Oklahoma City Pedestrian Accident Lawyer

Pedestrian accidents are a significant concern in Oklahoma City and throughout the state. According to the Oklahoma Highway Safety Office statistics, there were 682 pedestrian accidents in 2020 alone, resulting in 86 fatalities and hundreds of injuries. Oklahoma City had the highest number of vehicle-pedestrian collisions in the state, with 229 incidents.

The situation has worsened in recent years. In 2021, pedestrian deaths reached their highest levels in 40 years nationwide. According to the Governors Highway Safety Association report, 7,485 pedestrians were killed across the United States in 2021. In Oklahoma alone, preliminary data shows that 102 pedestrians were killed in 2021, up from 86 pedestrian deaths in 2020.

In 2019, Oklahoma experienced nearly 100 vehicle vs. pedestrian crashes on highways, with a much higher number—546 crashes—occurring on city streets. Between 2015 and 2019, 83 pedestrians were killed in Tulsa County alone. Significantly, more than half of the drivers involved in those fatal crashes were not at fault.

Oklahoma City is considered “somewhat walkable,” with an average Walk Score rating of 62. However, pedestrians don’t always have the easiest time when they’re forced to share the roads with motor vehicles.

Legal Framework for Pedestrian Rights-of-Way: Oklahoma Statutes Title 47

Oklahoma has specific laws governing pedestrian right-of-way at crosswalks, outlined primarily in Oklahoma’s transportation and traffic safety laws. These regulations establish responsibilities for both drivers and pedestrians to ensure safety on roadways throughout the state.

Section 47-11-502

This statute, established in 1961, outlines the legal responsibilities regarding right-of-way in crosswalks throughout Oklahoma. According to Oklahoma’s pedestrian right-of-way statute, when traffic-control signals are not in place or not in operation, drivers must yield the right-of-way to pedestrians crossing the roadway within a crosswalk.

Driver Responsibilities

When Traffic Signals Are Not Present

When traffic-control signals are not in place or not in operation, drivers must yield the right-of-way to pedestrians crossing the roadway within a crosswalk when:

• The pedestrian is upon the half of the roadway upon which the vehicle is traveling
• The pedestrian is approaching so closely from the opposite half of the roadway as to be in danger

Drivers are required to slow down or stop if necessary to yield to pedestrians in these situations.

At Signaled Intersections

When a traffic light and walk signals are in place, pedestrians only have the right-of-way when they are instructed to cross. Drivers must respect these signals and yield accordingly.

General Duty of Care

Even when pedestrians are crossing in a place where they don’t have the right-of-way, drivers are still expected to show as much caution as possible. They must slow down and do everything possible to avoid a collision.

Pedestrian Responsibilities

According to Oklahoma City’s official pedestrian safety guidelines:

1. Pedestrians do not have the right-of-way on streets unless using a crosswalk at an intersection and must obey any signals and other signs at the intersection.
2. Pedestrians can only walk on a roadway if it’s safe and must walk facing traffic.
3. If there’s no crosswalk, pedestrians can only cross a street at a right angle to the curb.
4. It’s illegal to cross two streets at once by walking diagonally across an intersection.

Common Causes of Pedestrian Accidents in Oklahoma

The most common cause of pedestrian collisions in Oklahoma City is driver error. Almost all pedestrian accidents are preventable, often resulting from careless or reckless driving behaviors.

• Distracted driving (texting, phone use, adjusting radio)
• Driving while intoxicated or impaired
• Speeding or reckless driving
• Failing to yield to pedestrians
• Failing to stop at crosswalks
• Ignoring traffic signs
• Running red lights and stop signs

Environmental and Infrastructure Factors

• Poorly marked crosswalks
• Lack of dedicated infrastructure to protect pedestrians
• Inadequate lighting
• Poor weather conditions
• Poorly designed roadways

Pedestrian-Related Factors

• Jaywalking or crossing against signals
• Suddenly stepping into traffic
• Walking while distracted
• Failing to use designated crosswalks

Similar safety concerns also affect other vulnerable road users, such as those discussed in our Oklahoma City Bicycle Accident Lawyer resources.

If you’ve been injured in an accident, don’t take chances – schedule your free consultation.

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Common Pedestrian Accident Injuries

Pedestrians are extremely vulnerable to serious injuries in a collision with a heavy vehicle, no matter its speed on impact. Without the protection of a vehicle, pedestrians often suffer severe, life-altering injuries.

