You were crossing the street — maybe in a crosswalk, maybe stepping off a curb near your parked car — when a driver plowed into you without warning. Now you’re in a hospital bed with broken bones, a head injury, and no idea how you’ll pay for any of it. The driver’s insurance company is already calling, asking for a recorded statement. They sound friendly. They are not on your side.
Pedestrian accidents are among the most devastating collisions on Oklahoma roads. A 4,000-pound vehicle against a human body produces catastrophic results nearly every time. According to the National Highway Traffic Safety Administration, pedestrian fatalities have surged more than 50% nationally over the past decade. Oklahoma consistently ranks among the most dangerous states for pedestrians, with dozens of pedestrian deaths each year — many of them in the Oklahoma City metro area.
If a driver hit you or someone you love while walking, you have legal rights. Oklahoma law imposes clear duties on drivers to watch for and yield to pedestrians. When they fail, they owe you compensation — and our job is to make sure you actually collect it.
Why Do You Need a Pedestrian Accident Lawyer in Oklahoma?
You need a pedestrian accident lawyer because insurance companies exploit unrepresented pedestrians by offering lowball settlements that cover a fraction of actual damages. An experienced attorney levels the playing field, investigates the crash independently, documents the full scope of your injuries, and negotiates from a position of strength backed by trial preparation.
Pedestrian accident claims are not simple fender-bender cases. The injuries are more severe. The medical bills are higher. The recovery timeline stretches months or years. And the insurance tactics are more aggressive because the stakes are bigger for the insurer.
Here is what typically happens without a lawyer: the at-fault driver’s insurance adjuster contacts you within days of the crash. They ask questions designed to create doubt about your injuries. They request broad medical authorizations so they can dig through your entire health history looking for pre-existing conditions. Then they offer a settlement — often before you even know the full extent of your injuries — that barely covers your current medical bills and ignores your future treatment, lost income, and pain.
A pedestrian accident lawyer changes that dynamic entirely. At Hasbrook & Hasbrook, we handle the investigation from day one. We obtain the police report, pull surveillance footage from nearby businesses, interview witnesses, and work with accident reconstruction experts when needed. We document your injuries with the right medical specialists and build a demand that reflects what your case is actually worth — not what the insurance company hopes you’ll accept.
family-run Oklahoma personal injury attorneys, we have spent decades watching insurance companies underpay pedestrian accident claims. We know their playbook because we’ve beaten it hundreds of times.
What Are the Most Common Causes of Pedestrian Accidents in Oklahoma?
The most common causes of pedestrian accidents in Oklahoma are distracted driving, failure to yield at crosswalks, speeding, driving under the influence, and poor visibility conditions. These driver failures account for the overwhelming majority of pedestrian crashes statewide, particularly at urban intersections and in parking lots.
Distracted driving is the leading cause. A driver checking a text message at 35 miles per hour travels the length of a football field without looking at the road. That is more than enough distance to miss a pedestrian stepping into a crosswalk. Oklahoma’s distracted driving laws have not kept pace with the problem, but civil liability for distracted drivers who hit pedestrians is well established.
Failure to yield at crosswalks causes a significant share of pedestrian crashes. Under 47 O.S. § 11-502, drivers must yield the right-of-way to pedestrians crossing within a marked or unmarked crosswalk. Many Oklahoma drivers either don’t know this law or ignore it. The result is predictable — pedestrians who followed the rules get struck by drivers who didn’t.
Speeding dramatically increases both the likelihood and severity of pedestrian injuries. A pedestrian struck at 25 mph has a roughly 10% chance of dying. At 40 mph, that number jumps to approximately 45%. At 55 mph, survival is unlikely. Oklahoma City’s wide, fast-moving roads create conditions where even a few miles per hour over the limit can be the difference between a broken leg and a funeral.
