Navigating the aftermath of a car accident can be overwhelming, especially when it comes to understanding the legal implications. In Oklahoma, the laws governing car accidents are designed to protect the rights of those involved and ensure fair compensation for damages. Whether you’re a resident or just passing through, knowing these laws can make a significant difference in how you handle a car accident situation.
The Basics of Car Accident Liability in Oklahoma
In Oklahoma, car accident liability is primarily determined under the “fault” system. This means that the person responsible for causing the accident is also responsible for compensating others for their injuries and property damage. Determining fault involves evaluating factors such as driver negligence, violation of traffic laws, and other relevant circumstances.
When a car accident occurs, parties involved may seek compensation through their own insurance (if they have “no-fault” coverage) or by filing a claim against the at-fault driver’s insurance. It’s crucial to gather evidence such as police reports, witness statements, and photographs to support your claim.
What is Comparative Fault?
Comparative fault, also known as comparative negligence, is a legal doctrine applied in many states, including Oklahoma, to allocate responsibility for an accident between the parties involved. This doctrine recognizes that multiple parties might contribute to an accident in varying degrees of fault. Consequently, each party’s financial liability is proportionate to their degree of fault.
In Oklahoma, the comparative fault law operates under the “50% Bar Rule.” According to this rule, an injured party can only recover damages if their fault is determined to be 49% or less. However, if the injured party’s fault is found to be 50% or more responsible for the accident, they are barred from seeking compensation from other negligent parties.
How Does Comparative Fault Affect Car Accident Cases?
Car accident cases in Oklahoma can become legally complex due to the application of comparative fault. The court will examine various factors to determine the percentage of fault assigned to each party involved. Some common factors considered include:
- Negligent Driving: Any form of reckless or careless driving, such as speeding, running red lights, distracted driving, or driving under the influence, may contribute to the accident and affect the degree of fault assigned.
- Failure to Follow Traffic Rules: If a driver fails to adhere to traffic laws or road signs, they may be considered at fault for the accident.
- Contributory Negligence: When both parties involved in the accident are found to be negligent, their actions will be compared to determine the percentage of fault attributed to each party.
- Evidence and Witness Testimonies: The court will consider available evidence, police reports, witness statements, and expert testimonies to determine fault allocation.
Understanding the Pure Comparative Fault System
Oklahoma follows the pure comparative fault system, which means that an injured party can still recover damages even if they are partially at fault for the accident. However, their compensation will be reduced based on their percentage of fault. For instance, if the injured party is determined to be 20% at fault and the total damages amount to $100,000, they would be eligible to recover $80,000 (i.e., $100,000 – 20%).
James V. Murray
Attorney with Over 40 Years Experience
Statute of Limitations
It’s important to be aware of the statute of limitations that applies to car accident claims in Oklahoma. This is the time limit within which you must file a lawsuit after an accident occurs. In Oklahoma, the statute of limitations for most car accident cases is two years from the date of the accident. Failing to file within this time frame can result in losing your right to seek compensation.
Insurance Requirements in Oklahoma
Oklahoma law requires all drivers to carry minimum liability insurance coverage. The current minimums are $25,000 for bodily injury per person, $50,000 for bodily injury per accident involving more than one person, and $25,000 for property damage. This insurance is meant to cover damages you may cause to others in an accident.
Additionally, uninsured/underinsured motorist coverage is not required but can provide crucial protection if you’re involved in an accident with a driver who lacks insurance or sufficient coverage.
Common Types of Car Accident Injuries
Car accidents can result in a wide range of injuries, from minor cuts and bruises to more severe injuries such as broken bones, spinal cord injuries, and traumatic brain injuries (TBI). The severity of injuries often depends on factors such as the speed of the vehicles involved, use of seat belts, and the type of collision.
Seeking prompt medical attention is essential after a car accident, both for your health and for documenting your injuries as part of your insurance claim or potential lawsuit.
Mr. Murray and his team were very professional and helpful throughout this process. As my case was very unique, I knew I was going to need a very specific and special team to help me through this. My wife and I prayed about it and God led us to Murray Law Firm. During the first consultation I requested he pray with me about it and he was quick to agree and that is when I knew we had made the right decision. They went above and beyond our expectations and won the case. I would highly recommend this firm.”
