What is an Average Motorcycle Accident Settlement in Oklahoma?

Motorcycle accident settlements can often be higher than for typical car accident settlement amounts, because motorcycle accidents can easily result in severe injuries and even death. No amount of safety gear can protect a motorcycle rider the way a car’s structure can, so injuries often require greater recovery time and medical expenses can be significantly higher.

The average settlement amount is typically between $5,000 and $100,000 for a motorcycle accident claim, although figures can easily exceed this amount for serious injuries and wrongful death cases.

If you or a loved one were the victim of an accident while out on a motorcycle ride, call an experienced motorcycle accident lawyer today. It may be your best chance of receiving fair compensation from the insurance company.

How to Calculate a Fair Settlement for a Motorcycle Accident

Most motorcycle accident settlements are calculated the same way a car accident settlement is calculated. First, you add up the amounts of compensation that are directly reimbursable or calculable. These are called economic damages and include the following:

• Medical bills, including the costs of future medical expenses
• Lost wages
• Loss of earning capacity
• Property damage, like the cost of fixing or replacing a motorcycle

Then there are factors that are more difficult to assign a dollar figure, as they cannot be directly calculated. These non-economic damages can include:

• Pain and suffering
• Mental anguish
• Disfigurement
• Loss of enjoyment of life
• Loss of consortium

The insurance company (or your personal injury lawyer) will often use the “multiplier method” to calculate non-economic damages. This method involves multiplying the economic damages by a factor of 1 to 5, depending on the severity of the injuries and their long-term consequences.

In cases where the victim received a traumatic brain injury, loss of limb, appearance-altering burns or scarring, or lost their life, the multiplier is more likely to be a 4 or a 5. These are all common injuries in motorcycle accidents, and these settlements are more likely to reach the motorcycle insurance maximum payout.

RELATED: Does Health Insurance Cover Motorcycle Accident Injuries?

Other Factors that Can Influence a Motorcycle Accident Settlement Amount

Motorcycle accident cases have additional factors that can affect your personal injury lawsuit. Some can reduce the amount of compensation available, even if you fairly deserve more. Unfortunately, most motorcycle accident victims do not get the settlement amount they are rightfully entitled to.

Insurance Coverage Limits

In Oklahoma, the minimum insurance coverage that all drivers are required to carry might not cover the cost of your motorcycle injury claim. Drivers are only required to have insurance that covers:

• $25,000 per injury per person
• $50,000 for injuries sustained by victims in a single accident
• $25,000 in property damage

Many accidents exceed these amounts, especially when a motorcycle driver is the victim. You, as the motorcycle rider, may be able to use your own uninsured motorist coverage and underinsured motorist coverage (UM/UIM) to help with your medical treatment. An experienced attorney may be able to find other insurance that is applicable to your motorcycle crash claim.

Anti-Motorcycle Bias

Unfortunately, what a motorcycle accident victim deserves and what an accident victim receives as compensation can be very different. In comparison to car drivers, motorcycle riders may face additional obstacles for receiving fair treatment.

If your motorcycle accident lawsuit goes to court, your chances of a fair settlement may be reduced. This is for two reasons.

First, the insurance company is motivated to ensure most motorcycle accident cases settle out of court when the motorcycle accident injury victim is likely to win.

Second, many jury members have a bias against motorcycle riders. Many people think that motorcycle riders are engaging in risky behavior, and that choosing to ride a motorcycle means intentionally risking injury. The average payout for a motorcycle accident lawsuit is often less than what a victim deserves.

Comparative Negligence Can Reduce Your Claim

Partially due to the bias listed above, motorcycle riders are more likely to be blamed for a portion of the accident. Oklahoma law states that if parties involved in an accident are both at fault, comparative negligence determines whether they can recover compensation and how much they receive.

Let’s look at some motorcycle accident settlement examples. A motorcycle rider happened to be in a car driver’s blind spot when the car turned and collided with the motorcyclist. In this case, the insurance company might argue that the rider is 30% at fault for the accident because they were hard to see, and the at-fault driver is 70% responsible. In this case, the motorcycle rider can only collect 70% of the fair compensation amount. Their compensation is reduced by 30% because they were 30% at fault.

In another case, a motorcycle might have been lane-splitting when the accident occurred. Because this is illegal, the insurance company may argue for a high percentage of fault – maybe 80%. If someone is found to be 51% or more responsible for the accident, they cannot collect any insurance compensation.

Insurers have a strong incentive to argue that motorcycle accident cases are due to unsafe, thrill-seeking riders. You may have to go above and beyond to prove that you prioritize safe, responsible motorcycle riding.

RELATED: What Causes Most Motorcycle Accidents in Oklahoma?

For the Best Chances of a Fair Settlement, Take These Steps

While some things may be out of your control, there are steps you can take to help you get the insurance payout that you deserve.

1. Document the accident scene as well as you can. Helmet cam footage, photos and videos of the aftermath, and police reports are all helpful documentation that can show the facts of the accident. Get contact information from any bystanders that can provide eyewitness accounts.
2. See a doctor right away and keep track of your medical records that pertain to the accident. These can show the severity of your injuries and help you determine how and when future medical care will be needed.
3. Don’t take the first offer from the insurance adjuster. They often lowball their first offer, hoping you won’t realize what your case is worth. This is especially true for motorcycle accidents, and they are likely to argue that you are a reckless, risky driver.
4. Call an experienced motorcycle accident lawyer. If you are struggling to negotiate with the insurance company, you should know that lawyers have tools and tactics that most people don’t have access to. Intimate knowledge of accident claims helps them know exactly how to persuade and negotiate so you can get the insurance money that you deserve.

Sometimes, personal injury cases involving motorcycle accident settlements can be difficult to win. Knowledgeable legal representation can employ subject matter experts, accident reconstruction, and more to establish the truth about the accident.

Call The Wolf Pack™ for Help with Your Motorcycle Accident Settlements

The motorcycle accident settlement process can be long and stressful, and many victims are tempted to get their payout as fast as they can. However, the insurance company is trying to save money by not paying victims as much as they deserve. That’s where we come in.

As motorcycle accident lawyers who are tired of seeing victims treated unfairly, we want to fight for you. We will argue and negotiate on your behalf so you can be made financially whole following your motorcycle crash. Medical bills can be overwhelming, especially if you cannot get back to work right away. Talk to our legal team about how we can help you recover lost wages, pain and suffering, and more.

For a free, no-strings-attached consultation, just call us or fill out our online contact form. We’ll help you understand your legal rights, including an estimate of what your insurance claim may be worth, and get started fighting for you.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.