When a person on foot comes into contact with a moving, two-and-a-half to three-ton vehicle, the consequences can be devastating. It is not uncommon for pedestrian accident victims in Oklahoma to be hospitalized for broken bones, fractures, spinal cord injuries, and brain injuries. Survivors may miss weeks, months, or years of work and require extensive rehabilitation services.
Unfortunately, there is nothing the law can do to undo your suffering. But it can help alleviate the stress of such life-altering injuries. The law allows you to pursue compensation from the liable party via an insurance claim or civil lawsuit with help from an Oklahoma City personal injury attorney.
Were you or a loved one injured by a moving vehicle while walking? Contact an Oklahoma City pedestrian accident lawyer at BDIW Law to discuss your case and legal options today. You can find out who is responsible for the accident and demand the compensation you deserve.
People Who Are Considered Pedestrians
Pedestrians can include multiple types of individuals. It may not always be clear who a pedestrian is. This could be:
- A person walking
- Someone on roller skates
- A bicyclist
- Someone riding on a Segway
- Runners
- Skateboarders
If you are involved in an accident in which a person in a car, truck, or motorcycle strikes you, they may be responsible for the losses you incur. If they skip the curb and strike you while you are cutting the grass, or they turn the corner quickly in front of a school bus, that driver is likely at fault. At BDIW Law, we want to help you obtain compensation for any losses you incur in these types of cases. Let our legal team figure out who is to blame, why it happened, and what you may be owed.
Our Team Is Here To Assist You Every Step Of The Way.
SPEAK TO AN ATTORNEY TODAYDetermining Right of Way
Oklahoma’s pedestrian right-of-way laws are fairly straightforward. They leave little room for interpretation in vehicle-pedestrian accidents. The City of Oklahoma outlines these laws in six succinct points:
- Pedestrians only have right-of-way on streets with marked crosswalks at intersections.
- Pedestrians at these crosswalks must obey signs and signals at the intersection.
- Pedestrians may not jump from or throw things from bridges.
- Pedestrians may only walk on roadways on which it is safe to do so. They must walk facing traffic.
- Drivers must exercise due care to avoid collisions with pedestrians.
- If a crosswalk is not in an area where a pedestrian wishes to cross, pedestrians may only cross the street at a right angle to the curb. It is illegal for pedestrians to cross two streets at one time by walking diagonally across an intersection.
Though pedestrians must protect themselves by acting with extreme caution regardless of whether or not there is a crosswalk present, drivers must be especially alert in areas in which individuals normally walk.
For instance, drivers should take care near school zones, playgrounds, crossings, and certain neighborhoods. Children rarely consider their safety when playing and may dart into the street in front of a moving vehicle unexpectedly, and drivers should note that children getting off school buses always have the right of way when the bus flashes red lights or shows a stop sign.
Common Types of Pedestrian Accident Injuries
Pedestrians often suffer life-threatening or fatal injuries when they are struck by a car while walking. The type of injury you are dealing with will not necessarily determine whether you have the right to compensation from the liable party, but your injuries must have a substantial effect on your day-to-day life. Examples of pedestrian accident injuries to sue for include:
- Neck injuries
- Dental injuries
- Traumatic brain injuries
- Paralysis, including quadriplegia and tetraplegia
- Post-traumatic stress disorder (PTSD)
- Concussions
- Road rash
- Third-degree burns
- Facial injuries
- Whiplash
- Penetrating brain injuries
- Broken bones
- Wrist injuries
- Hip injuries
- Herniated discs
- Second impact syndrome
- Loss of limbs
For your pedestrian accident lawsuit to be successful, your personal injury lawyer must introduce evidence that shows how your injuries or the accident itself have affected your life. By obtaining copies of your medical records and ensuring your healthcare providers thoroughly document the extent of your injuries and your prognosis, you can increase your likelihood of recovering the compensation you are entitled to receive. You can find out whether you have grounds for a claim when you contact our legal team for a free consultation.
