If a driver hit you while you were walking in Tulsa, what are your rights? Under Oklahoma law, you have the right to demand payment for the harm caused by a driver’s negligence.
A collision between a person and a motor vehicle is a traumatic, life-altering event. The injuries, the medical debt, and the emotional trauma is a lot to deal with while trying to navigate the legal system.
At Carr & Carr, our Tulsa pedestrian accident lawyer is here to lift this burden from your shoulders. We handle the paperwork, the insurance adjusters, and the legal strategy so you can focus on your health. For a free, no-pressure conversation about your case, call us at (918) 747-1000.
Why Choose Carr & Carr Injury Attorneys for Your Pedestrian Accident Claim?
A Legacy of Advocacy in Oklahoma
Since 1973, Carr & Carr has been a steadfast ally for injured Oklahomans. For more than 50 years, our purpose has been helping people, not defending large corporations. We began as a small family firm and have grown into a dedicated team of over 40 professionals with offices in Tulsa and Oklahoma City. Our core mission has never wavered: to offer compassionate support while relentlessly pursuing the best possible outcome for our clients.
Our Approach to Your Recovery
We handle every case on a contingency fee basis. This is a straightforward promise. You owe us nothing unless we win your case. This arrangement removes the financial barrier to hiring a lawyer, letting you concentrate entirely on your health and family. From our receptionists to our attorneys, our team is here to listen and protect your interests. We manage the legal work so you can focus on healing.
Your Local Tulsa Team
Our Tulsa office is located at 4416 South Harvard Avenue, Tulsa, OK 74135, just south of 41st Street and a short drive from the I-44/244 interchange. We are part of the Tulsa community. Our attorneys are known for their legal insight, appearing on local programs like Good Day Tulsa to discuss legal issues. When you work with us, you partner with a team that is deeply familiar with Tulsa’s streets, its court systems, and the distinct challenges that local accident victims face.
How Much Is My Tulsa Pedestrian Accident Case Worth?
While every case has its own story, compensation is built from three main categories. Our goal is to pursue the maximum amount available for each under the law.
Economic Damages: The Tangible Costs
These are the straightforward, calculable losses—the ones with a clear price tag.
- Medical Bills: This covers the entire scope of your care, from the ambulance ride and emergency room treatment to future surgeries, physical therapy, assistive devices, and necessary medications.
- Lost Wages: This is compensation for the paychecks you missed while unable to work.
- Diminished Earning Capacity: If your injuries permanently alter your ability to do your job or earn a living, this compensates you for that future loss of income.
- Property Damage: This includes payment for your phone, laptop, clothing, or any other personal items that were destroyed in the accident.
Non-Economic Damages: The Human Cost
These damages address the losses that don’t come with an invoice but are just as real. They are meant to acknowledge the profound human toll of the accident.
- Pain and Suffering: This accounts for the physical pain, discomfort, and limitations you have been forced to endure because of your injuries.
- Emotional Distress: This includes anxiety, depression, fear, or post-traumatic stress disorder (PTSD).
- Loss of Enjoyment of Life: If your injuries stop you from participating in hobbies, activities, or the simple joys of life you once loved, you can be compensated for this theft of experience.
Punitive Damages: A Rare but Important Category
In certain situations where the at-fault party’s conduct was exceptionally reckless or malicious, for example, a drunk driving or extreme speeding incident, Oklahoma law allows for punitive damages.
These are not designed to compensate you for a loss. Instead, their purpose is to punish the wrongdoer and serve as a public warning that such behavior will not be tolerated.
Where Do Pedestrian Accidents Happen in Tulsa?
A pedestrian can be struck anywhere, but some areas in Tulsa are recurring sites for these incidents because of high traffic volumes and challenging road designs.
Tulsa’s Most Dangerous Intersections and Roadways
Local data and news reports consistently identify several areas as particularly hazardous. We frequently see accidents happen at or near:
- The Broken Arrow Expressway (The “BA”): This highway, especially at major cross-streets like Memorial Drive and Sheridan Road, is a major site for all types of collisions.
- Memorial Drive: The intersections along Memorial, particularly at 61st and 81st streets, are often cited due to heavy commercial traffic from destinations like Woodland Hills Mall.
- 71st and Mingo: This bustling intersection is surrounded by a hospital, a high school, and numerous businesses, creating a high concentration of both vehicle and foot traffic.
- U.S. Highway 169: The interchanges at 41st and 51st streets are known trouble spots where traffic patterns are complex and vehicles enter and exit at high speeds.
- 51st and Harvard: Residents have noted this intersection can be especially difficult for pedestrians due to long light cycles and drivers making turns without yielding.
The Legal Framework of a Pedestrian Accident Claim
Key Legal Concepts Explained Simply
- Negligence: This is a legal term that means someone failed to act with reasonable care, and that failure caused your injury. For a driver, this could be texting, speeding, failing to yield at a crosswalk, or any number of other careless actions.
