Motorcycle Accident Lawyer in Tulsa: What Oklahoma Riders Need to Know

• Left-turn accidents are the most common and deadly type of motorcycle crash. A vehicle turning left in front of an oncoming motorcycle accounts for a disproportionate share of fatal motorcycle collisions. The driver turning left is almost always at fault.
• Oklahoma requires helmets for all motorcycle operators and passengers under 47 O.S. § 12-609. Failure to wear a helmet can reduce your recovery if you suffered a head injury, because the defense will argue the injury was worsened by the helmet violation.
• Lane splitting is illegal in Oklahoma. If you were riding between lanes of traffic at the time of the crash, the defense will use it to assign comparative fault to you.
• Oklahoma's modified comparative fault rule (23 O.S. § 13) applies. If you are found more than 50% at fault, you recover nothing. As long as your fault does not exceed 50%, you can still recover, with your damages reduced by your percentage of fault.
• Anti-rider bias is a real and documented problem. Insurance adjusters and jurors often assume motorcyclists are reckless. An experienced attorney counters this with accident reconstruction, dashcam footage, and expert testimony.
• The statute of limitations is two years under 12 O.S. § 95. For wrongful death claims arising from a fatal motorcycle crash, the two-year period runs from the date of death under 12 O.S. § 1053.

Motorcycle accident cases in Oklahoma are complicated by anti-rider bias, Oklahoma's helmet law (47 O.S. § 12-609), the prohibition on lane splitting, and the modified comparative fault rule (23 O.S. § 13). Left-turn accidents are the most common cause of serious motorcycle crashes. Riders have two years to file a personal injury claim under 12 O.S. § 95. An experienced attorney can counter anti-rider bias through accident reconstruction, witness testimony, and expert analysis.

Motorcycle riders face unique dangers on Oklahoma roads. Without the protection of an enclosed vehicle, a crash that might be a minor fender-bender for a car driver can be catastrophic for a motorcyclist. Road rash, broken bones, traumatic brain injuries, and spinal cord injuries are all common outcomes of motorcycle accidents, and the medical costs can be staggering. What makes these cases particularly challenging is not just the severity of the injuries, but the pervasive bias against riders that insurance companies exploit at every stage of the claims process.

Common Causes of Motorcycle Accidents in Oklahoma

Left-turn accidents. A vehicle turning left in front of an oncoming motorcycle is the single most common and deadly type of motorcycle crash. The turning driver typically claims they did not see the motorcycle, which is often true, but not seeing a motorcycle that is lawfully operating in plain view is itself negligence. The driver turning left has a duty to yield to oncoming traffic, and failure to do so is a clear violation of 47 O.S. § 11-402. In most left-turn motorcycle accidents, the turning driver is at fault.

Rear-end collisions. A vehicle following too closely and striking a motorcycle from behind. Motorcycles can stop more quickly than passenger vehicles, and drivers who follow too closely frequently rear-end riders who brake for traffic or road hazards. Rear-end collisions can cause the rider to be thrown forward over the handlebars, resulting in severe injuries.

Lane change accidents. A driver changing lanes without checking their mirrors or blind spot. Motorcycles are smaller than passenger vehicles and can be difficult to see in a driver's blind spot. Drivers have a duty to check their blind spot before changing lanes, and failure to do so is negligence.

Distracted driving. Drivers looking at phones, navigation systems, or other distractions. Distracted driving is a leading cause of all vehicle accidents in Oklahoma, and motorcyclists are particularly vulnerable because they are smaller and harder to see than other vehicles.

Road hazards. Potholes, gravel, debris, uneven pavement, and railroad crossings that are minor inconveniences for cars can be deadly for motorcycles. A pothole that a car drives over without incident can cause a motorcycle to lose control. If a road hazard caused your crash, the government entity responsible for maintaining the road may be liable, though government entity claims in Oklahoma require a Notice of Tort Claim within one year under 51 O.S. § 156.

Drunk and impaired drivers. Impaired drivers are a disproportionate cause of fatal motorcycle accidents. If the driver who hit you was under the influence of alcohol or drugs, you may be entitled to punitive damages under 23 O.S. § 9.1 in addition to compensatory damages.

