Tulsa motorcycle helmet laws are designed to protect riders from head injuries in accidents. However, even if you follow all applicable laws while riding your motorcycle, a negligent driver could still cause you serious harm.
If a recent motorcycle accident left you with serious injuries, you may be wondering whether to file a lawsuit. Our personal injury attorneys could review the facts of your case and help you understand what legal recourse may be available.
Tulsa law requires motorcycle helmets for riders and passengers under 18 years of age. Adults 18 and older are not legally required to wear a helmet, but it is strongly recommended that adults wear one for their safety. Additionally, riders under 18 must wear a helmet that meets Department of Transportation standards and includes a lining, padding, and a chin strap.
While not mandatory for adults, the state encourages helmet use for safety. The law also mandates that anyone over 18 who chooses not to wear a helmet must wear protective eye gear (such as goggles or a face shield) if the motorcycle lacks a windshield. Helmets significantly reduce the risk of head injuries and fatalities in motorcycle accidents.
The state also has other important safety regulations for motorcyclists. To obtain a motorcycle license, you must be at least 16 years old. Even with a standard driver’s license, you need a motorcycle endorsement (Class M) to operate a motorcycle, which requires passing written and practical driving tests.
Oklahoma law requires anyone 17 or younger to complete a Motorcycle Safety Foundation training course before applying for a motorcycle endorsement. Motorcyclists must abide by posted speed limits and operate within designated traffic lanes.
State law prohibits lane splitting, and motorcyclists cannot pass other vehicles by driving between lanes of traffic moving in the same direction. Motorcyclists must carry a valid insurance policy meeting the state’s minimum requirements.
If another driver’s negligence leads to a motorcycle accident and you suffer injuries as a result, you can seek compensation for your losses. To prove negligence in a motorcycle accident, you need to show that the other driver owed you a duty of care to drive safely, breached that duty, and that the breach caused your injuries.
The state follows a modified comparative negligence system, meaning that if you are also found to be at fault, your compensation might be reduced. While not wearing a helmet might make your case more challenging, it does not disqualify you from filing a motorcycle accident claim, as the law in Tulsa allows you to recover damages as long as your fault is less than 51%.
If the other driver is found to be at fault, you can seek compensation for various damages, including:
You have two years from the date of the accident to file a claim against the negligent driver. A family member can also file a claim if the accident resulted in incapacitation or death. To prove negligence, your lawyer may gather evidence such as police reports, witness statements, and accident reconstruction to show how the other driver’s actions caused the accident.
While helmet usage is not mandatory for adults, Tulsa motorcycle helmet laws can influence legal proceedings after an accident. In a case where a rider without a helmet suffers injuries, the absence of a helmet may affect the legal outcome.
The state’s modified comparative negligence standard allows an injured party to recover damages in a lawsuit as long as they are not more than 50% at fault for the incident. Our experienced motorcycle accident attorneys could investigate liability in your recent motorcycle accident and identify the full scope of recoverable damages. Contact our experienced team today for a no-obligation case evaluation.
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