If you were hit by a car in Oklahoma City, you have legal rights. Oklahoma law provides a path for you to seek payment for the harm caused by another person’s negligence.
Right now, you are likely facing medical appointments, calls from insurance adjusters, and the anxiety of watching bills pile up while you cannot work. This is a heavy load to bear, especially when your focus should be on healing. How can you hold the responsible driver accountable?
At Carr & Carr Injury Attorneys, our Oklahoma City pedestrian accident lawyer is here to lift this legal weight from your shoulders. We handle the entire claims process so you are able to dedicate your energy to recovery. If you have been injured, call us at (405) 691-1600 for a free consultation to understand your options.
Why Choose Carr & Carr Injury Attorneys?
When you are recovering from a serious injury, the last thing you need is more uncertainty. You need a team that knows the path forward. Our firm is built on providing clear, direct support to people who have been harmed. We manage the legal work so you can focus on what is most important: your health and your family.
We believe that you should not have to pay for legal help unless we successfully recover money for you. This is why we work on a contingency fee basis. It’s straightforward: If we don’t win, you don’t pay. This allows you to secure experienced legal guidance without any upfront financial strain.
When you work with our team, you receive:
- A Free Case Review: We will listen to what happened, review the details, and give you a straightforward assessment of your legal options, all at no cost to you.
- Dedicated Attention: Your case will be handled by our attorneys and professional staff, who will be available to answer your questions and keep you informed every step of the way.
- A Focus on Your Recovery: We take on the tasks of gathering evidence, communicating with insurance companies, and managing all legal deadlines. Your job is to follow your doctor’s treatment plan and heal.
Our Oklahoma City office is located at 1350 SW 89th Street, Oklahoma City, OK 73159, just east of S Pennsylvania Ave.
What Should I Do Immediately After a Pedestrian Accident?
While we handle the legal filings, preserving key information is something only you are able to do at the start.
- Seek Medical Attention Immediately: Your health is the first priority. Even if you feel fine, some serious injuries, like internal bleeding or concussions, may not show symptoms right away. A medical record from an emergency room or doctor’s visit creates a direct link between the accident and your injuries.
- Report the Accident to the Police: A police report is a foundational piece of evidence. It contains the officer’s observations, witness contact information, and sometimes a preliminary finding of who was at fault. Insist on a report, even for what seems like a minor incident.
- Gather Information at the Scene: If you are able, collect the driver’s name, contact information, license plate number, and insurance details. Use your phone to take pictures of the vehicle, the accident scene, any visible injuries, and the weather conditions.
- Do Not Speak with Insurance Adjusters: The at-fault driver’s insurance company will likely contact you quickly. You are not required to give a recorded statement. Politely decline and tell them your attorney will be in contact.
What Is My Oklahoma City Pedestrian Accident Case Worth?
The purpose of a personal injury claim is to provide the financial resources needed to cover every loss the accident inflicted, both tangible and intangible.
It is generally divided into three categories.
Economic Damages: The Billable Costs
These are the most straightforward losses—the ones that come with an invoice or a price tag.
- Medical Bills: This covers everything from the ambulance ride and ER visit to future surgeries, physical therapy, medications, and any necessary medical devices.
- Lost Wages: We calculate not just the income you have already lost, but also your diminished ability to earn in the future if your injuries have long-term effects on your career.
- Out-of-Pocket Expenses: This includes costs like transportation to medical appointments, home modifications to accommodate an injury, or hiring help for daily tasks you are no longer able to perform.
Non-Economic Damages: The Human Cost
These losses are harder to place a number on, but they are just as real. They account for the human toll the accident has taken on your life.
- Pain and Suffering: This refers to the physical pain and emotional distress you have endured. It accounts for the pain that flares up on cold mornings or the new anxiety that grips you when you try to cross a street.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, family activities, or the simple daily routines you once valued, you deserve to be compensated for that loss.
Punitive Damages: Holding Reckless Drivers Accountable
In certain cases where the at-fault driver’s behavior was especially dangerous or malicious,such as a drunk driving incident, Oklahoma law allows for punitive damages. These are not designed to compensate you for a specific loss. Instead, their purpose is to punish the wrongdoer and discourage others from similar conduct.
How Oklahoma Law Establishes Fault
To have a valid claim, we must demonstrate that the driver was negligent. Negligence is a legal term that means we must prove four things:
- Duty: The driver had a responsibility to operate their vehicle safely and watch out for others on the road.
- Breach: The driver failed in that duty, perhaps by speeding, texting, or failing to yield the right-of-way.
- Causation: The driver’s failure directly caused the accident and your injuries.
- Damages: You suffered actual harm, such as medical bills, lost income, and pain.
What if the Insurance Company Tries to Blame Me?
Insurance companies frequently try to shift responsibility to the pedestrian to avoid paying. They may claim you were jaywalking or not paying attention. This is where Oklahoma’s “modified comparative fault” rule becomes important.
This rule means that if you are found to be partially at fault, your compensation is reduced by your percentage of fault. For example, if you are awarded $100,000 but found to be 20% at fault, your recovery would be reduced to $80,000. However, if you are found 50% or more at fault, you are barred from recovering any compensation at all.
Where Do Pedestrian Accidents Happen in Oklahoma City?