Physical Injuries

• Traumatic brain injuries (TBIs) and head injuries
• Broken bones (pelvis, back, hip, ribs, neck, legs, and arms)
• Spinal cord injuries
• Crush injuries causing organ damage
• Road rash wounds caused by hitting, sliding, or bumping on rough road surfaces
• Internal organ damage and bleeding
• Neck injuries

Long-term Consequences

• Paralysis (including quadriplegia and tetraplegia)
• Permanent disability
• Disfigurement
• Chronic pain
• Psychological trauma (PTSD, anxiety, depression)
• Loss of enjoyment of life

These injuries can lead to partial or total disability, requiring extended time away from work and resulting in significant medical bills.

What to Do After Being Hit By a Car In Oklahoma City

Because a pedestrian has no protection, injuries after a collision with a car are often devastating. If you have severe injuries, you may be unconscious or unable to safely move. However, if you’re able to, taking certain steps can protect both your safety and financial interests.

Immediate Steps

• Call 911 to report the accident to the police and request an ambulance
• Use your phone camera to take photos of:
  • The vehicle that hit you
  • Your visible injuries
  • Any contributing factors, such as crosswalks or traffic signals
  • The accident scene
• Collect the contact and insurance information of the driver
• Add the contact information of any nearby eyewitnesses to the accident

Medical Attention

• Tell your medical team about every injury and every symptom
• Ask for a detailed report with your doctor’s notes on your injuries, recommended treatment, and overall prognosis
• Save all medical bills and reports
• Keep a copy of the accident report
• Follow through with all prescribed treatments and keep all medical appointments

Legal Steps

• Call an attorney before speaking to insurance company representatives
• Refrain from discussing the accident with anyone other than your attorney
• Keep all records related to the accident and your injuries
• Keep track of missed work and other financial impacts

Determining Fault in Pedestrian Accidents

In an insurance claim, understanding and proving fault is critical. Evidence and the circumstances of the event establish a person’s liability for an accident. For example, a driver who failed to yield the right of way and hit a pedestrian likely bears responsibility.

Types of evidence used to determine fault include:

• Photos and videos of the accident scene
• Medical records
• Witness statements
• Police reports
• Dash cam or traffic cam footage
• Expert testimony

Oklahoma’s Comparative Negligence Law

Oklahoma follows a modified comparative negligence legal standard that allows an accident victim to receive financial compensation even with partial fault for the collision. As long as you are found to be less than 50% at fault for your pedestrian collision, you will qualify for monetary damages. The courts will reduce your recovery by your degree of fault.

For example, if you were not crossing at a crosswalk when struck by a drunk driver, a judge might decide you are 15% responsible for your injuries. If you were awarded $10 million, your payout would reflect a 15% deduction, leaving you with $8.5 million.

Insurance and Compensation for Pedestrian Accidents

Types of Insurance Coverage

Auto insurance policies can cover the costs of a pedestrian’s damages, including:

• Medical payments coverage (for medical expenses)
• Bodily injury coverage (for medical bills)
• Property damage coverage (for damaged personal property)
• Uninsured or underinsured motorist coverage (when the at-fault driver lacks insurance)

In Oklahoma, drivers are required to carry minimum amounts of insurance coverage:

• $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

Many accident victims wonder if their medical bills will be paid out of their car accident settlement.

Insurance Company Tactics

Insurance companies exist to make profits and often try to undervalue or deny valid claims. Common tactics include:

• Calling right after the accident to offer a low settlement in exchange for your signed release
• Recording phone communications and using innocent remarks against you
• Denying medical expense claims by stating their experts believe treatment is unnecessary
• Following your social media to “prove” you aren’t as injured as claimed
• Looking for pre-existing conditions to claim as the cause of your pain

It’s essential to understand whether you’re receiving a fair settlement offer before accepting any compensation.

At Hasbrook & Hasbrook, our personal injury attorneys go above and beyond for our clients.

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Compensation in Pedestrian Accident Cases

Types of Recoverable Damages

According to the Oklahoma Civil Code, pedestrian accident victims have the right to be reimbursed for every loss related to their injuries.

