Oklahoma City Distracted Driving Accident Attorney

Distracted driving has been a problem on the streets of Oklahoma City for as long as humans have been behind the wheel. However, distracted driving has only worsened with the common adoption of cell phones and other technologies. 

According to research by the National Conference of State Legislatures (NCSL), almost all U.S. states have some kind of cell phone ban while driving. Despite this, in 2018, “2,841 people in this country died in crashes that involved a distracted driver, and an estimated additional 400,000 people were injured.”

So, if you or a loved one are one of the unfortunate victims of a distracted driver in Oklahoma City, we want to advocate for the pain and suffering you have been through. For years, the team at Warhawk Legal has been working with victims of distracted drivers in Oklahoma City, winning thousands to millions in compensation for those harmed. 

If you’re ready to take back your power from a negligent third party, get in touch with us today for your free, no-obligation case review and consultation. During our case review process, we’ll examine your case’s details and recommend your next steps. 

Contact us at (405) 397-1717 or book your free, no-obligation case review online today. 

Why Choose Warhawk Legal For Your Oklahoma City Distracted Driving Accident Case?

• We have been protecting the rights of Oklahoma personal injury victims for over twenty years.
• We are committed to maximum client compensation.
• We have recovered numerous multi-million dollar awards and settlements for our clients.
• Our consultations are free and confidential.
• You receive personalized attention and are kept informed every step of the way.
• You pay nothing until we recover compensation for you.

What Are Oklahoma’s Distracted Driving Laws?

While Oklahoma does not have a total cell phone ban (no state does), it does ban cell phone use in the following circumstances:

• Total Hand-Held Cell Phone Ban: Bans usage of devices in the hand, no matter what the driver is doing. Only applies to novice drivers, teen drivers, bus and transit drivers. 
• Texting Ban: Bans texting while driving for all drivers. 

And, of course, while cell phones are a primary source of driver distraction, there are other distracted driving laws on the books that relate to other distractions. Oklahoma’s distracted driving laws also encompass eating, talking to passengers, operating the stereo, and other things that cause the driver’s attention to be taken off the road. 

How Do You Determine Fault In A Distracted Driving Accident?

When you’re the victim of a distracted driving accident, and the other driver is to blame, you might not be sure how to show that – especially if the other driver claims you’re the cause. To be compensated for your injuries, you must determine fault after a car accident and prove it. Some proof that could be useful includes:

• The driver’s identity: If the driver should operate under a total hand-held ban, this can be shown as proof of negligence. 
• Cellphone timestamps: Call or text logs can be evidentiary support for inappropriate cellphone use behind the wheel. 
• Video or photo proof: If there is a snapshot or surveillance footage of the driver being distracted behind the wheel. 

In most distracted driving and car accident cases in Oklahoma City, the victim has the burden of proof to show their version of events is true by a “preponderance of the evidence within a totality of circumstances.” That means proving a claim by showing that, considering all the evidence and context, it is more likely than not that the claim is true.

Can I Get Compensation After Being Hit by a Distracted Driver in OKC?

Like any Oklahoma City motor vehicle accident, if another driver is at fault for the accident, you may be able to recover compensation from that driver or their insurance carrier for your injuries and damages. However, you must prove fault.

So, if you can prove that the distracted driver was primarily at fault in the accident that caused your injuries, you may be able to recover compensation. 

Proving fault is not always easy. You need to consult an experienced OKC distracted driving accident attorney to protect your rights and build your strongest case. 

At Warhawk Legal, we thoroughly investigate each accident to determine its causes and potentially liable parties. When preparing your claim, we will gather and analyze police reports, witness statements, cell phone records, video footage, and more. 

What Should I Do After Being Hit By A Distracted Driver?

Being struck by a distracted driver can cause serious injuries. If you are able, there are several actions you can take after being hit by a distracted driver to help protect your health and your right to recover compensation.

Consider taking the following steps:

• If you are driving a vehicle when you are hit, if possible, move it to a safe place and out of the line of traffic to avoid further injuries and damage. 
• Call 911 and get medical attention even if you don’t think your injuries are serious. You need to have a medical evaluation. 
• Call the police to have them make an official record of the distracted driving accident. You will want to receive a copy of their report.
• Do not admit fault or apologize.
• Take photos and video footage of the accident and any visible injuries and damages with your cell phone.
• Exchange contact information with the other parties.
• Collect the names and contact information of any witnesses to the accident.
• Write down everything you remember about the accident as soon as possible. 
• Report the accident to your insurance company.
• Do not give a recorded statement to an insurance company until you have consulted an experienced car accident attorney.
• If you speak with an insurance company, be very careful what you say. Insurance company adjusters are trained to elicit information from you that can be used to deny or devalue your claim. Once you retain an attorney, let them handle all communications with the insurance companies. 
• Contact an Oklahoma City distracted driving accident attorney right away. 

How Long Do I Have To File A Distracted Driving Accident Claim?

In a distracted driving accident claim and in most other Oklahoma City personal injury claims, you have two years from the date of the accident to file your claim. 

However, there are exceptions to the two-year statute of limitations. In a few scenarios, you may have more time to file. In others, you may have much less time to file.

You must consult an experienced Oklahoma City distracted driving accident attorney to determine the deadline for filing your claim.

Our Oklahoma City Distracted Driving Accident Lawyers Are Here For You

You do not have to suffer alone; our Oklahoma City truck accident attorneys can do what we can to make things right. If you need justice in your Oklahoma City distracted driving case, call us at (405) 397-1717 or book your free case review and consultation online today.