Seeking Compensation Through an Insurance Claim
Pedestrians who have been hurt in an accident can file an insurance claim. Many pedestrians may assume that insurance claims are only reserved for car accidents. However, pedestrians can also use these claims to seek compensation for their injuries.
Auto insurance policies can cover the costs of a pedestrian’s damages. But they may not cover every loss. Some of these coverages include:
- Medical payments coverage. This policy is used to pay for a victim’s medical expenses.
- Bodily injury coverage. This is another policy that can cover the costs of a victim’s medical bills.
- Property damage coverage. This coverage can cover the costs of damages to your personal property, such as clothing, cell phone, computer, luggage, or any other items.
A Pedestrian Accident Attorney Can Help with the Insurer
Insurance companies focus on protecting their profits. It will go to great lengths to avoid paying you for the damages you are entitled to. Your pedestrian accident lawyer in Oklahoma City, OK, will help you manage your insurance claim and avoid being taken advantage of.
What to Do When Insurance Does Not Offer Maximum Compensation
Filing an insurance claim is one of the best ways to potentially avoid having to go to court. However, insurance is frequently insufficient. If the driver that hit you has auto insurance coverage, you may be able to file a claim against their auto insurance policy.
Unfortunately, this means you are limited to the types and amounts of compensation they purchased through their auto insurance provider. Oklahoma law requires drivers to carry minimum amounts of insurance coverage. They include the following:
- $25,000 per person in bodily injury liability protection
- $50,000 per accident in bodily injury liability protection
- $25,000 per accident in property damage liability protection
- $25,000 per person in uninsured or underinsured motorist bodily injury liability protection
- $50,000 per accident in uninsured or underinsured motorist bodily injury liability protection
Other Types of Auto Insurance and How to Get the Most Out of Your Claim
Motorists have the authority to reject uninsured or underinsured motorist bodily injury liability coverage at their request. If the at-fault party only has up to $50,000 in bodily injury liability coverage, this means the insurance company will only cover up to $50,000 of your medical bills. It is quite possible that your pedestrian accident injuries could cost hundreds of thousands of dollars in medical expenses.
This means there will be remaining damages the insurance company does not cover. The insurer will also likely look for opportunities to deny your claim. Fortunately, you can recoup your damages in full by moving forward with your pedestrian accident lawsuit in civil court.
Common Types of Recoverable Damages for Oklahoma City Pedestrian Accident Victims
When you proceed with your pedestrian accident lawsuit, you have your best chance of recovering maximum compensation. According to the Oklahoma Civil Code, you have the right to be reimbursed for every loss related to your pedestrian accident injuries. Examples of economic and non-economic damages that you could be entitled to include:
- Loss of income and future potential earnings
- Loss of benefits you are entitled to as an employee
- Loss of household services, including household upkeep costs and childcare expenses
- Medical bills, including out-of-pocket expenses, co-pays, and medical devices
- Chronic physical pain caused by your injuries
- Emotional trauma and mental anguish that impact your daily living
- Permanent disability, disfigurement, and skin scarring
- Damage to your professional or personal reputation
- Loss of companionship, support, guidance, intimate spousal relations, love, advice, and society
How a Pedestrian Accident Attorney in Oklahoma City Determines Fault
In an insurance claim, understanding and proving fault is very important. It is the key factor determining a person’s liability for an accident. Evidence and the circumstances of the event may establish a person’s fault.
For example, a driver who failed to yield the right of way and hit a pedestrian likely bears responsibility for the accident. When you file your claim, your attorney will use different types of evidence to determine who is at fault. Physical evidence like photos, medical records, and witness statements may help strengthen your claim.
We will conduct an in-depth investigation and obtain copies of dash or traffic cam footage that may have been captured of the collision. Our team will work tirelessly to collect the evidence to support your case. The burden of proof depends on it.
