Oklahoma City Car Accident Lawyer: Laws for Protecting Motorists
If you’re an avid driver in Oklahoma, knowing Oklahoma’s laws can not only keep you safer on the road but also ensure you’re compensated after being injured in a car accident.
At Ylla Gosney Attorneys at Law, we utilize every aspect of personal injury law to protect car accident victims’ rights to compensation.
We understand how life-changing a vehicle accident can be, which is why our services include managing your medical treatment, negotiating with the insurance company, and winning fair compensation on your behalf.
See what legal options are available to you by contacting us today for a free case review
How Ylla Gosney Helps Car Accident Victims in Oklahoma City
Whether you’re cruising along the famous Route 66 or navigating Bricktown’s busy streets for a night out, Oklahoma drivers are always at risk of a car accident if another driver is not driving responsibly.
And when an accident does unfortunately happen, the end result is typically horrific. Even car accident in parking lot can result in major injuries, requiring extensive medical treatment. For that reason, it is recommended to consult with the attorneys at Ylla Goseny to get the full extent of your damages, so you’re not financially burdened after a car accident.
If you’ve been injured in a car accident in Oklahoma City, our firm will ensure you’re compensated for the following damages:
- Economic damages: The financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of property repair or replacement
- Non-economic damages: These are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: These are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior (DUI, street racing)
- Actions performed out of spite
When you decide to pursue a car accident claim, our team gets to work for you. Alongside our legal services, we diligently calculate your expenses to ensure you receive full and fair compensation from the person or party responsible for your car accident.
As with any injury claim, you’ll have to file within the statute of limitations. In the State of Oklahoma, the statute of limitations in which to file a claim is two years from the date of your accident. It might sound like a long time, but a lot of work needs to be done before your claim can be filed. Missing this deadline could mean that you won’t be able to recover anything for your accident.
Calculating Accident Damages
One crucial aspect of any car accident claim is “damages.” Car accident damages include any losses you’ve experienced because of the accident, both economic and non-economic.
In a car accident claim, you can recover the following damages with our assistance:
- Medical expenses, including hospital bills, medications, surgeries, and assistive devices
- Physical pain and suffering
- Lost wages or loss of future income
- Mental suffering, like post-traumatic stress disorder (PTSD)
- Costs for caregiving and transportation services
- Compensation for loss of enjoyment of life
- Expenses related to physical therapy and mental health treatment
- Property damage
- Wrongful death expenses, in the event of a fatal accident
We will help you identify your specific damages and the best approach to recover them. Then, we’ll advocate for your best settlement based on the damages you have already sustained and projected costs of recovery to come.
Proving Liability in an Oklahoma City Car Accident
In Oklahoma, a person can be liable for causing injuries in a car accident if they did not act with reasonable care. When assessing liability, law enforcement and the courts will consider both parties actions and decide how careless they were being.
For example, let’s say a driver on Oklahoma City’s Plaza District had a legal obligation to yield to a passing vehicle. The driver failed to yield and entered the intersection, hitting the other driver and causing them serious injuries and property damage. In this case, the driver would be responsible for the other driver’s injuries because:
- They violated their duty of care: drivers have a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
- Their violation cause and accident: the other driver’s carelessness was a direct cause of the car accident
- Their actions caused damages: the other driver suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident
If a violation of “duty of care” can be established then you will have proven the driver liable for the car accident. Establishing liability is also important to understanding the amount of compensation you can receive. However, their are other factors to consider when determining the value of your car accident.
How to Strengthen Your Oklahoma City Car Accident Claim
If you suffer a car accident injury, seek medical attention immediately. Nothing is more important than your health. After you get medical care, it is recommended to:
- Report the injury to OKC police: failing to report an accident can be detrimental to your claim. A police report should be filed, even if you believe you’re fine after the accident. A report will not only place liability on the responsible party, but it will serve as evidence if you decide to take legal action.
- Take your own photos of the scene and get witness statements. Photos, videos, and witness statements can help you establish a strong case so that your compensation cannot be denied by the insurance company. Irefutable evidence works in your favor in case someone changes their story or the insurance company tries to claim you were at fault.
- Follow up on your injuries with a doctor. Any injuries you’ve sustained from your accident will become a part of your case, and you will need a doctor to corroborate your injuries.
- Contact Ylla and Gosney, Attorneys at Law to protect your rights to compensation. Most accident victims find themselves overwhelmed by the incident and fail to realize the enormous impact a serious injury can have on their lives. Our experienced attorneys can help you understand your options and get you the compensation you need to make a full recovery.
The Importance of Getting an Accident Report After an Oklahoma City Car Accident
After an accident, it is normal to be too overwhelmed with medical appointments, managing insurance companies, and keeping up with daily life while you’re recovering. However, having an accident report is crucial information necessary to recover compensation from your vehicle accident claim.