Economic Damages

• Medical expenses (past, current, and future)
  • Hospital bills
  • Rehabilitation and therapy costs
  • Medical devices and equipment
  • Out-of-pocket expenses and co-pays
• Lost income and future earnings potential
• Loss of benefits entitled to as an employee
• Loss of household services (household upkeep costs and childcare expenses)
• Disability-related expenses
• Property damage
• Funeral and burial expenses (in fatal accidents)

Non-Economic Damages

• Pain and suffering
• Emotional distress and mental anguish
• PTSD and psychological trauma
• Permanent disability, disfigurement, and scarring
• Loss of enjoyment of life
• Loss of consortium, support, guidance, intimate spousal relations, love, advice, and society

Several factors might influence your accident settlement amount, including injury severity and long-term impact.

Legal Process for Pedestrian Accident Claims

Building a Strong Case

To succeed in a pedestrian accident claim, you must prove:

• The defendant owed you a legal duty of care
• The defendant breached that duty through negligent actions or inactions
• The breach directly caused your injuries
• You suffered measurable damages as a result

Statute of Limitations

Under Oklahoma law, you typically have two years from the date of the accident to file a personal injury lawsuit. After this period, you generally cannot pursue compensation in court.

Exceptions to this rule include:

• Children: The statutory window for minors doesn’t begin until their 18th birthday
• Delayed diagnoses: For injuries not immediately diagnosed, the statutory clock starts on the day of diagnosis
• Hit-and-run cases: The statute may be suspended until the at-fault driver is found

Safety Recommendations

Avoiding becoming a crash statistic requires simple but effective precautions:

For pedestrians:

• Always look both ways before crossing any street or highway
• Use intersections for crossing whenever possible
• Follow all pedestrian safety guidelines

For drivers:

• Remain vigilant and watch for pedestrians
• Allow sufficient time to slow down and react if a pedestrian enters the roadway
• Avoid texting and driving, which significantly increases the risk of pedestrian accidents

Pedestrian Accident Frequently Asked Questions

Do Oklahoma Pedestrians Have the Right-Of-Way at Crosswalks with Lights?

When a traffic light and walk signals are in place, pedestrians only have the right of way when they are instructed to cross. Pedestrians must obey the instructions of official traffic-control devices specifically applicable to them.

Do Oklahoma Pedestrians Have the Right-Of-Way at Crosswalks at Intersections Without Traffic Lights?

Yes, pedestrians coming to a crosswalk where there are no traffic lights do have the right-of-way. Drivers must yield by slowing down and stopping if necessary. However, for their own safety, Oklahoma statutes prohibit pedestrians from stepping into a street in front of a vehicle that won’t be able to stop in time to avoid a collision.

Are Drivers Still Responsible for Pedestrian Accidents If They Have the Right-Of-Way?

Even when pedestrians are crossing in a place where they don’t have the right-of-way, drivers are still expected to exercise due care to avoid collisions. This is why drivers can be held liable for collisions, even if pedestrians were crossing where they shouldn’t have been.

What to Do After Being Hit By a Car In Oklahoma City?

Call 911, document the scene with photos, collect contact information from the driver and witnesses, seek medical attention, save all medical records, and consult an attorney before speaking with insurance companies.

What Is the Comparative Negligence Law?

Oklahoma’s comparative negligence law allows injured parties to receive compensation even if partially at fault, as long as they are less than 50% responsible. Your award will be reduced by your percentage of fault.

What Damages Can I Seek in a Pedestrian Accident Claim in Oklahoma?

You can seek compensation for medical expenses (past and future), lost income, diminished earning capacity, pain and suffering, emotional trauma, disfigurement, disability, loss of enjoyment of life, and other applicable damages.

Do I Need a Lawyer for My Pedestrian Accident Claim?

While not legally required, having an attorney is highly recommended. They can handle negotiations with insurance companies, properly evaluate your claim, collect the necessary evidence, and represent you in court if needed. For more information, see our guide on what are the most common personal injury claims and how a lawyer can help.

We fight aggressively to maximize your compensation and ensure you receive what you deserve.

Call: 405-605-2426

Additional Resources

• Oklahoma Statutes Title 47 – Motor Vehicles
• Oklahoma City Pedestrian Safety Information
• Oklahoma Highway Safety Office’s Crash Data
• OHSO’s Interactive Crash Maps
• Oklahoma Auto Insurance Brochure
• Oklahoma Civil Code Title 23
• City of Oklahoma City Official Website
• Oklahoma Statute of Limitations for Personal Injury Claims