400 N Walker Ave #130, Oklahoma City, OK Phone: (405) 605-2426
The State of Oklahoma Highway Safety Office estimated that in 2015, 3,500 people died, and 391,000 suffered injuries in car crashes due to distracted drivers. Since distracted driving – which includes texting and talking on the phone – became such an enormous issue, Oklahoma enacted a law that makes texting while driving illegal.
If you suffered an injury because a driver did not use reasonable care while driving or because they thought texting a response was more important than paying attention to the road. A distracted driving car accident lawyer can help you recover the compensation you deserve.
Laws Limiting Texting While Driving
The state of Oklahoma created the Trooper Nicholas Dees and Trooper Keith Burch Act of 2015 (The Act), which is a law that makes the operation of a motor vehicle while texting or on the phone illegal. This act followed the death of State Trooper Nicholas Dees and Trooper Keith Burch, who were both struck by a distracted driver while they were investigating another accident.
What Actions Violate Texting Laws?
The Act is outlined in Oklahoma Statute §47-11-901(d) and makes it clear it is illegal for anyone to drive on any street or highway while composing, sending, or reading a text message while the vehicle is in motion. If an individual violates this law, they may be subject to paying a fine of $100.
However, there are exceptions. When there is an emergency, texting, and driving may not be a violation of the law. The recognized emergencies are calls or texts to:
- An emergency response operator
- A hospital, physician’s office, or health clinic
- A provider of ambulance services
- A fire station
- A law enforcement officer
How to File an Auto Injury Claim
Proving that the other driver was texting may lead to putting one person’s word against another. However, some facts may make proving distracted driving easier. For example, suppose there was a witness to the defendant texting and driving negligently. In that case, they may have seen the defendant actively texting or looking at the phone while the vehicle moved and could confirm the plaintiff’s assertions.
A thorough Oklahoma City texting-while-driving car accident attorney may be able to obtain cell phone records showing that the defendant was on the phone or sending messages during the time of the accident. Finally, videos obtained from other drivers, police dashboards, traffic signals, or outside of stores may help prove the claim.
Oklahoma City typically allows a plaintiff two years to file a lawsuit. Working closely with an Oklahoma City texting-while-driving car accident lawyer may be essential to ensure you meet this deadline. If a complainant fails to file a claim within this time frame, they could risk not hearing their case and not receiving compensation.
Contact an Oklahoma City Texting While Driving Car Accident Attorney
Because each accident involving a distracted driver is different, you may need the help of an Oklahoma City texting-while-driving car accident lawyer with extensive experience litigating this type of accident.
Your injuries may range from severe sprains to life-threatening internal injuries. Regardless of your injuries, having a lawyer to negotiate with the insurance companies while you focus on recovering can be a relief. Contact an attorney so they can start working on a strategy to get you the best outcome for your case.