Car drivers are expected to practice safe driving, however, each year many times reckless drivers get distracted and end up causing harm to pedestrians. Have you lost someone or have been hurt yourself in a pedestrian accident? Our attorneys at Warhawk Legal understand the intricacies of pedestrian accident cases and represent our clients with sympathy and skill. If you or a loved one has been in a pedestrian accident, you may be entitled to compensation to cover damages such as:
- Hospital or emergency room bills
- Rehabilitation
- Pain and suffering
- Wage loss
Injured in a pedestrian accident? Call our team of attorneys at 405-397-1717 to schedule your free initial case evaluation today.
Why Choose an Oklahoma City Pedestrian Accident Lawyer at Warhawk Legal?
After sustaining injuries in a pedestrian accident in Oklahoma City, having a pedestrian accident lawyer from Warhawk Legal by your side can be a huge advantage. Our law firm is the right choice for the following reasons and more:
- Our Experience & Authority: Our seasoned legal team brings nearly two decades of legal knowledge to your case.
- Personalized Strategies: We understand that each case is unique, and we tailor our approach to the specifics of your case to ensure your story is heard and your needs are addressed.
- Our Commitment to Justice: Our no-win, no-fee promise reflects our dedication to securing the compensation you deserve.
- Proven Success: Our track record of significant settlements and awards speaks volumes about our ability to deliver results.
Choosing an Oklahoma City personal injury lawyer from Warhawk Legal means choosing a partner who not only understands the complexities of the laws governing pedestrian accidents in Oklahoma but also values your well-being and legal rights.
Common Causes of Pedestrian Accidents in Oklahoma City
Common sources of pedestrian accidents boil down to the various ways in which a driver can be distracted, including but not limited to:
- Drunk driving
- Distracted driving
- Breaking traffic laws
- Disregarding pedestrians in crosswalks
- Failure to yield
- Passing a school bus
- Reckless driving
- Speeding
Let our team of experienced accident attorneys in Oklahoma City fight to help you get the just compensation you may be owed.
Pedestrian Accident Injuries
Pedestrian accidents often lead to severe injuries, affecting the victims’ lives significantly. Common injuries sustained in pedestrian accidents include:
- Traumatic Brain Injuries (TBIs): From concussions to more severe brain damage.
- Broken Bones: Legs, arms, and ribs are frequently injured in pedestrian accidents.
- Spinal Cord Injuries: Which can result in partial or total paralysis.
- Cuts and Lacerations: Often requiring stitches and resulting in scarring.
- Internal Injuries: Including internal bleeding and organ damage.
The injuries sustained in an auto accident involving a pedestrian can not only cause physical pain, but can also lead to long-term financial, emotional, and psychological impacts.
The Rights and Obligations of Pedestrians and Drivers in Oklahoma City
Pedestrians in Oklahoma City have specific rights and obligations designed to ensure their safety on the roads. These rights include:
- Right of Way in Crosswalks: Pedestrians have the right of way in marked crosswalks. (Okla. Stat. tit. 47 § 11-502)
- Sidewalks: Where sidewalks are provided, it is unlawful for pedestrians to walk along the roadway. (Okla. Stat. tit. § 47-11-506)
- Signal Compliance: Pedestrians must obey traffic and pedestrian signals. (Okla. Stat. tit. § 47-11-501)
- Due Care: Drivers must always exercise due care to avoid hitting pedestrians, regardless of right of way, etc. (Okla. Stat. tit. 47 § 11-504)
- General Speed Regulations: These laws outline speed limits in various zones, including residential areas and near schools, where pedestrian traffic is higher. (Okla. Stat tit. § 47-11-50)
Understanding these laws can empower injured pedestrians and their lawyers with the knowledge and legal basis needed to hold the at fault driver liable for the accident.
What To Do After a Pedestrian Accident in Oklahoma City
If you are struck by a vehicle, you are likely to suffer severe injuries. If you are able, there are several things you can do after a pedestrian accident to help protect your health and your rights to recover compensation for your damages.
If you are able, or if another person with you is able, consider taking the following actions:
- Call 911 to get emergency medical help and to report the accident to the police.
- Take photographs and video footage of the accident scene, including the area where you were hit, the vehicle that hit you, the traffic signs or lights in the area, your visible injuries, and anything else that seems relevant.
- Collect the contact information and proof of insurance from the driver who hit you.