Driving under the influence of alcohol or drugs accounts for a disproportionate share of fatal pedestrian accidents. Impaired drivers have slower reaction times, impaired judgment, and reduced ability to see pedestrians in low-light conditions. Oklahoma sees a spike in DUI-related pedestrian crashes during evening hours and on weekends.
Left-turn crashes at intersections are particularly dangerous for pedestrians. Drivers making left turns focus on gaps in oncoming traffic and often fail to check the crosswalk they’re turning into. This is one of the most common crash scenarios we see in Oklahoma City pedestrian cases.
Parking lot accidents happen more often than most people realize. Backing vehicles, obstructed sightlines, and drivers focused on finding spaces rather than watching for people on foot create a hazardous environment. Children and elderly pedestrians are especially vulnerable in parking lots.
School zone violations put Oklahoma’s most vulnerable pedestrians — children — at risk. Drivers who speed through school zones or ignore crossing guards face enhanced penalties, and civil liability in these cases is particularly strong.
Poor road design and inadequate lighting contribute to many pedestrian accidents, especially in suburban areas where roads were built for cars with little thought for people on foot. In some cases, a municipality or the Oklahoma Department of Transportation may share liability for failing to install adequate crosswalks, signals, or lighting.
What Compensation Can You Recover After a Pedestrian Accident?
After a pedestrian accident in Oklahoma, you can recover compensation for medical expenses actually paid, lost wages, diminished earning capacity, physical pain, emotional distress, disfigurement, and loss of quality of life. In cases involving drunk or reckless drivers, punitive damages may also be available under 23 O.S. § 9.1.
Oklahoma is a “paid, not incurred” state, which means you recover the medical expenses that were actually paid on your behalf — not the full amount billed. This makes it critical to document every payment source, including health insurance, Medicare, Medicaid, and medical payment coverage under auto policies. Your attorney must track these numbers precisely to maximize your recovery.
| Damage Category | What It Covers | How It’s Calculated |
|---|---|---|
| Medical expenses (past) | Emergency room, surgery, hospitalization, rehabilitation, prescriptions, medical devices | Amounts actually paid by or on behalf of the injured person |
| Medical expenses (future) | Projected surgeries, ongoing therapy, long-term care, future prescriptions | Expert medical testimony and life-care planning reports |
| Lost wages (past) | Income missed during recovery period | Pay stubs, tax returns, employer verification |
| Lost earning capacity (future) | Reduced ability to earn income due to permanent injuries | Vocational expert testimony and economic analysis |
| Pain and suffering | Physical pain endured from injuries and medical treatment | Severity of injuries, duration of recovery, medical records |
| Emotional distress | Anxiety, PTSD, depression, fear of crossing streets | Mental health treatment records, psychological evaluations |
| Disfigurement / Scarring | Permanent visible injuries, surgical scars, road rash scarring | Location, visibility, and permanence of scarring |
| Loss of quality of life | Inability to enjoy hobbies, activities, and daily living as before | Before-and-after testimony from family, friends, and treating physicians |
| Punitive damages | Punishment for reckless or intentional conduct (DUI, hit-and-run) | Capped under 23 O.S. § 9.1 — greater of $100,000 or actual damages amount |
Pedestrian injuries tend to be far more severe than injuries in vehicle-to-vehicle crashes. Common injuries include traumatic brain injuries, spinal cord damage, multiple fractures, internal organ damage, and severe road rash. Many pedestrian accident survivors face permanent disabilities that fundamentally change their ability to work, care for themselves, and enjoy life.
Our results in pedestrian cases reflect the seriousness of these injuries. We recovered a $550,000 settlement for a pedestrian struck in a crosswalk by a distracted driver who suffered multiple fractures. In another case, we secured a $325,000 settlement for a pedestrian hit in a parking lot who sustained a traumatic brain injury. Every case is different, but these results show what thorough preparation and aggressive negotiation can produce.
What Does Oklahoma Law Say About Pedestrian Accident Cases?