While a pedestrian can be struck anywhere, some areas in Oklahoma City pose a greater risk due to traffic patterns and road design. In a recent year, Oklahoma City saw 250 reported pedestrian accidents, with dozens resulting in serious injuries. Hotspots include:
- Downtown and Bricktown: The concentration of entertainment venues and residences leads to high vehicle and foot traffic, especially on evenings and weekends. Distracted drivers unfamiliar with the layout may fail to yield at crosswalks.
- Major Arterial Roads: Streets like Northwest Expressway and South Western Avenue are designed to move cars quickly. For pedestrians, crossing these multi-lane roads is dangerous, particularly at night or where marked crosswalks are far apart.
- Near University Campuses: The areas around Oklahoma City University (OCU) and the OU Health Sciences Center have a high number of students and staff on foot. Rushed drivers may not exercise enough caution.
- Shopping Center Parking Lots: Locations like Penn Square Mall are frequent sites for low-speed but damaging accidents. Drivers are often focused on finding a parking space, not on the people walking around them.
Nationally, pedestrian fatalities have been trending upward. According to the Governors Highway Safety Association (GHSA), the rise of larger vehicles like SUVs and trucks, which tend to cause more severe injuries, is a contributing factor.
Common Injuries in Pedestrian Accidents
When a multi-ton vehicle hits a person, the resulting injuries are often catastrophic and require a lifetime of care.
- Head and Brain Injuries: A traumatic brain injury (TBI) typically has lasting effects on memory, concentration, and personality.
- Spinal Cord Injuries: Damage to the spinal cord could lead to partial or complete paralysis, fundamentally changing a person’s future.
- Broken Bones: The force of impact may easily fracture bones in the legs, arms, and pelvis, often requiring surgery and lengthy rehabilitation.
- Soft Tissue Injuries: This includes severe sprains and tears to muscles and ligaments. An injury like whiplash could cause chronic pain and limitation of movement.
A Timeline of Your Pedestrian Accident Claim
Here is a simplified look at what to expect:
Step 1: Investigation and Evidence Gathering.
Our first step is to collect all relevant evidence. This includes the police report, medical records, witness statements, and photos or videos of the scene. We may also hire accident reconstruction specialists to analyze how the collision occurred.
Step 2: Filing the Claim and Demand Letter.
Once we have a clear picture of your injuries and total losses, we will send a formal demand letter to the at-fault driver’s insurance company. This letter outlines our legal arguments and details the compensation we are seeking.
Step 3: Negotiation.
The insurance company will respond to our demand. Typically, their initial offer is low. This begins a period of negotiation where we advocate on your behalf, presenting evidence to justify the full value of your claim. Most cases are resolved at this stage.
Step 4: Filing a Lawsuit.
If the insurance company refuses to offer a fair settlement, we will file a lawsuit. This does not mean your case will definitely go to trial. It is a necessary step to move the case forward and show the insurer we are serious.
Step 5: The Discovery Phase.
After a lawsuit is filed, both sides enter a phase called discovery. During this time, we exchange information through written questions (interrogatories) and formal interviews under oath (depositions). This allows us to learn exactly what the other side’s arguments will be.
Step 6: Settlement or Trial.
With all the evidence on the table, we will make a final push for a settlement. If a fair agreement cannot be reached, we will present your case to a judge and jury, who will make the final decision.
Frequently Asked Questions (FAQ)
What if the driver who hit me was uninsured or fled the scene?
This is a frighteningly common scenario. If you have Uninsured/Underinsured Motorist (UM/UIM) coverage on your own auto insurance policy, you can file a claim with your own insurer. We assist with reviewing your policy to determine your options.
How long do I have to file a pedestrian accident lawsuit in Oklahoma?
In most cases, the statute of limitations for personal injury claims in Oklahoma is two years from the date of the accident. However, the timeline is much shorter if your claim is against a government entity (for example, if you were hit by a city bus). In that case, you typically have only one year to file a formal notice of your claim.
What if I was jaywalking or not in a crosswalk? Can I still have a case?
You may still have a case. All drivers have a duty to pay attention and avoid a collision whenever possible. Even if you were not in a marked crosswalk, the driver could still be found primarily at fault if they were speeding, distracted, or otherwise careless. This is a situation where Oklahoma’s comparative fault rule is applied, and an attorney can help present the facts in a way that protects your right to recovery.
Who pays my medical bills while the case is ongoing?
Initially, your medical bills are your own responsibility. You need to submit them to your health insurance or use MedPay coverage from your auto policy if you have it. The goal of the final settlement or verdict is to ensure you are fully reimbursed for these expenses and to provide for any future medical care you will need because of the accident.
Let Us Help You Move Forward
Recovering from a severe injury is a difficult road. You need a partner who is able to manage the legal process so you can put your energy into healing and rebuilding your life. At Carr & Carr Injury Attorneys, our Oklahoma City personal injury lawyer is here to provide that support.
Let us be your guide. Contact us today for a free, no-obligation consultation to discuss your case. Call (405) 691-1600 now.
Carr & Carr Injury Attorneys – Oklahoma City Office
Address: 1350 SW 89th St, Oklahoma City, OK 73159
Contact No: 405-691-1600