Oklahoma Motorcycle Laws That Affect Your Claim

Helmet requirement (47 O.S. § 12-609). Oklahoma requires all motorcycle operators and passengers to wear a helmet that meets federal safety standards. If you were not wearing a helmet and suffered a head injury, the defense will argue that your head injuries were caused or worsened by your failure to wear a helmet. This is called the "helmet defense," and it can reduce your recovery for head injuries under Oklahoma's comparative fault law. It does not affect recovery for injuries to other parts of your body.

Lane splitting prohibition. Lane splitting, the practice of riding between lanes of slow or stopped traffic, is illegal in Oklahoma. If you were lane splitting at the time of the crash, the defense will use it to assign comparative fault to you. The percentage of fault assigned will depend on the specific circumstances, but it can significantly reduce your recovery.

Motorcycle endorsement requirement (47 O.S. § 6-101). Oklahoma requires a motorcycle endorsement on your driver's license to legally operate a motorcycle. If you did not have the required endorsement, the defense may argue it as evidence of inexperience or negligence, though the lack of an endorsement alone does not bar recovery.

Modified comparative fault (23 O.S. § 13). Oklahoma's modified comparative fault rule applies to motorcycle accident cases. If you are found to be more than 50% at fault for the crash, you cannot recover anything. As long as your fault does not exceed 50%, your damages are reduced by your percentage of fault, but you can still recover. Insurance companies routinely try to assign as much fault as possible to the motorcyclist to reduce or eliminate the claim.

Why Insurance Companies Target Motorcycle Riders

Anti-rider bias is a documented phenomenon in personal injury litigation. It is commonly reported that jurors and insurance adjusters often assume that motorcyclists are risk-takers who bear some responsibility for their own injuries, regardless of the actual facts of the crash. Insurance companies are aware of this bias and exploit it systematically.

Common tactics used against motorcycle riders include:

• Speeding allegations. Claiming the rider was traveling above the speed limit, even without evidence, to assign comparative fault.
• Reckless riding allegations. Claiming the rider was weaving, accelerating aggressively, or otherwise riding recklessly, based on nothing more than the fact that the rider was on a motorcycle.
• Helmet defense. In cases involving head injuries, arguing that the rider's injuries were caused or worsened by failure to wear a helmet or failure to wear a properly fitted helmet.
• Low initial offers. Offering a quick, low settlement before the rider has had time to understand the full extent of their injuries or consult an attorney.
• Recorded statement requests. Asking the rider to give a recorded statement immediately after the crash, before they have had time to consult an attorney, in hopes of capturing statements that can be used to assign fault.

An experienced motorcycle accident attorney knows how to counter these tactics. Accident reconstruction experts can establish the actual speed and path of both vehicles. Dashcam footage, if available, can disprove reckless riding allegations. Biomechanical experts can address the helmet defense. And a thorough investigation of the other driver's conduct, including phone records and witness statements, can establish the true cause of the crash.

What to Do After a Motorcycle Accident in Oklahoma

1. Call 911 immediately. Even if you feel okay, call 911 and request both police and medical assistance. Adrenaline can mask serious injuries, and some injuries, particularly traumatic brain injuries and internal injuries, may not be immediately apparent. A police report is also essential documentation for your claim.
2. Do not remove your helmet at the scene. If you are conscious and able to communicate, do not remove your helmet until medical personnel arrive. Removing a helmet after a crash can worsen a spinal injury.
3. Document the scene. If you are physically able to do so safely, photograph the vehicles, the road surface, skid marks, debris, traffic controls, and any visible injuries before anything is moved or cleaned up.
4. Get the other driver's information. Name, address, phone number, driver's license number, license plate, and insurance information. If there are witnesses, get their contact information as well.
5. Seek medical attention immediately. Go to the emergency room or urgent care even if you feel okay. Delayed treatment is one of the most common ways insurance companies argue that injuries were not caused by the crash.
6. Do not give a recorded statement. The other driver's insurance company will call you quickly and ask for a recorded statement. You are not required to give one. Politely decline and tell them you will follow up after consulting an attorney.
7. Contact a motorcycle accident attorney. The sooner you retain an attorney, the sooner evidence can be preserved and the investigation can begin. Many critical pieces of evidence, including dashcam footage and surveillance video, are overwritten within days.

I have represented motorcycle accident victims across Tulsa and all of Oklahoma. Call (918) 770-9775 for a free consultation. I will fight the bias and fight for the full value of your claim. There is no fee unless we win.