How do I know if I have a valid car accident claim?

Clayton T. Hasbrook

Written by Clayton T. Hasbrook. Last modified on July 10, 2024

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To have a valid car accident claim in Oklahoma, you generally need to show that another party was negligent and that their negligence caused your injuries or damages. This typically involves proving four elements: duty, breach, causation, and damages.

First, you must demonstrate that the other driver owed you a duty of care, which is usually established by the fact that all drivers have a responsibility to operate their vehicles safely. Next, you need to show that the driver breached this duty through their actions or inactions, such as speeding, running a red light, or texting while driving.

Finally, you must prove that this breach directly caused your injuries and that you suffered actual damages as a result. These damages can include medical expenses, lost wages, property damage, and pain and suffering. If you can establish these elements, you likely have a valid car accident claim in Oklahoma.

Key Elements of a Valid Car Accident Claim

Key Elements of a Valid Car Accident ClaimTo have a strong car accident claim in Oklahoma, your case should generally meet the following criteria:

  1. The other driver was negligent
  2. Their negligence caused your injuries
  3. You suffered damages as a result
  4. The accident occurred within the past two years

Let’s examine each of these elements in more detail.

How can I prove negligence in a car accident case?

To prove negligence in a car accident case:

  1. Gather evidence such as police reports, witness statements, and photos from the accident scene
  2. Document examples of driver negligence, including:
    • Speeding
    • Running red lights or stop signs
    • Distracted driving (e.g., texting while driving)
    • Drunk driving
    • Failing to yield the right of way
    • Following too closely
  3. Obtain traffic camera footage if available
  4. Collect any relevant cell phone records or breathalyzer test results
  5. Consider consulting an accident reconstruction specialist for expert testimony

How to establish causation between the accident and your injuriesTo establish causation between the accident and your injuries:

  1. Seek immediate medical attention after the accident
  2. Follow all prescribed treatments and attend follow-up appointments
  3. Keep detailed medical records, including diagnoses and treatment plans
  4. Document how your injuries have affected your daily life and work
  5. Maintain a personal injury journal detailing your recovery process
  6. Preserve any physical evidence, such as damaged clothing or personal items

What types of damages can I claim in a car accident case?

What types of damages can I claim in a car accident case?In a car accident case, you may be able to claim:

  1. Medical expenses (current and future)
  2. Lost wages and loss of earning capacity
  3. Property damage
  4. Pain and suffering
  5. Emotional distress
  6. Loss of enjoyment of life

Keep detailed records of all accident-related expenses and document how the injuries have impacted your daily activities.

What happens if I miss the statute of limitations deadline?

If you miss the two-year statute of limitations deadline in Oklahoma:

  1. Your case will likely be dismissed if filed after the two-year period
  2. You may lose your right to seek compensation through the court system
  3. The defendant can use the expired statute of limitations as a defense
  4. There are very few exceptions to extend the deadline
  5. Consult with an attorney as soon as possible to avoid missing this crucial deadline

Oklahoma’s Modified Comparative Negligence Rule

Oklahoma's Modified Comparative Negligence RuleOklahoma follows a modified comparative negligence rule, as stated in Oklahoma Statutes Title 23, Section 13. This means that if you were partially at fault for the accident, your compensation may be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover any damages.

How does Oklahoma’s comparative negligence rule affect my claim?

Oklahoma’s comparative negligence rule affects your claim by:

  1. Reducing your compensation by your percentage of fault
  2. Barring recovery if you’re found to be 51% or more at fault
  3. Influencing insurance adjusters’ tactics to assign you a higher percentage of fault
  4. Emphasizing the importance of gathering evidence to support your version of events
  5. Highlighting the value of an experienced attorney who can argue for a lower percentage of fault on your behalf

Steps to Take After an Oklahoma Car Accident

To strengthen your potential claim, take these important steps following an accident:

  1. Seek medical attention immediately, even if you feel fine
  2. Report the accident to the police and obtain a copy of the accident report
  3. Gather contact and insurance information from all involved parties
  4. Take photos of the accident scene, vehicle damage, and your injuries
  5. Obtain contact information from any witnesses
  6. Notify your insurance company about the accident
  7. Keep detailed records of all medical treatments and expenses
  8. Consult with an experienced Oklahoma car accident attorney

What should I look for when choosing a car accident attorney in Oklahoma?

When selecting a car accident attorney in Oklahoma, consider:

  1. Experience handling car accident cases in Oklahoma
  2. Track record of successful settlements and verdicts
  3. Knowledge of Oklahoma traffic laws and insurance regulations
  4. Willingness to take your case to trial if necessary
  5. Clear communication and responsiveness
  6. Positive client reviews and testimonials
  7. Resources to thoroughly investigate and build your case
  8. Transparent fee structure (most work on a contingency basis)
  9. Personal comfort level and trust in the attorney
  10. Membership in trial lawyer professional organizations

By understanding these elements and taking the right steps after an accident, you can better protect your legal rights and increase your chances of a successful claim. Remember, every car accident case is unique, so it’s best to consult with a qualified Oklahoma personal injury attorney who can provide personalized advice based on the specifics of your situation.

Are you aware of Oklahoma’s statute of limitations for car accident claims? Don’t risk losing your right to compensation. Hasbrook & Hasbrook can help you take timely action to protect your legal rights. We’ll ensure all necessary steps are taken within the required timeframe. Reach out today for a free consultation and let us safeguard your interests.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.