Oklahoma law establishes clear right-of-way rules favoring pedestrians in crosswalks under 47 O.S. § 11-502, requires drivers to exercise due care to avoid hitting pedestrians under 47 O.S. § 11-503, and applies a comparative negligence system under 23 O.S. § 13 that reduces — but does not eliminate — recovery when a pedestrian shares fault.
Pedestrian right-of-way at crosswalks (47 O.S. § 11-502): Oklahoma law requires drivers to yield the right-of-way to pedestrians crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection. This applies whether or not there is a traffic signal. When a vehicle is stopped at a crosswalk to let a pedestrian cross, drivers in adjacent lanes must also stop or slow down. Violating this statute creates strong evidence of negligence in a civil case.
Driver duty of care toward pedestrians (47 O.S. § 11-503): Every driver must exercise due care to avoid colliding with any pedestrian on the roadway. This means drivers must give audible warning when necessary and exercise proper precaution when observing any child or confused or incapacitated person on the road. This statute creates a heightened duty — drivers cannot simply claim they didn’t see a pedestrian.
Pedestrian obligations: Oklahoma law also places some duties on pedestrians. Pedestrians must obey traffic signals (47 O.S. § 11-501) and, when crossing outside a crosswalk, must yield the right-of-way to vehicles (47 O.S. § 11-502(b)). However, violating these rules does not automatically bar recovery. Oklahoma’s comparative negligence system determines how fault is allocated.
Comparative negligence (23 O.S. § 13): Oklahoma follows a modified comparative negligence rule. You can recover damages as long as your fault does not exceed 50%. If you are found partially at fault — for example, you were jaywalking — your damages are reduced by your percentage of fault, but you still recover the remainder. A pedestrian found 20% at fault for crossing outside a crosswalk on a $500,000 claim would still recover $400,000.
Statute of limitations (12 O.S. § 95): You have two years from the date of the accident to file a pedestrian accident lawsuit in Oklahoma. Miss that deadline and your claim is permanently barred, regardless of how strong your case is. In wrongful death cases, the two-year clock starts on the date of death, which may differ from the date of the accident if the pedestrian survived for a period before dying.
Wrongful death (12 O.S. § 1053): When a pedestrian accident is fatal, Oklahoma’s wrongful death statute allows the personal representative of the deceased person’s estate to bring a claim. Recoverable damages include medical and funeral expenses, lost financial support, loss of companionship, and grief. Learn more about these claims on our wrongful death page.
Punitive damages (23 O.S. § 9.1): When a driver’s conduct is reckless — such as driving drunk, texting while driving, or fleeing the scene after hitting a pedestrian — Oklahoma law allows punitive damages. Punitive damage caps apply, but in egregious cases they can significantly increase the total recovery.
How Do Insurance Companies Handle Pedestrian Accident Claims?
Insurance companies handle pedestrian accident claims by minimizing payouts through rapid lowball offers, disputing injury severity, arguing the pedestrian was at fault, and delaying the process until financial pressure forces a cheap settlement. Their adjusters are trained professionals whose job is to protect the company’s bottom line — not to help you.
The insurance company’s first move is almost always a quick settlement offer. Within days of your accident — sometimes while you’re still hospitalized — an adjuster will call with what sounds like a generous number. It won’t be. That offer is calculated based on your current medical bills only, ignoring future treatment, lost earning capacity, and the full impact of your injuries on your life. They want you to sign before you understand what your case is actually worth.
Next comes the blame game. Even in cases where the driver clearly ran a red light or was texting, the insurance company will look for any reason to shift fault to you. Were you wearing dark clothing? Were you outside a crosswalk? Were you looking at your phone? They will use anything — no matter how minor — to argue comparative negligence and reduce your recovery under 23 O.S. § 13.
