If you’ve recently been involved in a motorcycle accident in Oklahoma, you may feel overwhelmed, confused, and unsure of what steps to take next. One of the most common concerns people have is whether wearing a helmet affects their ability to claim compensation for injuries sustained in the crash. At this time, it’s important to understand that your case can still be pursued even if you were not wearing a helmet at the time of the accident. We understand that this is a stressful period for you, and you may have many questions about the legal process. Rest assured, we’re here to guide you through each step and work diligently to help you get the compensation you deserve.
Understanding Oklahoma’s Motorcycle Helmet Law
In Oklahoma, the law requires that all motorcycle riders and passengers wear helmets unless they meet certain criteria. For riders who are 18 years old or older, wearing a helmet is not mandatory if they have health insurance or if they are riding within certain exceptions. However, even if you were not legally required to wear a helmet, not wearing one may still affect your case in certain ways, but it does not mean that you cannot seek compensation for your injuries.
It’s important to note that the decision to wear a helmet or not will be evaluated in the context of your case. While the law doesn’t mandate that all motorcycle riders wear helmets, it does place responsibility on individuals to take reasonable precautions to protect their safety. This concept is crucial when pursuing a motorcycle accident claim. If you were not wearing a helmet at the time of the accident, the other party involved may try to argue that your failure to wear one contributed to the severity of your injuries.
Contributory Negligence and Its Impact on Your Case
When it comes to personal injury claims in Oklahoma, the state follows a comparative negligence rule. This means that even if you were partially at fault for the accident, you can still pursue compensation, but the amount you can recover may be reduced based on the percentage of fault assigned to you. For example, if you were not wearing a helmet, the insurance company or the defendant may argue that your injuries were more severe because of this. They might claim that you are partially responsible for the extent of your injuries.
James V. Murray
Attorney with Over 40 Years Experience
However, Oklahoma’s comparative negligence law ensures that even if you are found partially responsible for your injuries, you are still entitled to compensation. Your case will be evaluated based on all the facts, and your damages will be reduced by your percentage of fault. For instance, if you were found 20 percent responsible for not wearing a helmet, you would still be able to recover 80 percent of the damages awarded for your injuries.
How the Severity of Your Injuries Is Assessed
One of the most important factors in any motorcycle accident claim is the severity of your injuries. Whether you were wearing a helmet or not, if you can demonstrate that the accident was caused by the negligence of another driver, you are entitled to seek compensation for medical bills, lost wages, pain, and suffering. However, the presence or absence of a helmet may play a role in how your injuries are perceived.
If you were wearing a helmet, your injuries may be viewed as less severe because helmets provide significant protection in the event of a crash. Conversely, if you were not wearing a helmet, the opposing party may argue that your injuries could have been less severe if you had followed the safety guidelines. Regardless, this is a complicated matter, and a skilled attorney can help you navigate these arguments and build a strong case on your behalf.
Mr. Murray and his team were very professional and helpful throughout this process. As my case was very unique, I knew I was going to need a very specific and special team to help me through this. My wife and I prayed about it and God led us to Murray Law Firm. During the first consultation I requested he pray with me about it and he was quick to agree and that is when I knew we had made the right decision. They went above and beyond our expectations and won the case. I would highly recommend this firm.”
- Roger Buchanan
The Murray Law Firm worked wonders for me and my needs. James Murray along with his staff are so helpful, understanding, and answered all my questions and concerns. James was able to work his magic and get things done in such a timely manner. James even made his self available by phone after hours when I was in such need. He put not only mine but my whole families worries and concerns at ease. Would highly recommend James Murray to anyone searching for a very good attorney!"
- Tiara Rich
Jamie is personal yet professional. He can put you at ease and make you feel safe and secure. He will be at your side through this most difficult time in your life and will keep you informed about what is going on in your case and what you can expect. His staff is always ready and willing to do everything the can to help you. Highly recommended."
- Alicia Mayfield
The Importance of Evidence in Your Case
In any motorcycle accident case, the evidence plays a critical role in determining the outcome. This includes things like photos of the accident scene, police reports, eyewitness testimonies, and medical records that document the extent of your injuries. When pursuing compensation for your injuries, it’s essential to gather as much evidence as possible to support your claim.
While helmet use might be a factor in the argument about the severity of your injuries, the overall facts of the accident are far more significant. If the other driver was at fault, whether you were wearing a helmet may not hold much weight in determining liability. The focus will shift to the other driver’s actions—whether they were speeding, driving recklessly, or otherwise negligent in a way that led to the crash.
Additionally, your medical records will help demonstrate the extent of your injuries and the impact they have had on your life. The more evidence you can provide, the stronger your case will be. Even if you were not wearing a helmet, proving that the accident occurred due to another driver’s negligence can still result in a favorable outcome for you.
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What Happens If I Don’t Have Insurance or Didn’t Wear a Helmet?
If you were involved in a motorcycle accident and you didn’t have insurance or weren’t wearing a helmet, it’s still possible to recover compensation. While these factors may affect the case, they do not automatically disqualify you from receiving compensation. In the case of a motorcycle accident, the key to success is proving the negligence of the other driver. If the other driver caused the accident through unsafe driving, you may still be entitled to compensation.
In cases where a rider was not wearing a helmet, the insurance company may try to argue that your injuries would not have been as severe if you had worn one. This argument could reduce the value of your claim, but it will not eliminate your ability to pursue compensation entirely. If the other driver was at fault, you can still hold them responsible for their actions.
The Role of a Motorcycle Accident Lawyer
Navigating the complexities of a motorcycle accident claim in Oklahoma can be difficult, especially when there are factors such as helmet use or insurance coverage involved. Having a skilled motorcycle accident lawyer by your side can help ensure that you understand your rights and that your case is handled properly. A lawyer will investigate all aspects of the accident, gather evidence, and work tirelessly to demonstrate that the other driver’s negligence caused the crash and your injuries.
When you hire an experienced motorcycle accident lawyer, they will guide you through the process, making sure that you are aware of all the necessary steps to take. They will also help you negotiate with insurance companies, ensuring that you receive the compensation you are entitled to, regardless of whether or not you were wearing a helmet at the time of the crash.
Can I Still Get Compensation Without a Helmet?
Yes, you can still claim compensation even if you were not wearing a helmet at the time of the accident. While your injuries may be viewed differently, Oklahoma’s comparative negligence law ensures that you are still entitled to compensation, even if you are partially at fault. The key is proving that the other driver’s actions caused the accident and that you suffered injuries as a result.
Whether you were wearing a helmet or not, the important thing is to take action right away. The sooner you begin building your case, the better your chances of securing the compensation you deserve.
If you have been involved in a motorcycle accident in Oklahoma, and you are concerned about how your helmet use may affect your case, we are here to help. At Murray Law Firm, we understand how difficult and confusing it can be to navigate the aftermath of a motorcycle crash. Our team of dedicated professionals is here to support you through the entire process, from gathering evidence to negotiating with insurance companies. Don’t let concerns about your helmet stop you from getting the compensation you deserve. Contact us today, and let us fight for you.