- Collect contact information from any eyewitnesses and consider videoing their statements about what they saw.
- Write down or audio record a statement about what happened while it is still fresh in your mind.
- Tell your medical provider all the symptoms and injuries you are experiencing. Even if you think your injuries are not that severe, have a thorough evaluation. Many injuries are not immediately apparent but can cause lifelong mobility problems and chronic pain.
- Do not give a recorded statement to the at-fault party’s insurance company until you have consulted an experienced personal injury attorney.
- Promptly contact an experienced Oklahoma City pedestrian accident lawyer.
- Keep all medical appointments and follow through with all prescribed treatments.
Once you have retained an Oklahoma City truck accident attorney, follow their instructions regarding what you should and should not do while your claim is pending.
Liability for a Pedestrian Accident in Oklahoma City
In a pedestrian accident in Oklahoma, either the driver or the pedestrian can be at fault if they fail to exercise reasonable care under the circumstances. Here’s how liability for a bicycle accident is typically determined:
- Driver Negligence: A driver may be at fault if they were speeding, engaged in distracted driving, failed to yield at a crosswalk, or violated any traffic laws leading to the accident.
- Pedestrian Negligence: A Pedestrian may also be found liable if they were jaywalking, crossing against a traffic signal, or entering the roadway unexpectedly, contributing to their injuries.
- Comparative Fault: Oklahoma follows a system of comparative negligence, meaning that if a pedestrian is found partially at fault for an accident, their compensation may be reduced by their own percentage of fault.
Because liability for the accident can affect the amount of compensation a victim can receive for their injuries, it is extremely important for individuals involved in a pedestrian accident to consult with a skilled Oklahoma pedestrian accident lawyer. The right lawyer can help you navigate the complexities of personal injury law and ensure your rights are protected.
How To Prove Fault in a Pedestrian Accident
We must prove four elements to determine fault in an Oklahoma pedestrian accident. They are:
- The defendant owed you a legal duty of care.
- The defendant breached the duty of care they owed by their negligent actions or inactions.
- The defendant’s negligent actions or inactions caused your injuries.
- You suffered injury, harm, or loss because of the defendant’s negligent actions or inactions.
Our attorneys carefully investigate your accident to help determine all possible causes and potentially liable parties. We act quickly to identify and preserve essential evidence before it is lost or destroyed.
To prove fault, we may use eyewitness statements, police reports, surveillance video from nearby homes or businesses, and other relevant data.
Oklahoma follows a modified comparative fault rule, which is outlined in Oklahoma Statutes §23-13. Under this rule, if you are partially at fault, you may still recover damages if the other parties are more than 50% responsible for the accident.
However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault and your damages total $50,000, you can still recover $40,000 after deducting your 20% of fault.
At Warhawk Legal, our attorneys work hard to avoid or minimize any assignment of fault to our clients.
What Damages Are Available After Being Hit By a Car?
The types and amounts of damages you may be able to recover after a pedestrian accident depend on the specific facts of your case, including the severity of your injuries.
In a successful pedestrian accident claim, you should be able to recover:
- Current and future medical expenses, including therapy expenses
- The costs of long-term care when necessary
- The costs of necessary medical assistance devices
- The costs of making necessary modifications to your home or vehicle
- Current and future lost wages and income
- Other necessary expenses incurred because of your accident and injuries
- Pain and suffering
- Mental and emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Permanent disability
- Scarring and disfigurement
- Other intangible losses
Punitive damages may also be awarded if the driver who hit you acted willfully, recklessly, or intentionally and with malice.
For example, if the driver was under the influence of alcohol or if the driver intentionally ran a red light and hit you, punitive damages could be appropriate.
At Warhawk Legal, our Oklahoma City distracted driving accident attorneys work hard to recover all types of available damages and to maximize client compensation.
Contact A Pedestrian Accident Attorney In Oklahoma City Today
Joe Carson, Warhawk Legal’s senior partner, has been awarded the highest rating possible from Martindale-Hubbell: an AV Preeminent* peer-review rating, due to his allegiance, skill, and moral standards in defending the rights of the injured. Not only is he a member of the Million Dollar and Multi-Million Dollar Advocates Forum for having recovered millions of dollars in damages for his clients, Joe is also included in the esteemed list of Super Lawyers.
Need an injury attorney in Oklahoma City? Call Warhawk Legal at 405-397-1717 today for a free consultation!