The insurance company will also request a broad medical records release. They frame it as routine, but the real goal is to comb through your entire medical history for pre-existing conditions they can blame your injuries on. A prior back complaint from five years ago suddenly becomes the “real” cause of your spinal injury. Your attorney should provide only relevant medical records — never sign a blanket release.
Surveillance is common in pedestrian cases with serious injuries. If you claim you can’t walk without assistance, the insurance company may hire investigators to follow you with cameras. A single moment of you carrying groceries or bending down can be taken out of context and used to undermine your credibility. This doesn’t mean you should hide — it means you should be honest about your limitations and follow your doctor’s instructions at all times.
At Hasbrook & Hasbrook, we have handled these tactics for decades. We know what adjusters are trained to do, and we prepare our cases to neutralize every strategy in their playbook.
What Should You Expect During Your Pedestrian Accident Claim?
You should expect your pedestrian accident claim to take anywhere from several months to over a year, depending on injury severity and whether the case settles or goes to trial. The process moves through distinct phases: investigation, medical treatment, demand and negotiation, and — if necessary — litigation and trial.
Phase 1 — Investigation and case building (weeks 1-8): Your attorney obtains the police crash report, preserves evidence, sends spoliation letters to prevent the destruction of surveillance footage, identifies witnesses, and begins working with experts. If the at-fault driver was cited or arrested (DUI, hit-and-run), the criminal case file becomes valuable evidence in your civil claim.
Phase 2 — Medical treatment (ongoing): You focus on getting better. Your attorney monitors your treatment and communicates with your medical providers to ensure proper documentation. Pedestrian injuries often require multiple surgeries, extended rehabilitation, and specialist consultations. Your attorney should not rush you to settle before you’ve reached maximum medical improvement — the point where your doctors say further treatment won’t significantly change your condition.
Phase 3 — Demand and negotiation (weeks after treatment stabilizes): Once your medical picture is clear, your attorney assembles a comprehensive demand package. This includes all medical records and bills, evidence of lost income, expert reports, and a detailed calculation of pain and suffering. The insurance company responds with a counter-offer, and negotiation begins. Most pedestrian accident cases settle during this phase.
Phase 4 — Litigation (if needed): If the insurance company refuses to offer fair value, your attorney files a lawsuit. Discovery, depositions, and motion practice follow. Many cases settle after a lawsuit is filed — sometimes on the courthouse steps before trial. But you need an attorney who is genuinely prepared to try the case, because insurance companies can tell the difference between a lawyer who bluffs and one who means it.
Throughout this process, you should expect regular communication from your attorney. At Hasbrook & Hasbrook, we provide updates at every stage and make ourselves available when you have questions. You should never feel like your case disappeared into a black hole.
What Steps Should You Take After Being Hit by a Car?
After being hit by a car as a pedestrian, you should call 911 immediately, stay at the scene if physically able, document everything you can, get witness contact information, seek medical treatment the same day, and contact a pedestrian accident lawyer before speaking with any insurance company.
Call 911: A police report is essential evidence in your case. Officers will document the scene, take witness statements, note the driver’s information, and often issue citations. Do not let the driver talk you out of calling police, even if they seem apologetic and offer to “handle it privately.”
Get medical attention immediately: Even if you feel okay at the scene, adrenaline masks pain. Pedestrian impacts can cause internal bleeding, concussions, and soft tissue injuries that don’t produce immediate symptoms. Go to the emergency room or urgent care the same day. A gap between the accident and your first medical visit gives the insurance company ammunition to argue your injuries aren’t serious.
Document the scene: If you’re physically able, use your phone to photograph the intersection or location, traffic signals, crosswalk markings, the vehicle that hit you (including the license plate), your injuries, and any debris. Take photos from multiple angles. These images may be the best evidence available, especially if surveillance footage doesn’t exist.
Collect witness information: Bystanders who saw the accident can provide critical testimony. Get their names and phone numbers. Witnesses disappear quickly — if you don’t identify them at the scene, finding them later is extremely difficult.
