How Oklahoma’s Good Samaritan Law Applies to Car Accident Cases

Clayton T. Hasbrook

Written by Clayton T. Hasbrook. Last modified on May 14, 2024

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Imagine witnessing a severe car accident. Your first instinct might be to rush over and help the injured victims. But a nagging thought holds you back: “What if I make things worse? Could I be sued for trying to help?” These concerns are understandable, but Oklahoma’s Good Samaritan Act offers legal protections for those who step up to assist others in emergency situations.

The Basics of Oklahoma’s Good Samaritan Act

The Basics of Oklahoma's Good Samaritan ActOklahoma’s Good Samaritan Act, found in Title 76, Section 5 of the Oklahoma Statutes, offers legal protection to individuals who provide emergency assistance to others in good faith and without compensation. The law covers various types of aid, such as administering first aid, performing CPR, or controlling bleeding until professional help arrives.

The primary purpose of the Good Samaritan Act is to encourage bystanders to assist those in need without fear of legal repercussions for unintentional harm that may occur while providing aid. By offering protection from civil liability, the law aims to promote a sense of civic responsibility and ensure that accident victims receive prompt assistance.

Who is protected under Oklahoma’s Good Samaritan Act?

The Act protects various individuals who provide emergency assistance, including:

  • Licensed medical professionals who render emergency care under circumstances where giving aid is the only alternative to probable death or serious injury
  • Any person who provides emergency care consisting of artificial respiration, restoration of breathing, preventing blood loss, or aiding heart action or circulation
  • Individuals approved by local organizations who have registered with the police chief or county sheriff and who provide aid and refuge to persons in apparent danger

What types of aid are covered under the Act?

The Good Samaritan Act covers various types of emergency assistance, such as:

  • Administering first aid
  • Performing CPR
  • Controlling bleeding
  • Providing artificial respiration or breathing restoration
  • Aiding heart action or circulation
  • Offering shelter and assistance to individuals in peril

Applying the Good Samaritan Act to Car Accidents

Witness Helping a Car Accident VictimCar accidents are one of the most common scenarios where the Good Samaritan Act comes into play. When you witness a car crash, your quick actions can make a significant difference in the outcomes for those involved. The Good Samaritan Act empowers you to step in and provide emergency care when it is safe to do so.

In the context of car accidents, the Good Samaritan Act protects bystanders who stop to help injured individuals from being held liable for any unintentional harm caused while providing aid, as long as the bystander acts in good faith, voluntarily, and without expectation of compensation [Estate of Hwan Youn v. Kula, 2005, Okla. Civ. App., 125 P.3d 705].

At a car accident scene, there are various ways you can assist under the protection of the Good Samaritan law. These may include:

  • Checking on the well-being of the occupants
  • Calling 911 to report the accident and request emergency services
  • Helping victims safely exit the vehicle if necessary
  • Providing comfort and reassurance until help arrives
  • Applying pressure to wounds to control bleeding
  • Performing CPR if you are trained and it is required

It’s crucial to remember that your safety should always come first. If the accident scene appears dangerous, such as if there are downed power lines or a risk of fire, it’s best to wait for professional responders to handle the situation.

Are there any situations where a Good Samaritan can be liable for damages?

Yes, there are certain situations where a Good Samaritan may be held liable for damages:

  • If the individual providing aid acts with gross negligence or engages in willful or wanton misconduct [Youn]
  • If the person rendering aid has a pre-existing duty to render aid, such as medical professionals in the course of their employment [Gomes v. Hameed, 2008, Okla. Supreme Court, 184 P.3d 479]
  • If the person rendering aid has a prior contractual relationship with the injured party, such as a doctor-patient relationship [Gomes]

What is the difference between negligence and gross negligence?

Negligence is the failure to exercise reasonable care, while gross negligence involves a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both.

Are licensed medical professionals treated differently under the Act?

Yes, licensed medical professionals who render emergency care under circumstances where giving aid is the only alternative to probable death or serious injury are not liable for damages, except in cases of gross negligence or willful or wanton wrongs. This protection extends to licensed surgeons or dentists who perform emergency surgery on accident victims, as long as the victim is not a conscious adult capable of giving or refusing consent or if a spouse, parent, or guardian cannot be reached within a reasonable time.

Steps to Take if You Witness a Car Accident

Steps to Take if You Witness a Car AccidentIf you find yourself in a position to help at a car accident scene in Oklahoma, follow these steps to ensure your safety and maximize your ability to assist:

  1. Pull over safely and assess the scene for any dangers before approaching.
  2. Call 911 immediately to report the accident and request emergency services.
  3. Check on the occupants of the vehicles and determine if anyone needs immediate medical attention.
  4. If it is safe to do so, help victims exit the vehicle and move to a secure location away from traffic.
  5. Provide first aid, CPR, or bleeding control if you are trained and it is necessary.
  6. Offer comfort and reassurance to the victims until help arrives.
  7. When emergency responders arrive, provide them with any relevant information and follow their instructions.

Remember, your role as a Good Samaritan is to provide temporary assistance until professional help takes over. Once emergency services are on the scene, step back and allow them to handle the situation.

While the Good Samaritan Act provides protection, it’s essential to understand the legal nuances surrounding your actions at an accident scene. If you have any doubts about the legal implications of your involvement, it’s best to consult with a personal injury attorney.

An experienced Oklahoma personal injury lawyer can help you understand your rights and obligations under the Good Samaritan law. They can also advise you on what to do if you face any legal challenges related to your actions at the accident scene.

Am I legally required to provide assistance in an emergency situation in Oklahoma?

No, Oklahoma law does not impose a general duty to assist others in emergency situations. However, the Good Samaritan Act encourages individuals to provide aid by offering legal protections for those who do so in good faith.

What should I consider before deciding to provide aid in an emergency situation?

Before deciding to provide aid in an emergency situation, consider the following:

  • Your own safety and the safety of others
  • Your level of training and ability to provide appropriate assistance
  • The potential risks and legal implications of getting involved
  • The availability of professional emergency responders

What if I’m injured while assisting?

If you sustain injuries while acting as a Good Samaritan at a car accident scene, you may be entitled to compensation for your medical expenses and other damages. An attorney can help you explore your legal options and guide you through the process of seeking the compensation you deserve.

Contact Hasbrook Law for Help with Your Car Accident Case

If you have any questions about Oklahoma’s Good Samaritan Law or need assistance with a car accident case, don’t hesitate to contact Hasbrook Law. We offer free consultations and are here to help you every step of the way.

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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.