- Duty of Care: Every driver in Oklahoma has a legal obligation to operate their vehicle safely and exercise due care to avoid hitting anyone on the road. This is a foundational rule of the road.
- Modified Comparative Negligence: What if the insurance company says you were partly at fault? In Oklahoma, you can still recover damages as long as your share of the fault is not 50% or more. Your final compensation is simply reduced by your percentage of fault. For example, if you were found 10% at fault, your total award would be reduced by 10%.
- Statute of Limitations: This is the legal deadline for filing a lawsuit. In Oklahoma, you generally have two years from the date of the injury to file a personal injury claim. However, if the claim is against a government entity (like a city bus), the deadline is much shorter—you must provide formal written notice within just one year.
Common Injuries After Being Hit by a Car
Traumatic Brain Injuries (TBI)
An impact to the head can cause anything from a concussion to severe brain damage, with potentially lifelong effects on cognitive function, memory, and personality.
Spinal Cord Injuries
Damage to the spinal cord is one of the most catastrophic outcomes, potentially resulting in partial or complete paralysis and permanent changes in strength and sensation.
Lower Extremity Injuries
The legs, knees, and ankles are often the first point of impact, leading to complex fractures and torn ligaments that require extensive surgery and rehabilitation.
Internal Injuries
The force of a collision can damage organs like the spleen, liver, or kidneys. These injuries can be life-threatening and may not be immediately obvious without a thorough medical exam.
Fractures and Broken Bones
Beyond the legs, it is common to see broken bones in the arms, pelvis, and ribs, each contributing to a painful and lengthy recovery.
Dealing With the At-Fault Driver’s Insurance Company
Shortly after the accident, you will almost certainly receive a call from the at-fault driver’s insurance adjuster. It is important to understand their objective. They are employees of a company focused on its bottom line, which means paying as little as possible on claims. This goal is in direct conflict with yours.
Tactics We Anticipate and Handle for You
- Requesting a Recorded Statement: They will ask you to give a recorded statement, presenting it as a routine step. We advise against this. They can use your own words, spoken while you are in pain and possibly on medication, to later challenge your claim. We will handle all communications for you.
- Offering a Quick, Low Settlement: An early offer might seem like a blessing when bills are mounting. But these initial offers are almost always far below what your case is truly worth. Accepting it means you forfeit your right to seek any more money, even if your injuries prove to be much more serious than you first realized.
- Disputing Your Injuries: The adjuster may dig through your medical records to argue your pain is from a pre-existing condition, not the accident. They will question the treatments your own doctor has recommended.
- Shifting the Blame: They will search for any reason to argue you were partly or entirely at fault. They might claim you were not in a crosswalk or that you “darted out” into the road, using Oklahoma’s comparative negligence law as a tool to reduce or deny your claim.
What if a Loved One Was Killed in a Pedestrian Accident?
In these tragic cases, there are two types of claims that can be made: a wrongful death claim and a survival action.
- Wrongful Death Claim: This claim is brought on behalf of the surviving family members (like a spouse, children, or parents) for the losses they have personally suffered. This includes the loss of financial support, loss of companionship and consortium, and the grief and sorrow caused by the death.
- Survival Action: This claim is different. It “survives” the person’s death and is brought by their estate to recover for the losses the deceased person themselves experienced between the moment of injury and their death. This could include their medical bills, lost wages, and the conscious pain and suffering they endured.
In Oklahoma, the person who files these claims is the “personal representative” of the deceased’s estate. This individual may be named in a will or appointed by a court. We will guide your family through this process to ensure the right person is in place to pursue justice for your loved one.
Frequently Asked Questions for a Tulsa Pedestrian Accident Lawyer
What if the driver who hit me was uninsured or fled the scene?
This is a deeply unsettling scenario, but you may still have a path to compensation. We will immediately investigate whether your own auto insurance policy includes Uninsured/Underinsured Motorist (UM/UIM) coverage. This is coverage you have paid for that steps in to cover your losses when the at-fault driver either has no insurance or cannot be found.
How long will it take to resolve my pedestrian accident case?
There is no simple timetable, as the duration depends on the specifics of your case. A claim with clear fault and moderate injuries might settle in a matter of months. A case involving catastrophic injuries or a significant dispute over who was at fault could take longer, particularly if a lawsuit is necessary to force a fair outcome. Our primary goal is always to secure the best result for you, not the fastest one.
Let Our Family at Carr & Carr Help Yours
When you have been injured, the road ahead can look uncertain and full of challenges. For over 50 years, Carr & Carr Injury Attorneys have stood with injured Oklahomans, helping them secure the resources they need to put their lives back together. Our Tulsa personal injury lawyer will take on the fight so you can focus on the one thing that matters most: your recovery.
Let our Oklahoma personal injury lawyers lift the weight from your shoulders. For a free, confidential conversation about your pedestrian accident case, call our Tulsa office today at (918) 747-1000.
Carr & Carr Injury Attorneys – Tulsa Office
Address: 4416 S Harvard Ave, Tulsa, OK 74135
Contact No: 866-510-0580