Do not give a recorded statement to the insurance company: The at-fault driver’s insurer will contact you. They will ask for a recorded statement. Politely decline and tell them your attorney will be in touch. Anything you say in that statement can and will be used to reduce or deny your claim.
Contact a pedestrian accident lawyer: The sooner you have legal representation, the better your case will be. Evidence degrades. Surveillance footage gets overwritten. Witnesses forget details. An attorney can send preservation letters and begin investigation immediately.
Follow your doctor’s treatment plan: Attend every appointment. Complete every course of physical therapy. Take prescribed medications. Insurance companies monitor treatment compliance and will argue that gaps in treatment mean your injuries aren’t as bad as you claim.
Why Choose Hasbrook & Hasbrook for Your Pedestrian Accident Case?
You should choose Hasbrook & Hasbrook because we are family-run Oklahoma personal injury attorneys who have spent decades handling serious pedestrian accident cases, we charge only 25% — well below the industry standard — and we have a documented track record of results against the insurance companies that operate in this state.
Oklahoma roots, Oklahoma knowledge: Our family has practiced personal injury law in Oklahoma for three generations. We know the local courts, the local judges, the local insurance adjusters, and the local defense attorneys. That institutional knowledge translates directly into better outcomes for our clients. We know which adjusters will negotiate fairly and which ones will force us to file suit — and we prepare accordingly.
Pedestrian case experience: Pedestrian accidents require specialized knowledge that goes beyond general car accident cases. Right-of-way laws, crosswalk regulations, accident reconstruction for pedestrian impacts, biomechanical analysis of injuries from vehicle-pedestrian collisions — we have handled all of it. Our $550,000 crosswalk settlement and $325,000 parking lot TBI settlement demonstrate what that experience produces.
Below-market fees: Most personal injury firms charge 33% to 40% of your recovery. We charge 25% during the pre-litigation phase. That difference goes directly into your pocket. On a $500,000 settlement, the difference between 25% and 33% is $40,000 — money that belongs to you, not your lawyer.
Trial readiness: Insurance companies know which attorneys actually try cases. We do. Every case we handle is prepared as if it’s going to trial, because that preparation is what drives fair settlements. When an adjuster knows we’ll walk into a courtroom if the offer is inadequate, the offer improves.
Direct attorney access: When you call our office, you talk to your attorney — not a paralegal relay system, not a call center, not a voicemail tree. Your case matters to us personally, and we treat it that way.
How Do Our Fees Work?
Our fees work on a contingency basis at 25% of your recovery during pre-litigation, meaning you pay nothing upfront, nothing out of pocket, and nothing at all unless we win your case. If we don’t recover compensation for you, you owe us zero.
| Fee Component | Hasbrook & Hasbrook | Typical Oklahoma PI Firm |
|---|---|---|
| Upfront retainer | $0 | $0 |
| Pre-litigation contingency rate | 25% | 33% – 40% |
| Consultation fee | Free | Usually free |
| Case expenses during representation | Advanced by the firm | Advanced by the firm |
| Fee if no recovery | $0 — you owe nothing | $0 — you owe nothing |
| Your share on a $500,000 settlement (before expenses) | $375,000 | $300,000 – $335,000 |
The math is straightforward. You keep more of your money with us than with nearly any other personal injury firm in Oklahoma. We believe a fair fee should reflect the value we add — not extract the maximum the market will tolerate.
During your free consultation, we will review the facts of your pedestrian accident, give you an honest assessment of your case, and explain exactly how our fee arrangement works. No pressure, no obligation, no surprises.
Frequently Asked Questions About Pedestrian Accidents in Oklahoma
How much is my pedestrian accident case worth in Oklahoma?
