Traveling as a pedestrian has many benefits. It is good for your health, beneficial to the environment, and can be easier on your wallet than driving. Unfortunately, traveling on foot or by bicycle can also be risky.
If you have suffered injuries after being hit by a car, you may be entitled to compensation. An Oklahoma City pedestrian accident lawyer at BDIW Law can investigate your accident and file a claim against the party liable for your resulting injuries. We can help you obtain justice and start your physical and financial road to recovery.
When You Can File a Pedestrian Accident Claim in Oklahoma City
You must meet certain requirements to file a successful pedestrian accident claim in Oklahoma City. For instance, you must be less responsible for your accident than the driver who hit you. As long as you are less at fault than the other liable parties in an Oklahoma City personal injury claim, you may recover damages for your injuries.
To file an Oklahoma City pedestrian accident claim, you must have also suffered injuries as a result. If you were hit by a car, it is likely you were hurt. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 60,000 pedestrian injuries and 7,388 pedestrian fatalities resulting from traffic accidents in 2021.
Your injuries can range from superficial to severe. You may have physical and financial damages. If you have been hit by a car and obtained injuries and other losses, you may be eligible to file a pedestrian accident claim in Oklahoma City.
Our Team Is Here To Assist You Every Step Of The Way.
SPEAK TO AN ATTORNEY TODAYWhat You Must Prove to Prevail in an Oklahoma City Pedestrian Accident Claim
If you were a pedestrian who got hit by a car in Oklahoma City, you can get compensation only if you have a legal basis to file a pedestrian accident claim. In most pedestrian accidents, negligence will be the legal basis relied upon. This means that you must prove the following elements to file a claim for compensation and prove negligence.
Duty of Care
You must show that the driver of the vehicle that hit you owed you a duty of care as a pedestrian. In other words, they must use reasonable care to avoid harming you. Generally, a driver must avoid hitting a pedestrian if there is any possible way to do so.
Breach of Duty
You must also prove that the driver who hit you and caused your injuries breached their duty of care. If the driver failed to use the reasonable care expected of them and acted in a way that another reasonably competent driver would not have, they breached their duty. Disregarding traffic laws and driving while distracted are strong indicators of a driver’s breach of duty.
Proximate Cause
You must demonstrate a connection between your injuries and the driver’s negligent behavior. In other words, your damages must have been directly caused by the driver’s breach of their duty of care. If you can show this causation, you will be able to establish that the driver is liable for your injuries.
Damages
The final element you must show in your pedestrian accident claim is that you suffered actual damages as a result of the at-fault driver’s breach of their duty of care. Your damages must be compensable. They can include your monetary and non-monetary losses.
You must be able to demonstrate all these elements to obtain compensation after being hit by a car. You must convince a factfinder that it is more likely than not that your injuries and other losses were caused by the at-fault driver’s negligence. A pedestrian accident attorney in Oklahoma City can collect the evidence needed to prove that you have met these elements by a preponderance of the evidence.
Evidence that Can Support Your Pedestrian Accident Claim in Oklahoma City
Presenting certain evidence in your Oklahoma City pedestrian accident claim can increase your chances of getting compensation. There are steps you should take to collect the evidence that can support your personal injury claim. It is recommended that you take the following steps after being hit by a car:
- Call the police and request an accident report.
- Take photos and videos of the accident scene.
- Obtain contact information for the driver who hit you and any potential witnesses.
- Get the driver’s insurance information.
- Seek immediate medical attention, even if you do not have visible injuries.
- Keep a record of your symptoms and injuries.
- Record what you recall about your accident.
- Track your medical expenses and other out-of-pocket costs.
- Do not talk to the insurance company without your Oklahoma City pedestrian accident attorney.
- Avoid posting anything about being hit by a car on your social media pages.
- Contact a skilled pedestrian accident lawyer at BDIW Law as soon as possible.
The more evidence you have to support your pedestrian accident claim, the better. This evidence will help your claim for compensation. A pedestrian accident lawyer in Oklahoma City can help you determine what information can serve as valuable evidence in your personal injury claim.
Filing Your Oklahoma City Pedestrian Accident Claim on Time
It is important to note that you must file your pedestrian accident lawsuit within Oklahoma’s statute of limitations to have any chance of obtaining compensation for your injuries. In Oklahoma, you only have two years from the date of your accident to file a personal injury lawsuit. If you miss this deadline, you will be barred from getting compensation for the injuries you suffered in your accident.
To ensure you meet the state’s time requirements for filing a personal injury claim, you should consult with an Oklahoma pedestrian accident lawyer as soon as possible. A personal injury attorney at BDIW Law can immediately get to work on your case. We can determine who is at fault, collect necessary and valuable evidence to support your claim, and negotiate with the insurance companies on your behalf.
Retain an Oklahoma City Pedestrian Accident Lawyer to Maximize Your Compensation
Proving liability in an Oklahoma City pedestrian accident can be difficult. An experienced personal injury attorney at BDIW Law knows what it takes to maximize your chances of getting compensation after being hit by a car. Contact us today for a free consultation to discuss your options for getting compensated after your pedestrian accident.