- Roger Buchanan
The Murray Law Firm worked wonders for me and my needs. James Murray along with his staff are so helpful, understanding, and answered all my questions and concerns. James was able to work his magic and get things done in such a timely manner. James even made his self available by phone after hours when I was in such need. He put not only mine but my whole families worries and concerns at ease. Would highly recommend James Murray to anyone searching for a very good attorney!"
- Tiara Rich
Jamie is personal yet professional. He can put you at ease and make you feel safe and secure. He will be at your side through this most difficult time in your life and will keep you informed about what is going on in your case and what you can expect. His staff is always ready and willing to do everything the can to help you. Highly recommended."
- Alicia Mayfield
Steps to Take After a Car Accident
Knowing what to do immediately following a car accident can help protect your rights and strengthen your potential claim for compensation. First, ensure everyone’s safety and call emergency services if necessary. Exchange contact and insurance information with other parties involved and gather evidence from the scene, including photographs and witness statements.
Report the accident to your insurance company promptly and seek medical attention, even if you don’t initially feel injured. Avoid discussing fault or making statements that could be misconstrued as admitting fault.
Understanding Fault Determination in Oklahoma
Determining who is at fault in a car accident is a critical aspect of any claim. In Oklahoma, fault is generally established based on evidence of negligence. Negligence refers to the failure to exercise a reasonable standard of care, which results in harm to others. Factors such as running a red light, speeding, distracted driving, or driving under the influence are clear indicators of negligence. The role of law enforcement at the scene is also significant, as their reports often play a crucial part in establishing fault. They collect evidence, interview witnesses, and sometimes issue citations, all of which contribute to determining who was at fault.
The Role of Insurance Companies in Car Accident Claims
Insurance companies are integral to the claims process, but their primary goal is to protect their financial interests. Once you file a claim, the insurance adjuster will assess the damage, review medical records, and possibly conduct interviews to determine the validity and extent of your claim. It is essential to be cautious with what you say to insurance adjusters, as statements made in the heat of the moment could be used against you. Always keep detailed records of all communications with your insurance company and consider consulting with a legal professional to ensure your rights are fully protected.
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The Importance of Medical Documentation
Documenting your injuries and treatment is crucial in proving the extent of your damages. After a car accident, you should seek medical attention immediately, even if you believe your injuries are minor. Follow all prescribed treatments and keep detailed records of all medical visits, diagnoses, treatments, and costs associated with your care. Medical records, bills, and testimony from healthcare providers can significantly strengthen your claim. In many cases, a lack of medical documentation can undermine your case, so thorough documentation is essential for substantiating your injuries and related expenses.
Dealing with Property Damage Claims
Property damage claims are a common aspect of car accident cases. In Oklahoma, you have the right to seek compensation for repairs or replacement of your vehicle and other damaged property. After an accident, it’s crucial to document the damage thoroughly with photographs and obtain repair estimates. You should also keep records of all communication with repair shops and your insurance company. If there is a dispute over the amount of damage or the value of your vehicle, a professional appraisal might be necessary. Understanding your rights and options can help you navigate the complexities of property damage claims effectively.
The Impact of Pre-Existing Conditions on Your Claim
If you have pre-existing medical conditions, they can complicate your car accident claim. Insurance companies may try to argue that your current injuries are not a result of the accident but rather pre-existing conditions. It’s vital to have comprehensive medical records that clearly differentiate between pre-existing conditions and new injuries sustained in the accident. Consulting with medical specialists who can provide a professional opinion on the relationship between your pre-existing conditions and the new injuries is often necessary. An attorney can help you navigate these complexities, ensuring that your claim accurately reflects the full extent of your injuries and damages.
Settling vs. Going to Trial
Many car accident cases are settled out of court through negotiations with insurance companies. Settling can be quicker and less stressful than going to trial, but it may not always result in the full compensation you deserve. Your attorney can negotiate on your behalf, aiming for a settlement that fairly compensates you for your injuries and losses. However, if a fair settlement cannot be reached, taking the case to trial may be necessary. Going to trial can be a lengthy and complex process, but it can also be the best way to achieve justice and fair compensation. Your attorney will guide you through each step, helping you make informed decisions about whether to settle or proceed to trial.
Handling Distracted Driving Cases
Distracted driving is a leading cause of car accidents in Oklahoma and across the country. If your accident was caused by a distracted driver, such as one using a cellphone or engaging in other distractions, it is crucial to gather evidence proving their negligence. This evidence can include phone records, witness statements, and traffic camera footage. Demonstrating that the other driver was distracted at the time of the accident can strengthen your claim significantly.