When a Pedestrian May Be at Fault
Pedestrians sustain much more severe injuries in vehicle accidents. But they can still be at fault for their injuries in Oklahoma. For instance, when pedestrians fail to abide by traffic signals or cross outside of a marked crosswalk, they may be found at least partially liable for their damages.
Suppose a pedestrian crosses a street against a light or when a signal flashes “Don’t Walk,” and that person gets struck by a moving vehicle. The walker may be found partially at fault for the incident. The same can be said if a pedestrian suddenly steps into the path of a moving vehicle or crosses the street diagonally without a favorable traffic signal.
You can expect the defense to try to use pedestrian liability to avoid paying out on your claim. If you are partially to blame for the accident, you may be worried you will not be able to pursue your case. Thankfully, Oklahoma is a modified comparative negligence state.
How Oklahoma City Shared Fault Laws Work
According to Oklahoma Civil Code Tit. 23 §13, injury victims that are partially at fault for the injuries they sustain or the accident they are involved in can only recover compensation for the damages if their portion of the blame does not exceed 50%. Anyone who is more than 50% responsible will not be able to proceed with a lawsuit. If you are less than 50% at fault, expect your injury settlement to be reduced.
The amount that will be deducted will correlate with your percentage of blame. For example, if you were not crossing a crosswalk when you were struck by a drunk driver, the judge might decide you are 15% responsible for the injuries you suffered. If you were awarded $10 million for your damages, you could expect your payout to reflect a 15% deduction, leaving you with a pedestrian accident award valued at $8.5 million.
That is a $1.5 million loss. With the stakes this high, having a dedicated pedestrian accident attorney on your side to ensure fault is assessed accurately will be critical. This will give you the chance to refute the defense’s allegations.
Why Pedestrian Accidents Occur
It is difficult to know how a driver could hit someone who is walking along the road or in a crosswalk. If you are the victim, or your family member is, you may be wondering why this happened. Some of the most common causes of pedestrian accidents include:
- Reckless driving: Speeding, road rage, or running lights are all examples of reckless driving, a common cause of these instances.
- Distracted driving: A person may be texting or talking on the phone. They may be trying to change the radio, speaking to a passenger, or they could be emotionally distraught.
- Impaired driving: A person is impaired if they are unable to operate a vehicle in a safe way and they are using illicit drugs, alcohol, over-the-counter medications, or prescription medications.
- Fatigue: Drivers are not able to respond fast enough to changing circumstances when they are tired, and sometimes, they may even fall asleep at the wheel.
- Infrastructure limitations: Government roadway design should be built to keep you safe, but landscaping, structural areas, and even poorly marked crosswalks could put you at risk.
As noted, there are situations in which a pedestrian is to blame for what occurred. However, there are many cases in which this does not happen, and the driver had the ability to stop but failed to do so. Talk to our Oklahoma City pedestrian accident attorney to understand more about the specific circumstances of your situation.
What Can Happen in a Hit-and-Run Accident
If you are in a car accident as a pedestrian and the driver flees the scene, contact the police immediately. This can lead to criminal charges for that party solely because they left the scene. However, there are other factors to consider as well, including how your medical bills will be paid.
Our legal team can help you to navigate this more challenging situation. We are here to determine who is at fault and help you to obtain compensation for those losses. We can investigate and work with the authorities to locate the person who left the scene after injuring you.
Contact a Pedestrian Accident Attorney in Oklahoma City, OK, Right Away
Were you involved in a debilitating pedestrian accident? Reach out to an experienced Oklahoma City pedestrian accident lawyer at BDIW Law. Let’s discuss your case and recovery options immediately.
It is our goal to help you get back to your life. No matter how the accident occurred or if liability seems clear, you can benefit from the representation of an aggressive and skilled Oklahoma City pedestrian accident law firm. Reach out to BDIW Law to schedule your free consultation today.
Our legal team proudly offers 100% free case evaluations to injury victims across Oklahoma City, Ponca City, Stillwater, and Tulsa. Take advantage of this opportunity. Fill out our quick contact form or call us to get started today.
