Blog of Charles Bryan Alred
Tulsa Police Continue Investigation in Fatal Motorcycle Crash
Posted on September 15, 2020
Tulsa Police Continue Investigation in Fatal Motorcycle Crash
On July 8, 2020, several people were involved in a motorcycle accident near 71st and Mingo in Tulsa. One man is dead, and at least one woman was injured because of the crash. Tulsa police continue to investigate this fatal motorcycle crash.
In this accident, the motorcyclist hit another vehicle, which caused that driver to lose control and flip his car. A passenger in the vehicle has injuries. The man on the motorcycle died as a result of the impact with the car. There was no word on the condition of the driver of the passenger car.
Unusual Fact Pattern in Motorcycle Crash
Based on the current facts of the investigation, it is unclear why or how the accident happened, other than the motorcyclist hit the car. This fact pattern is actually different compared to a typical motorcycle crash. In the average motorcycle-car crash, the car driver hits the motorcyclist because the driver did not see the motorcyclist.
It could certainly be possible that the reason the motorcycle hit the car is that the car turned out in front of the motorcycle, however. That type of fact pattern happens frequently. As passenger car drivers and trucks simply are not on the lookout for smaller vehicles, like motorcycles, as they should be.
Assessing Fault in a Motorcycle-Car Accident
Oklahoma is a comparative negligence state. That means that more than one person can be at fault in a motorcycle crash. There is often more than one person to blame when a collision occurs. Once your percentage of fault is determined, then your money damages are reduced by that percentage.
Imagine, for example, that a jury determines that the motorcyclist speeding contributed 10% to the crash. The other driver caused 90%of the crash. If that is the case, the motorcyclist’s estate would not be able to collect the full $100,000 it requested. Instead, the most they could get is $90,000.
Oklahoma has a “modification” too strict comparative negligence. Specifically, if one person is more than 50% at fault, then he or she cannot get any money damages for their losses and injuries following an accident.
How Does Comparative Fault Come Up in This Situation?
The car driver says that she thinks the motorcycle was driving very quickly before the crash. Based on the severity of the impact, her observation was probably correct. Normally, a smaller motorcycle will not do enough damage to flip a car because of the sheer size difference between the vehicles. However, if it is moving fast enough, it is certainly possible.
In this situation, if the car pulled out in front of the motorcyclist without checking his surroundings, that driver would be partially at fault. This is true regardless of whether the motorcyclist was speeding.
Get Legal Help After a Motorcycle Crash
If you or a loved one has been involved in a motorcycle accident, get legal help today by calling Charles Bryan Alred, P.C.
