Get medical help right away – Even if you think you’re okay, don’t wait to get checked out—especially after hitting your head. Call 911 for an ambulance. EMTs can look you over at the scene, especially with head and facial injuries that aren’t always obvious at first, and the shock of the crash can hide symptoms. The ambulance can take you to the ER, but if you’re under your own power, see your doctor as soon as you can. This protects your health and creates a clear medical record tied to the accident.
- Work with police – If possible, have the 911 dispatcher send the local police to the scene. This is usually the Tulsa PD. They’ll document the accident and get insurance information from others involved, which you can use to start your claim.
- Get information from the driver – If officers don’t respond to the scene, you’ll need to collect the details yourself. Get the driver’s name, insurance info, license plate number, and the make and model of their car. This will be very important for filing an insurance claim later.
- Look for witnesses – Chances are, there will be witnesses to the accident. If anyone saw the accident, ask for their name and contact information. A witness can make a big difference–especially if the other driver tries to deny fault.
- Document the accident yourself – Use your phone to document the scene. Take pictures of your bike, your injuries, the car that hit you, the road conditions, and anything else that seems relevant (like skid marks or traffic signs). These details fade fast once the scene clears.
- Be careful with statements – Always be careful with any statements you make. Don’t admit any fault or even say “I’m sorry.” On the other end, make note of any comments the driver makes, like “I didn’t see you.” This could help you pin down liability.
Following these steps will help you form a solid foundation for your claim, but even more importantly, it’ll address your health and safety. Head injuries are incredibly damaging and need to be taken care of right away to get you on the path to getting better.
Who Pays For My Damages in a No-Helmet Bicycle Accident?
Whether you’re wearing a helmet at the time of the accident or not, the person who caused the accident is typically the one who pays for the damages. This could include:
- A driver who was distracted or speeding
- A city crew that failed to fix or mark a dangerous pothole
- A manufacturer if defective bike or car parts caused the accident
This all falls under negligence–when someone fails to act with reasonable care and causes harm to others. And while this sets the legal responsibility for paying for your losses, it’s also going to come down to just how injured you are.
How Injured Can I Get in a No-Helmet Bicycle Accident?
You might be surprised to learn that there’s actually no statewide law in Oklahoma that says you have to wear a bike helmet. That said, when you don’t wear one, you risk serious head, face, and neck injuries like:
- Traumatic brain injuries (TBIs) and concussions
- Skull fractures or broken facial bones
- Damage to your jaw, nose, or teeth
- Scarring or permanent facial disfigurement
- Ear injuries or hearing loss
These injuries don’t just affect your health–they can change your ability to work, drive, and live your daily life. That’s why personal injury claims exist: to help you recover and move forward after an accident.
Local Support After a No-Helmet Bicycle Accident in Tulsa
At Ylla Gosney, we’re not just a law firm–we’re part of the Tulsa community. We know the local roads, the traffic issues, and the challenges that you and other bicyclists face here. Whether your accident happened downtown, in Midtown, or along the River Parks Trail, we’re here to guide you through what comes next–even if you weren’t wearing a helmet at the time. Get in touch today for a free consultation. We’ll give you clear advice and help you figure out the best steps to take.