Dealing with Insurance Bad Faith
In some cases, insurance companies may act in bad faith, denying legitimate claims or failing to offer fair compensation. Examples of bad faith practices include refusing to investigate a claim, delaying payment without justification, or misrepresenting policy terms. If you suspect your insurance company is acting in bad faith, it is essential to consult with an attorney who can investigate the situation and take appropriate legal action. Holding insurance companies accountable for bad faith practices is crucial for ensuring that you receive the compensation you are entitled to.
The Value of Legal Representation
Having legal representation can significantly impact the outcome of your car accident claim. An experienced attorney understands the intricacies of Oklahoma’s car accident laws and knows how to navigate the legal system effectively. From negotiating with insurance companies to representing you in court, your attorney will work tirelessly to protect your rights and secure the compensation you deserve. They can handle all aspects of your case, allowing you to focus on your recovery. If you have been involved in a car accident, consulting with a qualified attorney is a crucial step toward achieving a fair and just resolution.
Legal Framework for Whiplash Claims in Oklahoma
Oklahoma operates under a fault-based system for car accident claims, meaning that the at-fault driver is responsible for compensating the injured party. To file a successful whiplash claim, it is imperative to establish the other driver’s negligence. This involves proving that the other driver breached their duty of care, directly causing the accident and resulting in the whiplash injury. Evidence such as police reports, witness statements, and medical records play a pivotal role in substantiating the claim.
Oklahoma’s comparative negligence rule further complicates matters, as it allows for the injured party’s compensation to be reduced if they are found partially at fault for the accident. Therefore, a thorough understanding of these legal principles is crucial when pursuing a whiplash claim.
Oklahoma car accident statistics: Understanding the trends and risks
Car accidents are a common occurrence in Oklahoma, and unfortunately, they can have devastating consequences. Understanding the trends and risks associated with car accidents in Oklahoma is crucial in preventing them from happening. In this blog post, we will explore some key statistics on car accidents in Oklahoma and what they mean for drivers.
According to data from the Oklahoma Department of Transportation, there were 65,132 reported car accidents in Oklahoma in 2020, resulting in 624 deaths and 34,921 injuries. This is a slight decrease from the previous year, but the number of fatalities remains high. In fact, Oklahoma has consistently ranked among the top 10 states with the highest fatality rates in car accidents.
One trend that stands out in the data is the higher risk of accidents for young drivers. In 2020, drivers between the ages of 16 and 25 accounted for 24% of all accidents in Oklahoma. This age group also had the highest fatality rate, with 112 deaths reported. This highlights the importance of driver education and training programs for young drivers to help them develop safe driving habits and avoid risky behavior on the road.
Another significant risk factor for car accidents in Oklahoma is driving under the influence of alcohol or drugs. In 2020, there were 3,317 accidents involving impaired drivers, resulting in 214 deaths and 1,758 injuries. This is a disturbing trend that emphasizes the need for stricter enforcement of DUI laws and increased public education on the dangers of drunk driving.
Additionally, distracted driving is a growing concern in Oklahoma. In 2020, there were 7,787 accidents caused by distracted driving, resulting in 44 deaths and 3,215 injuries. This includes activities such as texting, talking on the phone, and using social media while driving. These behaviors can significantly impair a driver’s ability to react to changing road conditions and increase the risk of accidents.
Finally, the data shows that rural areas in Oklahoma have a higher risk of car accidents compared to urban areas. In 2020, there were 38,605 accidents reported in rural areas, resulting in 335 deaths and 19,479 injuries. This is likely due to factors such as higher speed limits, longer driving distances, and fewer traffic controls in rural areas.
Understanding the trends and risks associated with car accidents in Oklahoma is crucial for drivers to stay safe on the road. Young drivers, impaired driving, distracted driving, and rural areas are all significant risk factors for car accidents in Oklahoma. By staying informed and following safe driving practices, we can help prevent accidents and keep ourselves and others safe.
There are several steps that drivers can take to reduce the risk of car accidents in Oklahoma. Firstly, it is important to avoid driving under the influence of alcohol or drugs. This means not getting behind the wheel after consuming any amount of alcohol or drugs that could impair your driving abilities. It is also important to wear a seatbelt and ensure that all passengers in the vehicle are also wearing their seatbelts.
