Pedestrian Accident

FAQs

What Should I Do Immediately After Being Involved In A Pedestrian Accident In Oklahoma?

If you have been involved in a pedestrian accident in Oklahoma, there are certain things that you should do immediately to ensure your safety and protect your rights. By taking these steps, you are improving the likelihood that you will receive the compensation and support that you deserve. 

These steps may vary slightly depending on the specific circumstances of the accident, but here are some general guidelines to follow:

1. Turn on hazards - This will signal other drivers to slow down and help to avoid more collisions.

2. Contact the Police - It is important to contact the police immediately after a pedestrian accident, no matter how minor it may seem. The police will create an official report of the accident, which can be used as evidence in any legal proceedings or insurance claims. They will also ensure that any necessary emergency services are contacted and provided on the scene.

3. Take photos at the scene - Take photos of the accident scene, including both vehicles and any damages or injuries. Make sure to take multiple angles to fully document the scene and get close-up photos of any damage to your motorcycle or injuries you sustained. 

4. Get to a safe location - If possible, only move your vehicle to the side of the road or a safe location to avoid further accidents. Otherwise leave your vehicle where it is so the police can document the scene.

5. Talk to witnesses. If there were any witnesses to the accident, make sure to talk to them and get their contact information. Witness statements can be incredibly helpful if there is a dispute over who was at fault for the accident. 

6. Get the insurance and vehicle information of the other driver - Make sure to exchange insurance and vehicle information with the other driver involved in the accident. This includes their name, contact information, insurance policy number, and license plate number. If the driver is not the owner of the vehicle, make sure to get the owner’s information as well. 

7. Check for injuries - The next thing you should do is check yourself and others involved in the accident for any injuries.

8. Seek Medical Attention - The first thing you should do after being injured in a pedestrian accident is to seek medical attention. Even if you feel fine, it is important to get checked out by a doctor as soon as possible. Some injuries may not be immediately apparent, and the adrenaline from the accident could mask any pain or discomfort you may be feeling. Additionally, having documentation of your injuries and medical treatment will be important for any potential legal claims or insurance claims that may arise.

9. Notify Your Insurance Company - It is important to notify your insurance company as soon as possible after a pedestrian accident in Oklahoma. Many insurance policies have specific time limits for reporting accidents, and failure to do so could result in losing coverage. Even if you were not at fault for the accident, it is still important to inform your insurance company of what happened.

10. Consult with an Experienced Pedestrian Accident Attorney - Finally, it is highly recommended that you consult with an experienced pedestrian accident attorney in Oklahoma. They can help guide you through the legal process, ensure your rights are protected, and assist in obtaining any compensation you may be entitled to for your injuries and damages. An attorney will also be able to review any insurance policies or claims made by other parties involved in the accident to ensure that you are not being taken advantage of.

11. Keep records - Be sure to keep all documents related to the accident, including police reports, medical records, and any communication with insurance companies or attorneys.

12. Take care of yourself - It's common to experience physical and emotional distress after a car accident. Be sure to take care of yourself by resting, seeking medical treatment, and talking to friends or family for support.

13. Follow Your Doctor's Recommendations - It is important to follow any recommended treatment plan from your doctor and attend all necessary medical appointments. This will not only help you recover physically, but it can also strengthen your case for compensation.

‍

‍Additional Tips and Information:

• In Oklahoma, the statute of limitations for filing a personal injury claim after a pedestrian accident is two years from the date of the accident. It is important to keep this in mind and act within this timeframe if you wish to pursue legal action.

• If you were injured due to the negligence or wrongdoing of another party, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. It is important to consult with an attorney to determine the best course of action for your specific situation.

• If a loved one was killed in a pedestrian accident in Oklahoma, their immediate family members may be able to file a wrongful death claim and seek compensation for their losses. Again, it is important to consult with an attorney to understand your legal rights and options.

• Remember to always prioritize your safety after a pedestrian accident. Do not try to negotiate or settle with the other party involved in the accident on your own, as this could potentially harm your chances of receiving fair compensation.

• If you are contacted by insurance adjusters or representatives from the other party's insurance company, it is best to direct them to your attorney and not provide any statements or sign any documents without legal representation.

• Seeking medical attention immediately after a pedestrian accident is crucial for both your well-being and potential legal claims. Make sure to follow all treatment plans and attend all necessary appointments for proper documentation of your injuries.

• If you are unable to gather information or take photos at the scene of the accident due to your injuries, ask a trusted friend or family member to do so on your behalf.

