Motorcycle Accident Lawyer Oklahoma

If you’ve been hurt in a motorcycle accident in Oklahoma, you may be facing more severe injuries and challenges than those of a typical car accident. Your medical bills are likely higher. And on top of all that, the insurance company is looking for ways to blame you simply because you were on a bike.

Motorcyclists don’t have the protection that car occupants take for granted. When a car pulls out in front of you or a truck changes lanes without checking mirrors, you take the full force of that collision. Broken bones, road rash, spinal injuries, and traumatic brain injuries are common even in crashes that would cause minor injuries to someone in a car.

At Polchinski & Smith Personal Injury Lawyers, our Oklahoma motorcycle accident lawyer has represented riders across the state who were hurt by negligent drivers. Our attorneys have 54 years of combined experience and have recovered millions of dollars for accident victims, including a $2.1 million motorcycle accident recovery. Consultations are free, and you won’t pay us anything unless we win.

Why Choose Polchinski & Smith for Motorcycle Accident Cases in Oklahoma?

Attorneys Who Understand Rider Bias

Here’s the reality most motorcycle accident victims face: juries and insurance adjusters often assume the rider did something wrong. They think motorcyclists are reckless, that they speed, that they weave through traffic. Even when a car driver clearly caused the accident, bias against motorcyclists can affect how claims get handled.

We know how to counter this bias. We present evidence showing exactly what happened and demonstrate that our client was riding responsibly. We highlight the other driver’s negligence, whether that was failing to yield, running a red light, or simply not looking before changing lanes.

Insurance companies try to exploit anti-rider bias to reduce what they pay. We don’t let them get away with it.

Our attorneys bring experience to these cases that makes a difference. Ryan Polchinski has practiced law since 2014 and is licensed in Oklahoma. Before turning 30, he had a case published by the Court of Civil Appeals of the State of Oklahoma in Estenson Logistics et al vs Hopson, 2015 OK CIV APP 71, 357 P.3d 486. He belongs to the Oklahoma Bar Association, Oklahoma County Bar Association, and the Oklahoma Association for Justice.

Andrew Polchinski has eight years of experience and holds licenses in both Oklahoma and Texas. He earned his J.D. from Southern Methodist University and has tried several cases to jury verdict with results in the high six figures.

Houston Smith brings 35 years of legal experience to the firm. Licensed in Oklahoma, Texas, and Arkansas, he earned his law degree from Thurgood Marshall School of Law at Texas Southern University.

Proven Results for Motorcycle Accident Victims

Our firm has recovered millions of dollars for accident victims across Oklahoma. Our motorcycle accident results include a $2.1 million recovery for a seriously injured rider. We’ve also secured a $225,000 bicycle accident result and numerous car and truck accident settlements reaching into the millions.

These results came from thorough investigation, aggressive negotiation, and willingness to take cases to trial when insurance companies refused fair compensation.

We Handle All Communication with Insurance Companies

After a motorcycle accident, you’ll hear from the other driver’s insurance company quickly. They’ll sound concerned and sympathetic. But their real goal is gathering information to use against you.

Adjusters are trained to ask questions designed to make it seem like you were at fault. They’ll ask about your speed and if you were wearing a helmet. They’ll ask leading questions hoping you’ll say something they can twist into an admission.

We take over all communication with insurance companies from day one. You don’t have to talk to them, answer their questions, or respond to their requests. We handle everything while you focus on recovering from your injuries.

No Fee Unless We Win

We work on contingency. That means no retainer, no hourly billing, and no legal fees unless we recover money for you. If we don’t win your case, you pay nothing.

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“Polchinski & Smith have been amazing to work with. I have had several matters in which I have needed a really high level review of documents or matters involving friends and family and they have gone above and beyond to make that happen. Ryan P. is my primary contact and he has been extremely responsive as well as incredibly detail oriented finding information for me or simply knowing the law well enough to point me in the right direction. Ryan has always been available and has always been extremely professional. I cannot recommend them enough for all your personal injury needs. But, truly, I would call them with any needs and if they can’t handle it in-house; they’ve got a wonderful network of referral sources they have tapped into as well for me. 5 stars isn’t enough for these guys!” — Josh D.

Read more reviews on our Google Business Profile.

Types of Motorcycle Accident Cases We Handle in Oklahoma

Motorcycle crashes happen in many ways. Our Oklahoma motorcycle accident attorneys have handled all types.

