Oklahoma City Electrical Bicycle Injury Lawyer

An Oklahoma City electric bicycle accident lawyer can assist in investigating your accident, identifying potential responsible parties, and recovering your medical costs, lost income, and suffering. A bike accident attorney will gather information such as photos, police reports, and witness accounts; determine if any insurance coverage applies to you; and negotiate settlements to enable you to get back to healing.

At Edwards & Patterson, electric bike riders who suffer serious injuries due to an e-bike accident will learn which legal options are available and how much money they can recover using these options. Regardless of whether you were struck by an auto turning or whether you were struck when someone opened the car door into your path, our attorneys will review what occurred and provide guidance on what to do next.

Hurt in A Bike Accident?

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Hurt in A Bike Accident?

Contact us today for your free & confidential case review. Our team will help you get the compensation that you deserve.

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In the blink of an eye, being involved in a collision on an e-bike can change everything. When you go out for a ride on your e-bike (for example, headed to work, riding the Bricktown Trails, or just enjoying the sights and sounds of Oklahoma City), you are expecting a safe ride. But then it happens: you’re involved in a collision and seriously injured with numerous medical bills coming at you, along with the added stress of trying to deal with insurance companies that want to pay nothing towards your injuries. At Edwards Patterson Law, we’ve assisted Oklahoma City individuals who have been injured in an e-bike accident in obtaining reimbursement for their injuries. We know exactly where you are right now.

The fact that more people are buying e-bikes in Oklahoma City (you’ll see them on the Katy Trail, near the Myriad Gardens, and commuting downtown) means that there are more e-bike riders on the road — and therefore more accidents occur. Generally speaking, qualified e-bikes are governed by Oklahoma state law as bicycles; however, there are some differences based upon the class of your e-bike, permitted gears/ equipment for your e-bike, minimum age requirements for riders, and trail/pathway restrictions for your use.

The class of e-bike, its maximum speed, and its mode of operation can cause confusion for both riders and insurance companies concerning responsibility/liability and coverage. Unless the rider has the proper representation from an experienced Oklahoma electric bicycle injury attorney, he/she may not be fairly compensated for his/her injuries.

How Oklahoma Laws Differentially Treat E-Bikes

Under Oklahoma law, an e-bike can fit into any of three classifications, as set forth in Oklahoma e-bike law. E-bikes do not need motor vehicle registration, a driver’s license or motor vehicle liability insurance solely by way of being an e-bike.

The classification of an e-bike as Class 1, Class 2 or Class 3 determines how Oklahoma law will classify that e-bike. The state of Oklahoma has defined three e-bike categories: 

• Class 1 is an e-bike that uses pedal assist to provide power at speeds up to 20 miles per hour.
• Class 2 e-bike can be powered solely by electric motor with no need for the user to pedal and will travel at speeds up to 20 miles per hour. 
• Class 3 e-bikes utilize pedal assist to generate electricity to power the bike at speeds up to 28 miles per hour.

The classification of an e-bike is a factor in determining what laws and regulations will govern its operation, while whether or not you will have insurance coverage as a result of being involved in an accident will depend upon the type of policy that was in effect at the time of the accident; your own level of insured status and the specific details of the accident.

Common Types of E-Bike Accident Cases We Handle in Oklahoma City

Doors opening into bike lanes account for a large portion of the e-bike accident cases we see. Drivers in Midtown and the Paseo Arts District rarely check before opening doors into bike lanes and riders traveling at 20mph rarely have sufficient time to react to this type of incident. As such, this type of incident frequently results in injuries to shoulders, broken collarbones, and head trauma — despite helmet-wearing by riders.

A right-hook is when a car turns right into a cyclist. Either the driver did not see the e-bike or incorrectly estimated the speed of the e-bike. Right hooks result in extremely violent impacts — commonly resulting in riders being flung off their bikes or trapped between the curb and/or car. 

Intersections result in frequent collisions along routes such as NW 23rd Street and Classen Boulevard. Frequently drivers fail to observe traffic signals or slow down prior to intersections causing collisions with e-bike riders who possess the right-of-way. Due to the high-speed nature of these types of incidents, collisions frequently result in severe injuries including traumatic brain injuries (TBI), spinal cord injuries (SCI), and numerous other fractures.

Distracted Driving Accounts for Most Traffic Crashes Every Year

Every year distracted driving accounts for thousands of traffic-related accidents. When a driver is distracted by using his/her phone to text or navigate via GPS, he/she typically does not observe an approaching e-bike rider until it is too late. In some cases, cell phone records provide strong evidence demonstrating that the driver was not attending to the roadway when he/she collided with our clients’ bicycles.