Additionally, it is important to avoid distracted driving by staying focused on the road and avoiding any activities that could take your attention away from driving. This includes putting away your phone, avoiding eating or drinking while driving, and keeping your hands on the wheel.
Moreover, it is important to obey traffic laws and posted speed limits. Speeding is a major contributor to car accidents and can increase the severity of injuries in the event of an accident. Be sure to maintain a safe following distance from other vehicles and use turn signals when changing lanes or making turns.
Lastly, it is important to recognize the risks associated with rural driving. Rural roads can be narrow, winding, and often have less signage and lighting than urban areas. Be sure to stay alert and take extra caution when driving on rural roads, especially at night.
Car Accident Statute of Limitations
Watch this video to learn about car accident statute of limitations in Oklahoma and how to ensure your rights are protected and your claim is filed on time.
Question:
How long do I have to file a car accident claim in Oklahoma?
Answer:
In Oklahoma, if you’re injured in a car wreck, you have a two year statute of limitations. What that means is you have two years to bring your claim by filing a lawsuit. I believe you should never wait until the last minute to file your lawsuit. I think you should seek out legal representation immediately, so your lawyer can lead you through the maze and the gauntlet of a personal injury lawsuit case. Defense attorneys do not treat you nicely and they’re not always reasonable. You need to locate witnesses. You need to take pictures of the accident scene. You need to take pictures of your vehicles. You need to make sure you get good medical attention. Don’t wait until the very last minute to file your claim or seek an attorney. The earlier you get an attorney involved, the earlier you can protect your witnesses, protect the evidence, and get a higher recovery.
Car Accident Settlement Timeline
Do you have questions about the car accident settlement timeline in Oklahoma? Watch this video to find out how long it may take to recover.
Question:
How long will my car accident case take?
Answer:
You may be wondering, how long do car wreck cases last if we have to file a lawsuit? That depends on a lot of things. The defense attorneys want the cases to last awhile; it’s called litigation fatigue. What happens is that, when a plaintiff or someone who’s injured in a wreck is seeking justice, seeking an appropriate amount of money for their injuries and their medical expenses, the insurance companies will drag the case out as long as they can by filing motions, delaying getting discovery to you, and doing everything they can to delay the case, in the hope that the person injured will get tired of waiting, will get tired of the system, and throw their hands up in the air and say, “I’ll take anything they offer me now; I’m tired of this.” I recommend to people when we have to file a lawsuit to get money and compensation for your injuries, you have to be ready for the long haul. From the date of the wreck, it could take several years to get the case resolved. You have to do all the depositions and all the discovery, and take doctor’s depositions, then you have to find the time when the court can have a trial. You have to look at all the attorney’s schedules and the judges schedules, so it is a journey and you need to have the right lawyer with you in this journey that will be able to help explain your rights to you, and help keep the case moving quickly as possible. Don’t expect this to be a quick fix if you have to file a lawsuit, because once you enter the legal world of litigation in Oklahoma, you lose control of the timing.
Serious Car Accident Injuries
Did you sustain serious car accident injuries in a car crash? Watch this video to find out what actions you need to take, then call for a free consultation.
Question:
What should I do if I’m seriously injured in a car accident?
Answer:
There are pretty basic things that I think are true in every case. First thing you need to do is be calm and analyze the situation. I would suggest you take pictures of the accident area, including the cars. Make sure you got the names of all the witnesses. Several times in the past, people say there’s someone who saw the whole wreck, but forgot what their name was. Make sure you get names and numbers of everybody who’s there to help you, give assistance, or witnessed the wreck.
The next thing I would probably recommend everyone do is call the police. A lot of times, people don’t want their driving record being spotted or they don’t want to be given a citation, so they try to talk someone into not calling the police. That’s not a good idea. Call the police. The next thing, and probably one of the most important things you need to do, is to get to a place where you can think and you can make some decisions about whether you want to see the doctor or not, or a physician. The ER room is available. There’s a lot of Urgent Care facilities now. The big thing is, make sure you get checked over to make sure that you’re okay, and that there’s nothing serious. Oftentimes, all the true symptoms of your wreck won’t surface for several days and maybe several weeks. Don’t hesitate to go to the doctor. Don’t hesitate to seek treatment.
One of the things that people always struggle with is, “When do I need a lawyer?” I would suggest you contact a lawyer immediately, at least for a consultation. If you think that the insurance company is going to work with you to your benefit, then you have another thing coming. They’re in the business of paying as little as they can.