• Left-turn accidents. The most common type of motorcycle crash. A car driver turning left fails to see an oncoming motorcycle and pulls directly into its path. Drivers often claim the bike came out of nowhere. We prove otherwise using witness statements, traffic camera footage, and accident reconstruction.
• Lane-change collisions. Motorcycles fit into blind spots that car drivers don’t always check. A driver changes lanes without looking properly and hits a bike traveling legally in the adjacent lane. These crashes can send riders tumbling across the roadway.
• Rear-end crashes. When a distracted or following-too-closely driver rear-ends a motorcycle, the results are devastating. Riders get thrown from their bikes, often landing on pavement or colliding with other vehicles. Even low-speed rear-end impacts cause serious injuries to motorcyclists.
• Head-on collisions. When a vehicle crosses the centerline and hits a motorcycle head-on, fatalities are common. Survivors face catastrophic injuries. These cases often involve wrongful death claims filed by surviving family members.
• Intersection accidents. Red-light runners, drivers who fail to yield at stop signs, and those who misjudge gaps in traffic cause intersection crashes that put riders at serious risk. Motorcycles are harder to see than cars, and negligent drivers often claim they never saw the bike.
• Door accidents. Parked car occupants who open doors without checking for approaching traffic cause crashes that throw riders from their bikes or force them to swerve into traffic. Urban areas with parallel parking see these accidents regularly.
• Road hazard crashes. Potholes, gravel, debris, and uneven pavement that cars drive over without issue can cause motorcyclists to lose control. When poor road maintenance causes a crash, government entities or construction companies may bear liability.
• Drunk driving accidents. Impaired drivers pose extreme danger to motorcyclists. Slowed reaction times and poor judgment lead to crashes that riders cannot avoid. These cases often support punitive damages in addition to compensation for injuries.
• Distracted driving crashes. Texting drivers kill motorcyclists. A driver looking at their phone for five seconds at highway speed travels the length of a football field essentially blind. We subpoena phone records to prove distraction contributed to crashes. Drowsy driving causes similar impairment and contributes to many motorcycle accidents.
• Group ride accidents. When motorcyclists ride together, crashes can involve multiple bikes. A car that cuts off the lead rider may cause a chain reaction. These cases require careful investigation to determine fault and may involve claims against multiple parties.

Oklahoma Legal Requirements for Motorcycle Accidents

Understanding Oklahoma’s legal framework helps you know what to expect as your case moves forward.

Statute of Limitations

Oklahoma requires you to file a personal injury lawsuit within two years of the accident date under 12 O.S. § 95. Miss this deadline and you permanently lose your right to sue.

Two years seems like plenty of time. It isn’t. Serious motorcycle injuries require extended treatment. Evidence needs to be gathered while it’s fresh. Negotiations take months. Starting early protects your claim.

Comparative Negligence and Rider Bias

Oklahoma follows a modified comparative negligence rule under 23 O.S. § 13 and § 14. If you bear some responsibility for the accident, your compensation gets reduced by your percentage of fault. If you’re 50% or more at fault, you recover nothing.

Insurance companies exploit this rule aggressively against motorcyclists. They’ll claim you were speeding even without evidence. They’ll argue you should have avoided the crash. They’ll suggest that riding a motorcycle is inherently risky and you assume the danger.

We build cases that counter these arguments. We establish exactly what happened and who bears responsibility. We prove the other driver’s negligence caused the crash.

Oklahoma’s Helmet Law

Oklahoma does not require adult riders over 18 to wear helmets under 47 O.S. § 12-609. However, insurance companies sometimes argue that not wearing a helmet contributed to head injuries and use this to reduce compensation.

Whether you were wearing a helmet or not, the at-fault driver caused the crash. We address helmet arguments head-on and focus juries on the negligence that led to the accident in the first place.

Insurance Requirements for Motorcyclists

Oklahoma requires motorcycle owners to carry liability insurance with minimum coverage of $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage under 47 O.S. § 7-204.

These minimums are often inadequate for serious motorcycle injuries. A week in the ICU can exceed $100,000. When the at-fault driver’s coverage isn’t enough, your own underinsured motorist coverage may help make up the difference.

What Damages Are Recoverable in Oklahoma Motorcycle Accident?

Motorcycle accident injuries tend to be severe, and Oklahoma law allows recovery for the full extent of your losses. Understanding recoverable damages helps you evaluate whether a settlement offer is fair.

Economic Damages

These represent your actual financial losses. Emergency room visits, hospital stays, surgeries, rehabilitation, and ongoing medical care are the most common economic damages in personal injury cases. Lost wages from time you couldn’t work, reduced earning capacity if your injuries prevent you from returning to your previous job, property damage to your motorcycle and gear, and the costs of modifications to your home or vehicle if you’re now disabled can also be included in a claim.

Motorcycle injuries generate significant economic damages. Spinal cord injuries can require millions in lifetime care. Traumatic brain injuries may end careers permanently. Amputations require prosthetics, therapy, and ongoing medical attention. We document every cost and project future expenses with help from medical and financial consultants.

