Filing a Wrongful Death Claim After a Fatal Motorcycle Accident in Oklahoma City

Riding a motorcycle comes with inherent risks – but that doesn’t mean that when a motorcyclist is injured or killed, it’s always their fault. When motorcyclists in Oklahoma City suffer fatal injuries because of another driver or defective motorcycle, their families can file a claim against those who are at fault.

Our Oklahoma City motorcycle accident lawyers represent families when riders die due to the negligence of other drivers, defective motorcycle parts, or other causes. Many of the wrongful death claims we file settle, often for the insurance policy limits. Cunningham & Mears’ OKC fatal motorcycle accident lawyers also have the experience and working relationships with coroners, financial wrongful death appraisers, and others who can help us argue your case before a jury.

Why are motorcycle accidents so deadly?

According to the Insurance Information Institute, 6,218 motorcyclists died in the United States in 2022, while 82,687 motorcycle riders suffered injuries nationwide. According to the Oklahoma Highway Safety Office, in Oklahoma, in 2021, 76 motorcycle crashes were fatal.

Motorcycle accidents are much more deadly than car accidents. It’s not just that motorcycles do not protect riders in the event of an accident. There are simply more risks of a fatal accident for motorcycle drivers than for car or truck drivers, including the following:

• Dangerous road conditions. While cars and trucks can normally handle road obstacles and conditions easily, motorcycle operators must be more cautious. A deadly motorcycle accident can happen in Oklahoma City if a rider encounters a pothole, gravel, leaves, bumpy roads, roadkill, railroad tracks, uneven roads, or other problems.
• Bad weather. Riders are not protected from rain, snow, fog, glare, or sleet, and wet roads are especially treacherous.
• Difficulty controlling the motorcycle. Riding a motorcycle is much more difficult than operating a car. Some of the challenges of riding a motorcycle that may cause a fatal accident include handling curves, riding with other riders, and the temptation to take unreasonable risks because motorcycles are smaller and can weave in and out of traffic more easily than cars.
• A lack of respect by other drivers. Many cars and trucks fail to respect motorcycles or fail to understand how to drive when they see a motorcycle. One common danger is that cars that turn left often fail to see a motorcycle in the path of their turn.
• Lane splitting. Weaving through traffic is dangerous. In Oklahoma, lane-splitting is illegal.

Though there is no guarantee, wearing a helmet can save lives when motorcycle accidents happen.

When and how do I file a wrongful death claim in Oklahoma City?

Our Oklahoma City fatal motorcycle accident lawyers can explain your rights when a loved one dies. If you have a valid case, we can file a wrongful death claim on your behalf.

Generally, the personal representative of the estate files a wrongful death claim after a fatal motorcycle crash within two years from the date of the accident. Some shorter time limits may apply. We recommend that you contact us as soon as possible.

The personal representative is either:

• An executor – this is the person who the decedent’s will designates to handle the estate.
• An administrator – someone the court approves to handle the estate. Generally, a close family member files a petition to become the administrator.

We’re here to guide you through this process.

How much is my Oklahoma City wrongful death claim worth?

Our fatal motorcycle accident lawyers fight for all the damages the estate and individual family members deserve. We work with experts who specialize in placing a value on financial and personal damages when a loved one dies. The compensation amount depends on the family member’s relationship and other factors.

We may demand that responsible drivers and other responsible defendants pay the following damages:

• The funeral and burial costs, and any pre-death medical costs if your loved one did not die immediately at the accident site. The estate of the decedent receives these costs. In the event someone advances these costs, this person receives reimbursement.
• A surviving spouse receives compensation for their loss of consortium and grief.
• The estate, on behalf of the surviving spouse, children, and any other next of kin, such as grandparents who qualify, receives compensation for the mental pain and suffering of the decedent prior to death.
• The eligible family members receive compensation for their pecuniary loss (loss of financial support). The factors that determine this amount are your relative’s age, occupation, earning capacity, health habits, and likely lifespan, but for the accident.
• The grief and loss of companionship of the decedent’s children and parents.

If the conduct of the driver who causes a fatal accident is unconscionable, the estate may receive punitive or exemplary damages.

What are the challenges of filing a wrongful death motorcycle accident claim?

At Cunningham & Mears, we know how to hold drivers, defective motorcycle parts manufacturers, and other responsible defendants liable – even in complicated wrongful death claims. Our compassionate Oklahoma motorcycle accident lawyers have helped many victims (survivors and families of deceased victims) obtain strong recoveries. Call us to schedule a free consultation, or fill out our contact form now. We’re ready to fight for you today.