Wrecks are something that most people don’t go through very often, and so to go through a wreck by yourself, not knowing anything about compensation is not the best decision. Knowledge of the law and your rights gives you power to make good decisions. If you don’t have that information, then you’re already a step behind the insurance company, because they know all your rights and they have all the information. If you don’t seek counsel, you’re going to have to rely on the insurance company and they do not have your best interest at heart.
Mistakes to Avoid After a Car Accident
Watch this video to learn about the mistakes to avoid after a car accident to ensure you protect your rights, and maximize your recovery. Free consultations
Question:
What mistakes should I avoid after a car accident?
Answer:
I’ve been asked many times, “What are the common mistakes people make when they’re involved in an auto wreck with an injury in Oklahoma?” The first one that comes to mind is that people believe that they’re not really that hurt, that their pain is going to go away quickly, they don’t want to make a problem by making a claim and they don’t want to cause the person that hit them trouble, and so they don’t seek medical treatment. They try to be tough, then in a few weeks, the problem manifests itself and it gets a lot worse. They go to a doctor and they make a claim, and they make statements to the doctor, and the insurance company will use that lack of seeking treatment in a timely fashion against you, saying, “Well, if you really would’ve been hurt, you would’ve sought treatment immediately.” Seek an evaluation immediately, even if you don’t think you’re really hurt that bad at the time. Get to a doctor, make a record, make a path that your attorney can follow someday if you do need to make a claim.
The second mistake that people make is they don’t tell their doctors everything. Make sure you tell your doctors your history. If you’ve hurt your back six years earlier and you hurt your back again in this wreck, that’s okay. Tell them. Don’t not disclose something because you think it’s going to hurt your case. Full disclosure is always the best. Not telling a doctor about a previous back injury might hurt your case, so be honest with your doctor and be honest with your attorney.
Another mistake people make is they don’t hire a lawyer soon enough. They think, “Well, I don’t want to hire a lawyer. Lawyers just get in the way. It’ll drag it out and we won’t be able to get this case settled quickly.” Odds are, you’re not going to sell your case quickly for adequate amount of money. The insurance company is not going to offer you an adequate, fair amount to begin with. Hire a lawyer so they can help you navigate through this. Don’t think that you can do it yourself; you can’t. There are just too many things to worry about.
Another mistake people make is that, when they get to the accident scene, right after the wreck, there are people there that come up, and people forget to collect evidence. Make sure you get the names, addresses, and phone numbers, of people that come to help you get out of the car. Get all that information because this is a transient world now. People move a lot. They relocate a lot. They travel a lot. Someone who sees the wreck might be from Memphis, Tennessee, and they’re leaving town that day. Don’t hesitate to ask people for their names and addresses. If you want to, just give them your cell phone or have them type in their name and cell phone number and save it as a contact. Get names of your witnesses, take pictures of the scene, and make sure you download those and save them.
Another mistake that people make in auto wrecks in Oklahoma is that oftentimes, they might be on the phone when the wreck happens. That’s not totally a bad thing, especially if you have Bluetooth. Don’t immediately try to delete stuff off your phone so the police won’t see it; that’s not going to work. Just be cognitive of your cell phone as evidence. Make sure you save your text messages from the time before and after the wreck. Make sure you keep a record of your phone records as well. That’s becoming a bigger issue.
The other mistake people make in car wreck cases is they don’t really take their injuries serious enough. If you don’t take care of a minor injury, sometimes it can turn into a more serious injury. That’s a problem because our main goal is to get you back into your normal day-to-day routine. The sooner you address your problem, the sooner you can get it fixed with medical treatment.
Getting You the Justice You Deserve
Understanding the nuances of car accident laws in Oklahoma is essential for anyone who finds themselves involved in such a situation. From determining fault and understanding insurance requirements to navigating the complexities of personal injury claims, the legal landscape can be challenging. At the Murray Law Firm, we are dedicated to providing you with the experience and support you need during this difficult time. Our team is committed to ensuring that your rights are protected and that you receive the compensation you deserve. If you have been injured in a car accident, don’t hesitate to reach out to us for a consultation. Let us help you navigate the legal process and work towards securing a fair settlement or verdict on your behalf. Contact the Murray Law Firm today, and take the first step toward justice and recovery.