Non-Economic Damages

These compensate for losses without specific dollar amounts, like physical pain, emotional distress, and the loss of enjoyment of activities you can no longer do, including riding. Impact on your relationships and daily life, as well as disfigurement from scarring or amputation are recoverable.

Oklahoma does not cap non-economic damages in most personal injury cases. Juries can award amounts that truly reflect what you’ve lost.

Punitive Damages

When the at-fault driver’s conduct was particularly reckless, Oklahoma courts can award punitive damages under 23 O.S. § 9.1. Drunk driving, excessive speeding, and road rage incidents may support punitive damages.

Oklahoma generally caps punitives at $100,000 or the amount of actual damages, whichever is greater. Exceptions exist for intentional conduct.

What Steps Should I Take After a Motorcycle Accident?

The actions you take after a crash significantly affect your ability to recover compensation. Avoiding common mistakes starts with knowing what to do.

1. Get to safety if possible. If you can move without worsening injuries, get out of the roadway. Secondary accidents happen, especially on highways.

2. Call 911. Report the accident to the police. Officers will document the scene and create an official crash report. This becomes critical evidence.

3. Get medical attention immediately. Adrenaline masks pain. Internal injuries may not show symptoms right away. Traumatic brain injuries can seem minor initially and become life-threatening. Go to the emergency room even if you think you’re okay.

4. Document everything you can. If you’re able, photograph your injuries, your motorcycle, the other vehicle, skid marks, road conditions, and the overall scene. Get contact information from witnesses.

5. Preserve your gear. Keep your helmet, jacket, gloves, and boots even if they’re damaged. This equipment can provide evidence about the crash and show the force of impact.

6. Don’t admit fault. Don’t apologize or say the accident was your fault. Even casual statements can be used against you later.

7. Don’t give recorded statements. The other driver’s insurance company will call quickly. Decline to give recorded statements until you’ve talked to an attorney. Adjusters use these to find ways to deny or reduce claims.

8. Keep records of everything. Save medical bills, pharmacy receipts, pay stubs showing missed work, and any correspondence with insurance companies.

9. Follow your treatment plan. Attend all medical appointments and complete recommended therapy. If you skip treatment, insurance companies will argue your injuries aren’t serious.

10. Contact a motorcycle accident attorney. Evidence disappears fast. Witnesses forget details. The insurance company is already building their defense. The sooner you have representation, the stronger your case will be.

Motorcycle Accident Statistics in Oklahoma

Motorcycle accidents cause a disproportionate share of traffic fatalities. According to the National Highway Traffic Safety Administration, motorcyclists are about 29 times more likely to die in a crash than passenger car occupants per mile traveled.

The Oklahoma Department of Public Safety tracks motorcycle crashes across the state. Oklahoma consistently reports dozens of motorcyclist fatalities annually, with hundreds more suffering serious injuries. These numbers have remained stubbornly high despite safety campaigns.

Several factors contribute to motorcycle crash severity. Lack of physical protection is the primary issue. When a rider hits pavement at 45 mph, there’s nothing absorbing that impact. Additionally, motorcycles are harder for drivers to see, especially at intersections and during lane changes. Driver inattention, a growing problem with smartphone use, puts riders at increasing risk.

Weather affects Oklahoma riders significantly. Spring and summer bring more motorcycles onto roads, and crash rates climb accordingly. Holiday travel periods see increased traffic and corresponding increases in motorcycle accidents.

Oklahoma’s geography creates varied riding conditions. Urban areas like Oklahoma City and Tulsa see many intersection crashes. Rural highways with higher speeds produce crashes with more severe outcomes. The Oklahoma Highway Safety Office works to reduce motorcycle fatalities through education and enforcement.

According to CDC injury data, motorcycle crash survivors frequently sustain traumatic brain injuries, spinal cord injuries, and multiple fractures. Long-term disability is common even when riders survive.

Oklahoma Motorcycle Accident Lawyer FAQs

How long do I have to file a motorcycle accident lawsuit?

Two years from the date of the accident under Oklahoma’s statute of limitations. Missing this deadline means losing your right to sue permanently.

What if the driver says they didn’t see me?

This is the most common excuse, and it doesn’t excuse negligence. Drivers have a duty to look for motorcycles. Failing to see what’s there to be seen is negligence, not a defense.

Does it matter if I wasn’t wearing a helmet?

Oklahoma doesn’t require adult riders to wear helmets, but insurance companies sometimes try to reduce compensation by arguing that a helmet would have prevented or reduced injuries. We address these arguments and keep focus on the driver’s negligence.

What if I was lane splitting?

Lane splitting isn’t legal in Oklahoma. If you were lane splitting when the accident occurred, it may affect your claim, but it doesn’t necessarily eliminate it. The other driver may still bear significant fault. We evaluate each case individually.

How much is my motorcycle accident case worth?