• Do not hesitate to reach out for emotional support after a pedestrian accident. It can be a traumatic experience, and seeking counseling or therapy can help you cope with any mental or emotional distress you may be experiencing.

By following these steps and seeking the help of an experienced attorney, you can ensure that your rights are protected and that you receive proper compensation for your injuries after a pedestrian accident in Oklahoma.

How Is Fault Determined In Pedestrian Accidents In Oklahoma?

In Oklahoma, fault for a pedestrian accident is determined using the legal principle of "comparative negligence." This means that if both the pedestrian and the driver were partially at fault for the accident, their degree of fault will be taken into consideration when determining any potential compensation.

For example, if a jury determines that the pedestrian was 25% at fault for the accident and the driver was 75% at fault, any compensation awarded would be reduced by 25% to reflect the pedestrian's level of fault.

To determine the fault, a thorough investigation of the accident will be conducted, including examining evidence such as witness statements, police reports, and any available surveillance footage or photographs. Additionally, expert testimony may be used to reconstruct the accident and establish fault.

The factors that will be considered when determining fault include:

• Whether the driver was operating their vehicle safely and following traffic laws

• Whether the pedestrian was using designated crosswalks or sidewalks

• Any contributing factors such as poor road conditions or weather

• If either party was under the influence of drugs or alcohol at the time of the accident

‍

In some cases, fault may be clear and uncontested. However, in many pedestrian accident cases, there may be conflicting evidence or disputes over who is at fault. This is where the assistance of an experienced attorney can be crucial in ensuring that you receive fair compensation for your injuries.

Who Can Be Held Liable In A Pedestrian Accident Personal Injury Case?

In a pedestrian accident personal injury case in Oklahoma, there are multiple parties that could potentially be held liable for your injuries and damages. These include:

• The driver of the vehicle involved in the accident: If the driver was negligent or reckless in their actions leading up to the accident, they may be held responsible for any resulting injuries.

• The owner of the vehicle: If the driver was operating a vehicle owned by someone else at the time of the accident, the owner may also be held liable for any damages.

• The manufacturer or seller of a defective vehicle or part: If an issue with the vehicle's design or parts contributed to the accident, the manufacturer or seller may be held liable for any resulting injuries.

• Government entities responsible for maintaining roads and sidewalks: If poor road conditions or lack of proper signage contributed to the accident, the government entity responsible for these areas may be held responsible for any resulting injuries.

• Pedestrians or other parties involved in the accident: As mentioned before, comparative negligence may apply if multiple parties were at fault for the accident. This means that the pedestrian's actions leading up to the accident will also be taken into consideration when determining liability.

It is important to consult with an attorney to determine all potential liable parties in your specific case and to ensure that you receive fair compensation from each party involved. Additionally, a skilled attorney can navigate any legal complexities and advocate for your best interests throughout the process.

How Long Do I Have To File A Pedestrian Accident Claim In Oklahoma?

In Oklahoma, the statute of limitations for personal injury claims, including pedestrian accidents, is two years from the date of the accident. This means that you have two years from the date of your accident to file a claim or lawsuit seeking compensation for your injuries and damages.

However, it is important to note that there may be certain factors that could affect this timeline. For example, if the accident involved a government entity, there may be specific deadlines and requirements for filing a claim against them. It is best to consult with an attorney as soon as possible after your accident to ensure that you do not miss any important deadlines.

Additionally, keep in mind that the process of building a strong case and negotiating a fair settlement can take time. This is why it is important to seek legal representation as early as possible to give your attorney enough time to gather evidence and advocate for your case.

Dealing with the aftermath of a pedestrian accident in Oklahoma can be overwhelming, both physically and emotionally. However, seeking proper medical attention, gathering evidence, and consulting with an experienced attorney can help ensure that you receive fair compensation for your injuries and damages.

Should I Accept An Insurance Settlement Offer After A Pedestrian Accident?

After a pedestrian accident in Oklahoma, you may receive a settlement offer from the insurance company representing the at-fault party. While it may be tempting to accept this offer and move on from the incident, it is important to consider all factors before deciding.

Firstly, it is important to understand that insurance companies are businesses, and their main goal is to minimize their financial liability. This means that their initial settlement offer may not fully cover all your injuries and damages.

Additionally, accepting a settlement offer may require you to sign a release of liability, meaning you cannot seek any further compensation for your injuries in the future. This is why it is important to consult with an attorney before accepting any offers or signing any documents from the insurance company.