The value of your pedestrian accident case depends on the severity of your injuries, the amount of your medical expenses actually paid, your lost income, the degree of the driver’s fault, and the available insurance coverage. Minor injury cases may settle for tens of thousands of dollars. Cases involving traumatic brain injuries, spinal cord injuries, or permanent disabilities often reach six figures or more. Our pedestrian case results include a $550,000 settlement for a crosswalk accident with multiple fractures and a $325,000 settlement for a parking lot TBI. The only way to get an accurate estimate is to have an experienced attorney review your specific facts.
How long do I have to file a pedestrian accident lawsuit in Oklahoma?
Under 12 O.S. § 95, you have two years from the date of the accident to file a personal injury lawsuit in Oklahoma. If the pedestrian died from their injuries, the two-year period for a wrongful death claim begins on the date of death. Missing the statute of limitations permanently destroys your right to sue, regardless of how strong your evidence is. Claims against government entities — such as when a city vehicle hits a pedestrian or a road design defect contributes to the crash — have even shorter notice deadlines, sometimes as little as one year. Contact an attorney as soon as possible to protect your rights.
Can I recover compensation if I was jaywalking when hit by a car?
Yes. Jaywalking does not automatically bar you from recovering compensation in Oklahoma. Under the state’s comparative negligence law (23 O.S. § 13), you can recover damages as long as your fault does not exceed 50%. If a jury determines you were 30% at fault for jaywalking, your damages are reduced by 30%, but you still collect the remaining 70%. Drivers have an independent duty under 47 O.S. § 11-503 to exercise due care to avoid hitting pedestrians, regardless of where the pedestrian is crossing. A driver who was speeding, distracted, or impaired still bears significant fault even if the pedestrian was outside a crosswalk.
What does it cost to hire a pedestrian accident lawyer in Oklahoma City?
At Hasbrook & Hasbrook, it costs you nothing upfront. We handle pedestrian accident cases on a 25% contingency fee basis during pre-litigation. That means we advance all case costs and only get paid if we recover money for you. Most Oklahoma personal injury firms charge 33% to 40%, so our 25% rate puts significantly more money in your pocket. Your initial consultation is completely free, and there is never any obligation to hire us after we review your case.
What should I do after being hit by a car as a pedestrian?
Call 911 to get police and EMS to the scene. Seek medical attention the same day, even if you feel relatively fine — adrenaline masks serious injuries like internal bleeding and concussions. Photograph the scene, the vehicle, and your injuries. Collect witness names and phone numbers. Do not give a recorded statement to any insurance company. Contact a pedestrian accident attorney before discussing your case with the at-fault driver’s insurer. Prompt action preserves evidence that may otherwise be lost, including surveillance footage that businesses routinely overwrite within days.
Who is liable when a pedestrian is hit by a car in Oklahoma?
The driver is liable in most pedestrian accident cases, particularly when they violated traffic laws, drove distracted, or failed to yield to a pedestrian in a crosswalk as required by 47 O.S. § 11-502. Other potentially liable parties include the driver’s employer (if the driver was working at the time), a bar or restaurant that over-served an intoxicated driver under Oklahoma’s dram shop laws, a vehicle manufacturer (if a defect like brake failure contributed), or a government entity responsible for dangerous road conditions. In hit-and-run cases where the driver is never identified, your own uninsured motorist (UM) coverage can provide compensation. An attorney can identify all potential sources of recovery in your specific case.
Ready to Talk to an Oklahoma Pedestrian Accident Lawyer?
The statute of limitations is already running on your pedestrian accident claim. Under 12 O.S. § 95, you have two years — and every day that passes means evidence gets harder to find, surveillance footage gets overwritten, and witnesses’ memories fade. Waiting costs you leverage that you cannot get back.
Call Hasbrook & Hasbrook at (405) 605-2426 for a free consultation. We will review your case, answer your questions, and give you an honest assessment of what your claim is worth. No fee unless we win. No pressure. No obligation.
The insurance company already has lawyers working against you. Call (405) 605-2426 before the deadline costs you your case.
