As fatal bicycle and pedestrian accidents increase in Tulsa, as a cyclist, it is important to keep yourself safe when you are around vehicle traffic. If an accident happens, you should be aware of what to do to protect your rights. Calling a Tulsa personal injury attorney is imperative.
In late September, police in Tulsa issued a plea to drivers to pay attention and reminded drivers to be aware that they share the roads with cyclists and pedestrians. This plea came after there were recently several fatal accidents involving cars hitting bicycles and people walking. Even if such accidents are not fatal, they often ersult in serious injuries to victims.
If you or a loved one was a victim of an accident, as a pedestrian or while riding a bicycle, you should contact Wandres Law, a Tulsa personal injury attorney, right away. We can evaluate your rights, and help you hold negligent drivers responsible for the harm and losses they caused.
In a single week in September 2020, police in Tulsa reported the following tragic accidents:
In many situations, these fatal accidents would not have happened if a driver had paid more careful attention to the road, and complied with all applicable traffic laws.
Neither pedestrians nor cyclists wear much beyond a helmet to protect them from the impact of a crash. Even if a cyclist has a helmet, the helmet will not protect from head injuries 100 percent of the time, and helmets obviously offer no protection to the rest of the body. Pedestrians, of course, do not generally have head protection, so they are completely vulnerable to the impact of a car, truck, or SUV.
Because of their vulnerability, and because of the weight and force of a vehicle impact, it is no surprise that many times, the injuries resulting from these accidents are fatal. It can, of course, be devastating to family members and other loved ones to learn that they suddenly and unexpectedly suffered a tragic loss. We have, unfortunately, represented those who, beyond the loss of someone they love, have also lost their financial, emotional, and practical support in an instant.
Even when a cyclist or pedestrian survives a collision with a motor vehicle, they often sustain a variety of traumatic injuries. Some injuries common in such crashes include:
Victims of pedestrian and bicycle accidents often need emergency transportation, trauma care, hospitalization, surgery, and extensive rehabilitation. The costs of medical care alone can be overwhelming, and these expenses are often combined with lost income and other long-term losses, such as permanent impairment or disfigurement.
Because the injuries and losses can be so severe from pedestrian and bicycle accidents, it is important to know your legal rights. If you are injured in any sort of collision that isn’t your fault, whether it be while walking, biking or driving, you have the right to hold negligent parties liable for your losses. If someone died in an accident, their surviving family members can seek compensation from liable parties by filing a wrongful death claim.
Some examples of negligent conduct that can lead to liability include:
Once our team determines who can be held liable for an accident, we can file the necessary claims and lawsuits to seek compensation for your losses. As an injury victim, losses can include:
We will seek maximum compensation from negligent drivers who cause severe injuries to pedestrians and cyclists.
At Wandres Law, PC, we believe that everyone, including cyclists and pedestrians, should be able to share the road without suffering serious or fatal injuries. When a driver is irresponsible and collides with a person or vehicle, we work to hold that driver accountable for their actions by seeking full compensation for injured accident victims. If you believe you or a loved one might have a claim following an accident, you should consult with our team of experienced Tulsa personal injury lawyers at no cost. Call (918) 641 4044 or contact us online. – we’re ready to help you and your family.
There is a long-held adage that “the pedestrian has the right of way.” There is a good deal of truth to this concept, although there are instances in which whether or not a pedestrian had the right of way in the event of an accident is not entirely clear. With this in mind, there are a number of factors to bear in mind when determining who is at fault for a pedestrian accident in Tulsa.
The Modified Comparative Negligence Standard in Oklahoma
A pedestrian accident that occurs in Tulsa is subject to what is known as the Oklahoma modified comparative negligence standard, according to the Oklahoma Insurance Department. What this means is that the conduct of the parties of an accident, in this case, a motorcar driver and a pedestrian, are both taking into consideration.
A determination of the percentage to which each party is at fault is taken into consideration. Provided that the pedestrian seeking compensation for injuries, damages, and losses is deemed to be less than 50% at fault, he or she can recover compensation. However, compensation will be offset based upon the percentage a pedestrian is deemed to be at fault for causing an accident.
Pedestrian in a Crosswalk Versus Jaywalking
One of the most significant distinctions, when it comes to allocating fault in a pedestrian accident, is whether the pedestrian was appropriately in a crosswalk or whether the individual was jaywalking at the time of the accident. As a general consideration, a pedestrian injured by a motor vehicle in a crosswalk is likely to be deemed less than 50% at fault, and usually substantially so.
On the other hand, if a pedestrian is jaywalking across a roadway, a possibility exists that the individual will be deemed to be more than 50% at fault. In that scenario, a pedestrian would lack the legal ability to obtain compensation.
If you’ve been injured as a pedestrian, you need to take a proactive approach to protect your legal rights. The first step in that regard is to schedule a consultation with an experienced, tenacious attorney at Wandres Law.
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