Bicycling is a popular mode of transportation and recreation, but sharing the road with vehicles poses inherent risks. If you were struck by a driver while cycling in Oklahoma, you may have the right to pursue legal action for damages, and it is important to know what steps to take.
Understanding negligence
The legal foundation for most bicycle accident lawsuits is negligence. To successfully sue a driver, you must prove that the driver failed to exercise reasonable care expected of all road users. This might include behaviors such as speeding, failing to yield, or distracted driving.
Gathering evidence
Compiling strong evidence is crucial for proving negligence. If you experience a collision, take the following steps promptly:
- Call the police to ensure that they file an official report.
- Take photos of the accident scene, your injuries, and any damage to your bicycle.
- Gather contact information from any witnesses.
- Seek medical treatment immediately to document your injuries comprehensively.
Oklahoma’s comparative fault rule
Oklahoma applies a comparative fault rule in personal injury cases. This rule can reduce your compensation if you are found partially at fault for the incident. For instance, if the court determines you are 10% at fault in a collision where your total damages are $100,000, you would receive $90,000.
Potential damages
Successful lawsuits can secure compensation for medical bills and future medical needs. Lost wages and diminished earning capacity may also factor into the suit. This includes pain and suffering, along with emotional distress,
The court may also rule that the driver must replace your bicycle and any other property damaged in the accident.
Cycling carries its risks, particularly when navigating alongside motor vehicles. If you find yourself in the unfortunate situation of being struck by a driver, understanding the steps to take following the accident can significantly impact the outcome of any legal action you might pursue.
