What Are Your Legal Options as an Injured Motorcycle Passenger in Oklahoma?

Riding on the back of a bike is supposed to feel freeing – not frightening. Yet every spring and summer, our Tulsa motorcycle accident lawyers at Aizenman Law Group hear from passengers who were thrown to the pavement through no fault of their own. If you’re an injured motorcycle passenger in Tulsa, you’re not alone. With more than 120,000 motorcycles registered in Oklahoma as of 2023 and traffic on the BA, or I-44 only getting busier, crashes involving passengers are on the rise.

If you were hurt while riding as a passenger on a motorcycle, you have rights under Oklahoma law to pursue compensation for medical bills, lost wages, and your pain. This guide explains the practical steps to protect your health and finances, the legal standards that decide fault, and the strategies that skilled motorcycle accident attorneys in Tulsa use to hold drivers and insurers accountable.

First Things First: Protect Your Health and Your Claim

Call 911 and move to safety. Getting paramedics and law enforcement on scene creates the first piece of documentation you will need later.
Accept medical care even if injuries seem minor. Concussions, internal bleeding, or spine injuries can hide for hours.
Collect evidence. Snap photos of the intersection, road debris, weather conditions, and the vehicles, including the motorcycle’s license plate and any rideshare logos if the bike was operating for Uber or Lyft.
Identify witnesses and gather their contact information.
Report the crash. Under Okla. Stat. tit. 47, § 10-108 you must file a police report for most collisions.

Performing these tasks – while difficult – creates the factual backbone of a future insurance claim or lawsuit.

Oklahoma Liability Rules and How They Affect Passengers

Oklahoma follows modified comparative fault (Okla. Stat. tit. 23, § 13). You may recover damages as long as you are less than 51 percent at fault. Passengers are rarely blamed, yet insurance carriers sometimes argue a passenger “assumed the risk.” An experienced Tulsa motorcycle accident attorney can push back on those tactics by showing:

The motorcycle operator was speeding, lane‑splitting illegally, or riding under the influence.
A careless driver in another vehicle violated the passenger’s right of way.
The roadway itself was hazardous due to poor maintenance or loose gravel on Kenosha Street or Aspen Avenue.

Because multiple parties can share fault, your lawyer will investigate vehicle data recorders, traffic‑cam footage, and witness statements to allocate responsibility accurately.

The Insurance Claim Process – And the Traps to Avoid

Insurance companies act quickly after a wreck. Within days you may receive calls asking for a “recorded statement.” Remember:

You are not required to provide one immediately.
Adjusters are trained to elicit phrases that minimize your injuries. Saying “I’m fine” can slash your settlement offer.
Oklahoma’s minimum liability limits ($25,000 per person) are often insufficient when a passenger suffers traumatic brain injury or complex fractures.

Uninsured and Underinsured Motorist Coverage

Many riders purchase UM/UIM coverage. If the at‑fault driver flees the scene or carries no insurance, UM/UIM can step in. Although this is “your own” policy, the insurer still profits by paying as little as possible. A motorcycle injury lawyer near Tulsa can negotiate or litigate when the carrier drags its feet.

Bad‑Faith Denials

When an insurer refuses to investigate promptly, misstates policy language, or undervalues medical bills, that behavior might rise to bad faith. Oklahoma law allows policyholders to sue their carrier for the value of the claim plus consequential damages. Our bad faith insurance attorneys routinely leverage this statute to secure full and fair compensation.

What Damages Can an Injured Motorcycle Passenger Recover?

A comprehensive claim should include:

Medical expenses – ER visits, orthopedic surgery, physical therapy, prescription medications, and anticipated future care
Lost wages – including sick days, vacation time, and diminished future earning power if you cannot return to your job .
Pain and suffering – the day‑to‑day impact of chronic pain, PTSD, or loss of enjoyment of life
Property losses – torn clothing, destroyed helmet, or damaged cell phone
Punitive damages – in rare cases involving reckless conduct

Certain damages, like loss of consortium, are available to victims in wrongful death cases. If you’ve lost a loved one in a Tulsa motorcycle accident, contact our wrongful death attorneys to hold negligent parties accountable.

Common Passenger Injuries After a Motorcycle Crash

Passengers on a motorcycle have almost no protection in a crash. Unlike car occupants, there’s no steel frame or airbag to absorb the force. As a result, injuries are often severe. Some of the most common include:

Head injuries, including concussions and traumatic brain injuries (TBI), especially when helmets are not DOT-approved or securely fastened
Spinal cord injuries, which may result in permanent mobility issues or paralysis
Fractures, especially to the wrists, arms, ribs, legs, and collarbones from direct impact or bracing during the fall
Road rash, which can cause serious skin damage or lead to infections if not treated properly
Internal bleeding or organ damage, especially after high-speed crashes
Emotional trauma, including anxiety, PTSD, or phobias about riding again

Early diagnosis and a tailored rehab plan are critical. A Tulsa personal injury attorney can help connect you with orthopedic surgeons and neurologists who understand motorcycle trauma.

Lawsuits and the Litigation Timeline in Oklahoma

If negotiations stall, filing a lawsuit becomes the next step. Key deadlines and phases include:

Two‑Year Statute of Limitations. Under Okla. Stat. tit. 12, § 95, you generally have two years from the date of the crash to sue.
Discovery Phase. Both sides exchange documents, depose witnesses, and consult accident‑reconstruction experts.
Mediation or Settlement Conferences. Judges often require the parties to attempt resolution before trial.
Trial. If no agreement is reached, a jury in Tulsa County decides fault and damages.

Throughout the process, the lawyers at Aizenman Law Group prepare every case as if it will be tried. That readiness frequently compels insurers to offer meaningful settlements.

Why Choose Aizenman Law Group?

Our firm blends local insight with statewide reach:

Proven Results. Significant recoveries for clients injured in Oklahoma accidents.
Local Knowledge. Familiarity with all local police accident investigation protocols and the uniqueness of specific requirements in each jurisdiction.
No Fee Unless We Win. You pay nothing up‑front. Our fee comes from the recovery, not your pocket.
24/7 Availability. After‑hours calls are routed to an attorney, not an answering service.

Frequently Asked Questions

Do I have a claim if the rider is my friend or relative?
What if I was not wearing a helmet?
Can I afford an attorney?
How long will my case take?
Will my case go to trial?

Talk to a Tulsa Motorcycle Accident Lawyer Today

After your motorcycle passenger accident in Tulsa, our attorneys can handle every step. From getting you in touch with the right medical professionals, negotiating with insurance companies, and building your case for trial, we’ll be there through it all.

Call Aizenman Law Group at 918-215-8856 any time day or night for a no-cost consultation. Evidence fades, and insurance companies play hardball. At Aizenman Law Group our former insurance attorneys understand how insurers operate, and we work to make sure you receive the compensation you deserve.