Automobile drivers in Broken Arrow often fail to give bike riders the respect they deserve. In addition to this being the wrong thing to do from the standpoint of common decency standpoint, it is also against the law in Oklahoma.
Any person harmed while biking because of the actions of another may have the right to demand compensation for their losses. This can include payments for any necessary medical care, reimbursement for any lost wages, and restitution for any mental anguish.
A Broken Arrow bicycle accident lawyer could help you assert your rights following a bike crash. Dedicated injury attorneys may be able to investigate the cause of the collision, determine whether the defendant violated any rules of the road, and pursue your claim for full compensation.
Given that bicycle riders do not have a special designation in the state’s traffic laws, they are obligated to follow the same rules of the road as all other people. For instance, bikers must halt at stop signs, ride with the flow of traffic, and yield to other drivers when required.
It should be noted that since other drivers must also extend these same courtesies to bicyclists, a bicycle accident is treated very similarly to most other collisions in Broken Arrow. Consequently, while law enforcement is required to examine the actions of both parties to assign blame for the accident, the fact that one party was riding a bicycle has little to do with this analysis.
As stated by Oklahoma Statutes §23-13, Oklahoma courts will use the concept of comparative negligence to decide who is at fault in a bicycle accident case. Courts are obligated to assign blame to each party in the case based on their percentage of fault for the wreck.
A Broken Arrow bicycle accident attorney could fight to discover all the evidence that indicated defendant fault. A skilled legal representative could also work to neutralize any attempts by the allegedly negligent party or their insurance company to shift blame onto a plaintiff.
Generally, people assume that they will need to endure a lengthy and emotional trial to obtain full compensation for their losses. In truth, though, the vast majority of cases in Broken Arrow end with a fair settlement without ever seeing a courtroom.
The case typically begins with the injured plaintiff filing a demand letter with the defendant’s insurance company, since state law requires all drivers to carry insurance in case of injury to another person. After evaluating this demand letter, the insurance company may make an offer to settle.
At this point, the two sides could negotiate a fair amount of money to end the case. Despite popular belief, a case may only go to trial if these negotiations completely break down.
Whether a claim proceeds to court or not, a plaintiff could work with a committed lawyer in Broken Arrow to gather evidence of the bicycle wreck. This information could be collected through police reports and witness statements from any individuals who saw the accident take place.
Any biker who was injured because of the negligence of an automobile driver may have the right to demand payments for medical bills, lost wages, mental anguish and any other losses following a bike crash. A Broken Arrow bicycle accident lawyer could take the lead in your case and fight for fair payments on your behalf in settlement talks or, if necessary, in court. Call today to begin building your injury claim.