Oklahoma has many towns and cities that are easily navigable by foot. While walking has various benefits to pedestrians and society at large, it also makes pedestrians more vulnerable when they come into the path of a negligent motorist. At Oklahoma Injury Law, we represent pedestrian accident victims who were injured due to careless driving.
An experienced Oklahoma City pedestrian accident attorney can fight to protect your rights and recover compensation for your losses. Learn more about how we can help by calling us at (405) 310-8800 for a free case review.
Meet The Pedestrian Accident Attorneys of Oklahoma Injury Law Firm
Elements of a Pedestrian Accident Claim
Most pedestrian accident claims are brought on the legal theory of negligence. This legal theory involves four legal elements:
- Duty of care: Drivers have a legal duty to follow traffic rules and drive safely.
- Breach of duty: Drivers breach their duty of care by speeding, driving while distracted, or failing to yield the right-of-way to pedestrians.
- Causation: The driver’s actions must be the direct and legal cause of your injuries. If something else caused the accident, they are not liable for the accident.
- Damages: Damages are losses you suffered because of the accident. They can be economic damages, such as medical bills or lost wages or non-economic damages, such as pain and suffering.
Even if you’re not sure whether you have a viable case, don’t hesitate to contact our personal injury law firm for assistance. We can review your case for free and explain whether you have grounds to file a personal injury case.
What Damages Can I Recover in an OKC Pedestrian Accident?
Because pedestrian accidents can cause serious injuries, these personal injury claims tend to involve higher damages. Insurance companies will fight to prevent pedestrian accident victims from recovering the full extent of their damages, which can include payment for:
- Medical expenses
- Future medical expenses
- Lost wages
- Reduced long-term earning potential
- Property damage
- Pain and suffering
- Mental anguish
- Emotional distress
An experienced Oklahoma City pedestrian accident lawyer can fight for the compensation you deserve.
awards & accolades
What Are Some Common Causes of Pedestrian Accidents in Oklahoma City?
Most pedestrian accidents occur because of careless driving. Motorists are required to drive carefully, follow the rules of the road, and keep a proper lookout for motorists. However, many car accidents involving pedestrians occur every year due to careless behaviors, such as:
- Speeding
- Distracted driving
- Driving impaired under the influence of drugs or alcohol
- Failing to yield the right-of-way
- Running red lights or stop signs
An experienced Oklahoma City personal injury lawyer can investigate your case to determine how it happened and who is responsible for it.
Who Is Responsible for Pedestrian Accidents in Oklahoma City?
Negligent motorists are usually responsible for pedestrian accidents. However, pedestrians can also cause these accidents when they don’t obey traffic rules or cross at inappropriate locations. In situations where the pedestrian or motorist share fault for the accident, Oklahoma’s modified comparative negligence applies.
Under this system, an accident victim can pursue compensation in situations in which they share liability for the accident as long as they are not more than 50% at fault for the accident. However, their damages are reduced by their degree of fault. Therefore, if you are found 25% at fault in an accident in which you suffered $100,000 in damages, your damages would be reduced by $25,000.
It is also possible for multiple motorists to cause an accident, in which case you would have a claim against multiple parties. The government could be responsible for injuries caused by defective road design or traffic lights.
In the most tragic cases, pedestrian accidents can lead to wrongful death, allowing surviving family members to pursue a claim for the loss of their loved one.
What Are Common Pedestrian Accident Injuries?
Because pedestrians have no protection against the weight and force of a vehicle, pedestrians may suffer catastrophic injuries when a car hits them. Serious injuries victims may suffer include:
- Broken bones
- Amputations
- Spinal cord injuries
- Traumatic brain injuries
- Internal injuries
- Whiplash
Free Case Consultation
Contact a Vehicle Accident Attorney Today
Whether you were hurt in a car, motorcycle, or trucking accident as a driver, passenger, or pedestrian, Oklahoma Injury Law Firm is here to help. Their team provides the legal support you need to pursue justice and recover maximum compensation while you focus on healing.
What to Do If You Are Hit by a Car as a Pedestrian
Being injured as a pedestrian by a much heavier and more powerful vehicle can be terrifying. If possible, try to stay calm and follow these tips to protect your health and legal claim:
- Get to safety. Move off of the road and away from the path of oncoming vehicles.
- Call the police to report the accident. Request emergency medical services.
- Ask the driver for their information, including their name, contact information, driver’s license number, and insurance information.
- Write down the driver’s license plate number and a description of their vehicle. This is especially important if you were the victim of a hit and run.
- Ask witnesses for their names and contact information, too.
- Seek immediate medical attention. Be sure that you mention you were hit by a car so that this information is documented in your medical records. Don’t minimize your symptoms. Follow your doctor’s orders, and keep all of your medical documentation.
- Contact an experienced personal injury lawyer as soon as possible. They can take it from here.
Statute of Limitations
The statute of limitations sets a time limit for how long you have to file a personal injury lawsuit after an injury. In Oklahoma, the statute of limitations for pedestrian accident cases is two years, but there are exceptions. For example, if the victim was a minor at the time of the accident, the statute of limitations expires on the victim’s 19th birthday or two years after the accident, whichever is later.
Even when you have two full years to file a personal injury lawsuit, you should not wait this long. Your personal injury lawyer will need time to investigate your case, gather evidence, and negotiate a settlement. Also, evidence can be lost or destroyed, witnesses’ memories can fade, and video footage can be overwritten, so you want to act quickly to protect your rights.
Contact an Oklahoma City Pedestrian Accident Attorney Today
If you were injured in a pedestrian accident, you have limited time to take legal action to recover the compensation you need and deserve. At Oklahoma Injury Law, our experienced Oklahoma City pedestrian accident lawyer can review your case during a free consultation and advise you of your legal rights and options. Contact us online or call us at (405) 310-8800 today to arrange your free consultation.