An attorney can review your case and determine if the offer is fair or if you should pursue further legal action.

Whether you should accept an insurance settlement offer in a pedestrian accident personal injury case in Oklahoma depends on various factors. These include the extent of your injuries, liability for the accident, and any potential long-term effects of your injuries. Consulting with an experienced attorney can help you make an informed decision and ensure that you receive fair compensation for your losses.

What If The Driver Who Hit Me Was Uninsured Or Underinsured?

In the unfortunate event that the driver who hit you in a pedestrian accident was uninsured or underinsured, there are still options for seeking compensation. In Oklahoma, drivers are required to carry minimum liability insurance coverage of $25,000 per person and $50,000 per accident.

If the at-fault driver does not have insurance or does not have enough coverage to fully compensate you for your injuries and damages, you may be able to file a claim with your own insurance company under your uninsured/underinsured motorist (UM/UIM) coverage. This type of coverage is designed to protect you in situations where the at-fault party does not have enough insurance to cover your losses.

However, it is important to note that UM/UIM coverage may not cover all of your damages, and it is important to carefully review your insurance policy and consult with an attorney before making any decisions. An experienced attorney can help you navigate the complexities of filing a UM/UIM claim and ensure that you receive fair compensation for your injuries.

How Can An Oklahoma Personal Injury Attorney Assist Me In My Pedestrian Accident Case?

An Oklahoma personal injury attorney can provide valuable assistance in a pedestrian accident case in many ways. Some of the key ways they can help include:

1. Gathering evidence: An experienced attorney will know what types of evidence are crucial for building a strong case, such as medical records, witness statements, and accident reports. They can also use their resources to gather this evidence efficiently.

2. Determining liability: As mentioned earlier, comparative negligence may apply in pedestrian accident cases, meaning multiple parties may be at fault for the incident. An attorney can help determine the extent of each party's liability and ensure that you receive fair compensation from all liable parties.

3. Negotiating with insurance companies: Insurance companies are known for using tactics to devalue or deny legitimate claims. An attorney can negotiate with them on your behalf and ensure that you receive a fair settlement offer.

4. Representing you in court: If necessary, an attorney can represent you in court and present your case to a judge or jury. They can also handle any legal complexities that may arise during the trial process.

In addition to these specific tasks, an Oklahoma personal injury attorney can also provide invaluable guidance and support throughout the entire legal process. They can answer any questions you may have, keep you updated on the progress of your case, and advocate for your best interests every step of the way.

What Evidence Is Crucial In A Pedestrian Accident Claim?

In a pedestrian accident personal injury case in Oklahoma, there are several types of evidence that are crucial for building a strong claim. These may include:

1. Medical records: Your medical records will serve as proof of your injuries and the extent of your damages. It is important to seek proper medical treatment immediately after the accident and follow all recommended treatments to ensure that you have thorough documentation of your injuries.

2. Accident reports: Police reports and other official documents can help establish the details of the accident, such as date, time, location, and any contributing factors.

3. Witness statements: Eyewitness testimony can be invaluable in proving liability for a pedestrian accident. Gathering witness statements and contact information at the scene of the accident can greatly benefit your case.

4. Photos and videos: Visual evidence, such as photos or videos of the accident scene, can help recreate the events leading up to the incident and strengthen your claim.

5. Expert opinions: In some cases, expert opinions may be necessary to establish certain aspects of your case, such as the extent of your injuries or the cause of the accident.

By gathering and presenting these types of evidence, you can build a strong case and increase your chances of receiving fair compensation for your injuries and damages. An experienced attorney can help you gather the necessary evidence and present it effectively in court or during settlement negotiations.

How Does Comparative Negligence Affect A Pedestrian Accident Claim In Oklahoma?

Comparative negligence is a legal concept that can have a significant impact on pedestrian accident personal injury cases in Oklahoma. This doctrine allows for the assignment of fault to multiple parties involved in an accident, based on their level of responsibility for the incident.

Under comparative negligence laws, each party's percentage of fault is determined and used to reduce their total compensation accordingly. For example, if you are found to be 20% at fault for the accident, your compensation amount will be reduced by 20%.

In Oklahoma, there is a "50% rule" in place, meaning that if you are found to be more than 50% at fault for the accident, you will not be able to recover any compensation. This is why it is crucial to have an experienced attorney on your side to help determine liability and argue for your fair share of compensation.