Accident reports detail how the collision occurred and should include:
- Names and contact information of the involved drivers
- Parties of interest, such as passengers, property owners, vehicle owners, drivers, witnesses, and anyone else involved
- Date, time, and location of the accident
- Citations for any type of driving behavior, including whether a driver was intoxicated, speeding, or otherwise violating traffic laws
- A police officer’s opinion as to who or what caused the accident
Determining Liability After a Crash
Legally speaking, Oklahoma is an “at-fault” state. This means that the responsible party for a car accident is held liable for the resulting damages.
Figuring out liability for your injuries hinges on establishing negligence. Our team can assist you in determining the compensation you may be able to pursue, but first, specific criteria must be met to have a successful claim.
Essentially, you must show that the negligence or carelessness of another party led to the accident. Typically, there are four components of negligence:
- The other party had a duty to keep you safe, taking reasonable measures to prevent harming you and others.
- The other party failed to uphold–or breached–this duty.
- This failure directly caused the accident.
- The accident resulted in your injuries and other damages.
Another important facet of liability is that fault can be apportioned among multiple parties involved, including you.
If you are deemed to be 50% or more at fault, you are legally prohibited from pursuing compensation. However, if your degree of fault is less than that of another responsible party, you still have the option to seek compensation. The amount of compensation you receive may be influenced by the extent of your assigned fault in the accident.
Regardless, our team can help you put together a claim for damages.
Average Settlement for Oklahoma City Car Accident Injuries
The severity of your car accident injuries will account for a majority of your overall compensation if you reach a successful settlement. While there are other determining factors, the following personal injury classifications can give you a rough estimate of what your case is worth.
- Minor injuries: Approximately $1,500 – $15,000 – minor injuries are considered sprains, strains, and minor cuts and bruises.
- Moderate injuries: Approximately: $15,000 – $100,000 – moderate injuries are considered fractures, herniated discs, and torn ligaments.
- Severe injuries: Approximately $100,000 – $1,000,000+ – paralysis and death can quickly exceed settlement amounts of around $1,000,000 or more.
Factors that Influence Compensation for a Car Accident in Oklahoma City
You may consider filing a personal injury claim if you’ve been injured in a car accident in Oklahoma City. Before filing, it is important to understand several factors that may influence the value of your settlement. The following factors include:
- Liability: the degree to which the defendant is found responsible for the injury can add value to your settlement. The more reckless the defendant’s actions usually result in a higher settlement.
- Insurance coverage: the defendant’s insurance policy limits can cap the maximum settlement amount. If the defendant has an insufficient insurance policy, then alternate means of compensation will have to be pursued.
- Legal representation: the expertise and negotiation skills of a personal injury attorney will impact the outcome of your case.
- Contributory negligence: Oklahoma is a “50-percent” fault state, meaning if you were 50-percent or more at fault, then you will most likely not be able to recover compensation.
- Nature and extent of Injury: the cost of all reasonably necessary medical treatment and the estimated cost of future medical treatment are essential to the value of a case.
- Objective findings for physical pain: pain is a subjective thing, so, objective evidence is needed to support it in a personal injury case. This is usually presented in the form of X-rays and MRIs.
- Medical history of the victim: the prior medical history of the plaintiff comes into play if they were injured in the same area where they already have a medical history of issues. Under Oklahoma Law, the negligent party is not responsible for prior injuries unless they were made worse by the incident.
- Plaintiff’s age: the age of the victim comes into play if the injury may have been a result of “degenerative changes” rather than the careless act, or hazardous condition.
- The occupation of the victim: the amount the injured victim was making and the amount they can no longer make due to their injuries plays a large role in determining their settlement.
Oklahoma’s Comparative Negligence Law for Car Accidents
Oklahoma’s Comparative Negligence Law is considered a “50-percent” rules. Basically, the ability to pursue damages under comparative negligence applies when a crash victims is 49 percent or less liable for the accident.
This percentage of fault can be decided by a police report, but all accident victims have the right to object to their assumption of fault, and ultimately have their fault decided by a judge and jury in court.
So, let’s say a motorcyclist caused your car accident because they were lane splitting. Lane splitting is illegal in the state of Oklahoma and they would most likely be more than 50 percent at fault for the accident because they violated the law. If liability is in question in your case, and you fear you may be liable for the accident, contact Ylla Gosney today to discuss your case. Our firm will help you take the necessary steps to protect you from liability or eliminate it entirely, so you can recover compensation.
“Negligence Per Se,” for a Oklahoma City Car Accident
If you can establish that a driver’s careless actions caused your accident, you may be able to establish “Negligence Per Se” and recover damages. Negligence Per Se means the driver broke the law, which directly caused your injuries. Illegal U-turns, distracted driving, speeding, or running a red light typically come with citations, which will make proving “Negligence Per Se” fairly easy in court if your lawsuit goes to trial. Proving Negligence Per Se is much easier than proving negligence.
