Negligent driving is one of the most common causes of motor vehicle accidents across Oklahoma and the entire country. One of the most prevalent types is distracted driving. Despite attempts at both the state and federal levels to introduce legislation and develop programs to reduce instances of distracted driving, it continues to be a significant issue nationally.
If you have suffered debilitating injuries in a distracted driving wreck, you may have the right to financial compensation for your damages. However, your injuries may prevent you from navigating the claims process alone. When you need trustworthy legal support, contact an experienced Oklahoma distracted driving accident attorney at BDIW Law.
Contact our team for a free consultation today to further discuss your damages and what to expect next from your claim.
Common Types of Distracted Driving in Oklahoma
You might be surprised to learn that distracted driving can take multiple forms. Your distracted driving accident lawyer in Oklahoma will evaluate the evidence in your case to determine which type of distracted driving caused your injuries. That way, your car accident attorney will better understand who could be held accountable for your damages.
Some of the most prevalent types of distracted driving include:
- Cognitive distractions – Cognitive distractions are arguably the most dangerous type since they cause you to take your focus away from driving. If you are talking or arguing with passengers, daydreaming, tired, under the influence of drugs or alcohol, or driving aggressively, these could be considered cognitive distractions.
- Manual distractions – When you take your hands off the wheel, this is a manual distraction. Smoking, eating, drinking, changing your radio, or using your phone could be considered manual distractions.
- Visual distractions – Anything that causes you to take your eyes off the roadways could be considered a visual distraction. Some examples include fiddling with temperature controls, making changes to your navigation system, or looking for items you accidentally dropped on the floor of your vehicle.
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SPEAK TO AN ATTORNEY TODAYWays to Prove Distracted Driving Accident Liability
For your civil lawsuit to be successful, your distracted driving accident attorney in Oklahoma will need to gather compelling evidence that can be used against the liable party. To do this, we will carefully investigate the circumstances of your case, hire expert witnesses to review the evidence, and conduct an in-depth investigation.
The burden of proof in distracted driving accident claims is based on a preponderance of the evidence. This means the evidence we collect must be powerful and convincing. Some of the most valuable types of evidence that can be used to prove negligence and liability and distracted driving accidents include the following:
- Copies of the defendant’s cell phone records
- Data from the vehicle’s black box or event data recorder (EDR)
- Statements from witnesses or passengers in either vehicle
- Reports from accident reconstructionists
- Police and crash reports
- Copies of the defendant’s medical records after the accident
- Photos of your injuries
- Photos of the damage to the accident scene
- Video footage of the collision
When to Call an Oklahoma Distracted Driving Accident Lawyer for Help
If you are wondering whether you should contact a distracted driving accident attorney for help, it is essential to consider how significantly your life has been affected by the accident and the injuries you sustained. As long as your lawyer can show that someone else’s conduct contributed to your injuries, you will likely be awarded compensation for your losses.
However, many distracted driving accident victims have concerns that their injuries need to be life-threatening or catastrophic in order to have a valid claim. This is not the case. Even seemingly minor injuries can have a substantial impact on your life. Some of the top injuries you might be able to sue for include:
- Brain trauma and head injuries
- Concussion
- Back and neck injuries
- Herniated discs
- Whiplash
- Lacerations
- Organ failure
- Amputation
- Post-traumatic stress disorder (PTSD)
- Broken bones and fractures
- Internal injuries
- Facial and dental injuries
Compensation for Victims of Distracted Driving
As a victim of a distracted driving accident, you are entitled to maximum compensation for your suffering. There are a multitude of damages you may be able to recover. Some you are entitled to, while others can be awarded on a case-by-case basis.
Compensatory Damages
Compensatory damages refer to losses you have a right to recover. They can encompass both economic and non-economic losses. Economic damages are financial, while non-economic damages describe physical trauma, emotional distress, and lifestyle damages. Some examples of recoverable compensatory damages include:
- Vehicle repair costs
- Healthcare expenses
- Physical pain
- Emotional trauma
- Inconvenience
- Reduced earning capacity
- Lost wages
- Loss of enjoyment of life
- Loss of consortium
- Skin scarring and disfiguring injuries
Punitive Damages
Punitive damages describe awards issued by the civil court system. These are generally only awarded in cases where the defendant exhibited malicious, intentional, willful, or abhorrent conduct. The court system will award punitive damages if they find it necessary and appropriate to punish the defendant and send a message to the public that similar conduct will not be tolerated.
Personal Injury Laws You Need to Know
As you pursue compensation for your damages after a distracted driving accident, there are several laws you need to be aware of, as they could significantly impact the outcome of your case. Some of the most notable laws include:
- Oklahoma operates under a fault-based auto insurance system where you file a claim with the liable party’s insurance provider as opposed to your own.
- If you share fault for your injuries, you can still recover compensation for your damages as long as your portion of the fault is not more than 50%, according to Oklahoma’s modified comparative negligence laws.
- The statute of limitations for distracted driving accidents and personal injury claims in Oklahoma is generally two years from the date of the accident.
Speak with an Experienced Distracted Driving Attorney in Oklahoma for Help Today
Distracted driving accidents can cause debilitating and life-threatening injuries. Do not let your injuries hold you back from demanding justice. Reach out to a reputable Oklahoma distracted driving accident attorney at BDIW Law today.
When you do, you can learn more about how much your claim could be worth, who could be sued for your damages, and what to expect next. Our firm is proud to offer free, no-obligation consultations to victims of distracted driving across the state. Please take advantage of this opportunity when you fill out our quick contact form or call our office today.
