Showing the relative positions of the bicyclist and the motor vehicle on the roadway before impact are key to determining and proving liability. Determining liability or fault in these cases can look very ambiguous to the average person – even to trial court judges, as we found out in a recent case.
In Smith v. Barker, Tulsa County District Court Case No. CJ-2014-163, we presented our client’s case to the Jury and the Trial Court Judge refused to instruct the Jury that under Oklahoma law the bicyclist had the right of way. The Jury returned a verdict finding the “Plaintiff was 80% contributorily negligent and Defendant was 20% negligent.”
On behalf of our client, we appealed the Judge’s refusal to instruct the jury that the law stated the motorist had to yield the right of way to the bicyclist. After oral argument on appeal, the Oklahoma Court of Appeals reversed the Trial Court Judge and remanded the case for a new trial. Smith v. Barker, 2017 OK CIV APP 69, 419 P.3d 327. Defendant then filed an appeal, appealing the Court of Appeals’ opinion to the Oklahoma Supreme Court via Petition for Certiorari, which was denied.
After Defendant lost on appeal, Defendant’s Liability Insurance Carrier via Defendant’s Counsel, agreed to settle the case for “liability policy limits of a confidential amount.” Rode Law Firm was instrumental in expanding protection of bicyclists’ rights under Oklahoma law in handling this appeal pro bono for our client.
If you have been injured in a bicycle accident and you are looking for attorneys who have experience handing bicycle cases, call the Rode Law Firm at (918) 599-8880 and let us get to work for you.
When a bicyclist is involved in an accident with a car or truck, all too often the injuries are severe and permanent.
Injuries and Damages resulting from bicycle accidents can include:
- Spinal cord injuries;
- Neck and back injuries;
- Closed head injuries
- Brain Damage;
- Fractures/broken bones;
- Scarring & Disfigurement;
- Medical Bills, past and future;
- Lost wages, past and future;
- Loss of Earning Capacity;
- Loss of ability to perform household chores;
- Mental Anguish;
- Severe Emotional Distress; and
- Physical Limitations.
At the Rode Law Firm, we have seen first-hand how these injuries not only cause physical pain and suffering, but also how a person’s limitations, and decreased functional compacity, reduce their quality of life and cause mental pain and suffering aka mental anguish.
For example, when a healthy person exerts significant physical labor, such as working out, mowing a large yard, or manual labor, etc., they enjoy the fruits of that strenuous, physical labor. That is, he or she enjoys a feeling of accomplishment and satisfaction knowing that he/she was able to independently perform the laborious, hard work to complete the task at hand. This can give a person a feeling of strength; comfort in knowing he/she can provide food, shelter and clothing for their family; and a feeling that all is well.
All too often, permanent physical injuries cause pain when a person is at rest, and severe pain when he or she attempts to exert significate, physical labor. Such pain will shut a person down and prevent them from performing strenuous, physical labor.
This can be devastating to the injured person because: the injured person realizes he/she can no longer complete strenuous, physical tasks; the injured person no longer enjoys the good feelings of independently accomplishing a physically, strenuous project; and the injured person no longer feels strong, no longer feels he/she can provide for their family, or that all is well.
All too often, loved ones of our clients tell us their injured family member is not as happy, does not have as much energy, and is less mobile then they were before the collision. This is a component of damages that should not be overlooked, but rather developed and presented with the demand package sent to the Insurance Carriers, to the Mediator, or to the Jury, if necessary.
Our team at the Rode Law Firm has extensive experience in handling the issues of liability and damages in bicycle accident injury cases.
If you have been injured in a bicycle accident, call the Rode Law Firm at (918) 599-8880 for your free consultation today. We’ll review the facts of your case and see how we can best help you get on your road to physical, financial, and emotional recovery!