It depends on your injuries, medical expenses, lost income, and the impact on your life. Motorcycle accidents typically involve more serious injuries than car accidents, which often translates to larger claims. We can evaluate your case after reviewing the specifics.

Will bias against motorcyclists hurt my case?

It can, but we know how to counter it. We present evidence showing you rode responsibly and the other driver caused the crash. We don’t let insurance companies use stereotypes to reduce what you deserve.

What if the driver was uninsured?

Your own uninsured motorist coverage can provide compensation. Oklahoma requires insurers to offer this coverage, and most riders carry it.

Can I recover if I was partially at fault?

Yes, as long as you were less than 50% responsible. Your compensation gets reduced by your percentage of fault. We work to minimize fault attributed to you.

What injuries are common in motorcycle accidents?

Traumatic brain injuries, spinal cord damage, broken bones, road rash, internal organ damage, and amputations are all common. Motorcycle crash injuries tend to be more severe than car accident injuries.

How long do motorcycle accident cases take?

Most settle within 12 to 24 months. Complex cases with disputed liability or severe injuries may take longer. We work to resolve cases efficiently without sacrificing value.

Should I accept the insurance company’s first offer?

Almost never. Initial offers are typically far below what claims are worth. Insurance companies start low hoping you’ll accept before understanding your case’s full value.

Do I need a lawyer for a motorcycle accident claim?

You’re not required to have one, but riders with attorneys typically recover more even after legal fees. Insurance companies take claims more seriously when attorneys are involved.

What if my motorcycle was totaled?

You can recover the fair market value of your bike plus compensation for your injuries. Don’t accept a property damage settlement until your injury claim is also resolved.

Can I recover damages if a family member died in a motorcycle accident?

Yes. Oklahoma law allows surviving family members to file wrongful death claims. These cases can recover funeral expenses, lost financial support, and compensation for loss of companionship.

What if road conditions caused my crash?

Claims against government entities for poor road maintenance are possible but involve special rules and shorter deadlines. Construction companies or private property owners may also bear liability depending on where the hazard was located.

Most Dangerous Locations for Motorcycle Accidents in Oklahoma

Certain areas see more motorcycle crashes than others. Understanding these patterns helps depict the risks riders face.

Oklahoma City’s highway system presents significant dangers. The I-35/I-40 interchange sees heavy traffic, and motorcyclists are vulnerable to lane-change collisions when cars merge without checking blind spots. The I-44/I-35 junction in the northern metro has similar risks.

Tulsa’s highway corridors, including I-44 and the Broken Arrow Expressway, see regular motorcycle accidents. High traffic volumes and aggressive driving create hazardous conditions.

Urban intersections throughout both cities are dangerous for riders. Left-turning vehicles cause many of the most serious motorcycle crashes. Memorial Road in Oklahoma City, with its heavy commercial traffic and numerous turning movements, sees frequent motorcycle accidents.

Rural highways present different dangers. Higher speeds mean more severe outcomes when crashes occur. Two-lane roads with limited passing opportunities lead to risky maneuvers by impatient drivers. US-69, US-75, and US-270 see serious motorcycle crashes despite lower overall traffic.

Scenic routes popular with riders can be deceptively dangerous. Winding roads through the Wichita Mountains and other areas attract both motorcyclists and distracted tourists.

What Are Important Local Resources for Oklahoma Motorcycle Accidents?

The following resources may be helpful after a motorcycle accident in Oklahoma. We do not endorse these organizations and provide this information for reference only.

Oklahoma Highway Patrol – Investigates accidents on state highways and interstates statewide.

Oklahoma City Police Department – (405) 231-2121. Handles accident reports within Oklahoma City limits.

Tulsa Police Department – (918) 596-9222. Handles accident reports within Tulsa city limits.

OU Health University of Oklahoma Medical Center – 1200 Everett Drive, Oklahoma City, OK 73104 – (405) 271-4700. Level I trauma center for serious injuries.

Hillcrest Medical Center – 1120 S. Utica Avenue, Tulsa, OK 74104 – (918) 579-1000. Major hospital serving Tulsa area.

Oklahoma Insurance Department – (405) 521-2828. Consumer protection resources for insurance disputes.

Oklahoma Department of Transportation – Road condition information and construction zone updates.

Contact Polchinski & Smith Personal Injury Lawyers

The driver who hit you has insurance adjusters working to minimize what they pay. They’re looking for any reason to blame you, any excuse to reduce your compensation, and any argument that a jury might find persuasive.

You need someone who understands motorcycle accident cases and knows how to fight back against rider bias. Our Oklahoma motorcycle accident attorneys offer free consultations to evaluate your case. We’ll explain your legal options and answer your questions. You won’t pay anything unless we recover compensation for you.

Contact Polchinski & Smith Personal Injury Lawyers today. The sooner you call, the sooner we can start protecting your rights.