Proving negligence usually involves an investigation to obtain video footage or witness statements. Sometimes, there is no available evidence, and your case becomes one person’s word over another’s. For this reason, it is important to report your accident to law enforcement the moment it happens and speak with Ylla Gosney to build a strong case and protect your right to compensation.
Car Insurance Regulations in Oklahoma City
As stated by the Oklahoma Insurance Department, drivers are required by law to have the following coverage before they can legally ride:
- $25,000 for bodily injury protection per person injured
- $50,000 coverage per car accident
- $25,000 in property damage protection
Uninsured drivers are not only endanger of facing a citation, but not having insurance can affect the outcome of your personal injury case if you decide to take legal action. So, for any driver in Oklahoma City, it’s always important to have the proper insurance before going for a drive. Drivers may also opt for additional coverage as car accidents can end up being extraordinarily costly.
It is important to note that purchasing the minimum coverage may leave Oklahoma City drivers financially vulnerable. For example, if there’s an accident involving multiple victims, the at-fault driver’s insurance may not be able to fully cover all of their expenses. If that’s the case then these costs would have to come out of the at-fault driver’s pocket. If they cannot cover the costs, then they can be sued, resulting in serious financial problems.
Most Common Causes of Car Accidents in Oklahoma City
According to the National Safety Council, not only are car accidents involving serious injuries on the rise, but so are the number of fatal accidents that occur each year. This has to do with the rapid growth of certain cities, especially more economically appealing and outdoor-centric places like Oklahoma City. The most common reasons for car accidents include:
- Distracted Driving: even momentary glances can cause devastating accidents. Distracted driving can be proven through camera footage, cell phone records, and collision investigations.
- Speeding: speeding only increases the severity of accidents and is a leading contributor to fatal car accidents every year in Oklahoma. A driver’s CPU data can potentially reveal their speed before an accident.
- Moving violation: running red lights, illegal U-turns, or failing to yield can disrupt the flow of traffic, leading to major accidents. These illegal actions can typically be proven by traffic camera footage and eyewitnesses.
- Driving under the influence (DUI): this action is one of the leading causes of fatal accidents in Oklahoma.
Common Injuries in Car Accidents
No matter the kind of car accident you’ve been in, there’s a high chance you’ve sustained injuries.
Furthermore, certain types of car accidents can lead to more serious injuries than others.
While every accident is unique, here’s a look at some of the more common injuries you could face:
- Whiplash – Whiplash is a common injury that occurs when the neck is suddenly jerked forward and backward, often in car accidents. It can result in neck pain, stiffness, and discomfort. In severe cases, it may involve damage to the cervical spine or nerves.
- Fractures and broken bones – Fractures or broken bones can occur in various parts of the body, such as the arms, legs, ribs, and skull. The severity of the fracture depends on the force and location of the impact.
- Ligament tear – Ligaments are strong, fibrous tissues that connect bones to one another. Tears in ligaments, such as the ACL (anterior cruciate ligament) in the knee, can be painful and require surgical repair for full recovery.
- Head, neck, and shoulder injuries – These injuries can range from minor bruises to severe trauma. Head injuries may involve concussions or more severe traumatic brain injuries (TBIs). Neck and shoulder injuries can result in pain and limited mobility.
- Cuts and lacerations – Cuts and lacerations can occur due to various accidents, including sharp objects or tools. Depending on the depth and location, they may require stitches or medical attention to prevent infection.
- Traumatic Brain Injuries (TBIs) – TBIs can have varying degrees of severity, from mild concussions to severe brain damage. They are often caused by a blow to the head or a sudden jolt and can result in cognitive, emotional, and physical impairments.
- Burn injuries – Burns can occur from exposure to heat, chemicals, electricity, or radiation. They are classified into degrees (first, second, and third-degree) based on the depth and severity of tissue damage.
- Loss of limbs – The loss of limbs can result from traumatic accidents, such as car crashes, explosions, or industrial mishaps. Prosthetic limbs and rehabilitation can help individuals adapt to life after limb loss.
Injuries can have a significant impact on your life, leading to physical and emotional challenges. More than that, you’ll likely be facing immediate treatment and ongoing care, especially if your car accident was severe.
If you accept a settlement offer that is too low, you will not be able to go back to the insurance company and request more money to cover additional medical expenses or other damages. This is why it is incredibly important to have a seasoned car accident attorney representing you against the other driver’s insurance company.
Kinds of Car Accidents in Oklahoma City
Contact Ylla Gosney, Attorneys at Law
If you or your loved one has been injured in a car accident in OKlahoma City, Ylla Gosney Attorneys at Law can help. While insurance companies will typically reduce your compensation, or out right deny your claim, our firm stands up on behalf of injured car accident victims and protects their right to fair compensation.
Taking the first step toward legal action can seem intimidating, but with us, you’re never alone in this fight.
Contact Ylla Goseny today for a free consultation and see what legal options are available for your situation.