Defective Road Conditions Cause Many Single-Vehicle E-Bike Crashes

Numerous single-vehicle e-bike crashes occur due to defective roadways throughout Oklahoma City. Potholes, uneven pavement, unmarked manholes — etc., are common throughout Oklahoma City; especially during post-winter periods. The liability for dangerous conditions on roadways generally lies with cities, counties, states (or) other government agencies or private landowners. However, there are also certain immunity rules associated with governmental entities and much shorter notice periods and filing deadlines.

Liability for defects in roadway can be determined by, among other factors, which entity had control of the property, to whom the legal duty applied, and based upon whether or not there was knowledge by the defendant of an issue, as well as causation. When a government entity is at fault, the Oklahoma Governmental Tort Claims Act would also apply.

Serious Life-Changing Injuries

Due to increased speeds associated with e-bikes, e-bike accidents typically produce more severe injuries than typical bicycle accidents. The severity of the impact — combined with greater forces of impact — increases the likelihood that riders will experience severe injuries. Among the most common severe injuries include:

• Traumatic Brain Injury (TBI)
  TBIs can significantly affect cognitive function and personality traits. Treatment options range from several weeks of cognitive therapy to long-term therapy or counseling. Lost wages and diminished earning capacity may be applicable in some instances. TBIs are difficult to diagnose and may not exhibit immediate symptoms. Therefore, immediate evaluation at a hospital is crucial following an e-bike accident.
• Spinal Cord Injuries (SCIs)
  Partial or total SCIs can severely diminish independence and create significant burdens on family members or caregivers. Medical treatment related to SCIs can become costly and prolonged. If there is sufficient documentation of the injuries (and resulting losses) from the spinal cord injury, then future medical expenses; rehabilitation costs; attendant-care costs; loss of earnings capacity due to the injury; could all potentially be included in the total amount claimed for the injury.
• Broken Bones
  Compound fractures, shattered joints and fractured pelvises require surgical intervention and may involve extensive rehabilitation. Physical therapy sessions are required and time away from work is inevitable. Additionally, road rash may appear minor; however, it may necessitate skin grafts and leave lasting scars.
• Internal Injuries
  Severe internal injuries can be fatal. Ruptured spleens, liver damage and internal hemorrhaging may present delayed symptoms making early hospitalization essential for prompt diagnosis and treatment.

Determining True Value of Compensation Awarded in Settlement

Because an insurance company’s first settlement offer may be less than what has been documented as lost by the claimant, it would be appropriate for the claimant to evaluate this first settlement offer based upon the amount of evidence that supports the claimant’s losses and also with reference to how much money will be paid out under the claimant’s insurance policy. The idea is that you won’t know what your claim is truly worth and will settle quickly for the minimum offered.

They may claim you caused the accident. In Oklahoma, as in many other states, comparative negligence applies as “modified” comparative negligence. In such a case, any award of damages to a plaintiff will be reduced based on the degree of the plaintiff’s own negligence. If the plaintiff is found to have acted negligently to a greater extent than were one or more defendants held negligent for their roles in causing harm to the plaintiff, then the plaintiff will recover nothing.

Insurance companies may claim that e-bike operators are reckless (and therefore liable) or that they could have failed to provide sufficient warning of their presence or that they may not follow traffic rules. To combat these assertions, we can use accident reconstruction techniques along with testimony from witnesses and video from traffic cameras.

Why it’s Important to Hire an Oklahoma E-bike Accident Lawyer

The evidence vanishes quickly. Skid marks disappear. Security camera footage is erased. Witnesses’ memories begin to fade. Therefore, we start investigating right away to collect all of the evidence possible regarding the accident and the party responsible.

Many Oklahoma injury suits fall under a 2 year statute of limitation; however, much earlier time limits for notice and filing will likely apply to your claim when filed as a suit against cities, counties, the State or some other public entity.

Therefore, delaying your investigation into whether you have a valid injury claim could result in lost evidence (i.e. physical damage) that cannot be preserved. This is also because if you do determine you have a valid claim and then wait too long before pursuing the claim, you might run out of time to file before the Statute of Limitations expires.

Building a strong case requires time. Especially since, when we seek assistance from expert accident reconstructors or locate additional witnesses.

Careful record keeping of your medical history is required. Your doctor’s description of your injuries can greatly affect how much you receive in compensation. We work to ensure your doctors are documenting your injuries in your medical records as well as in providing a detailed explanation of how your injuries will affect your daily activities throughout the rest of your life. 

Negotiating with insurance companies is very difficult. As attorneys with experience representing people who have been injured in e-bicycle accidents, we are able to bring that knowledge to negotiations with the insurance companies. 

Once we indicate that we are willing to bring a lawsuit against the insurance company if they do not offer a fair settlement, they know that we are serious about going to court and this can result in a resolution of the case without having to go to trial. Some claims can be settled prior to filing suit; some cannot until after a lawsuit has been filed and/or through litigation/trial.