Oklahoma City Pedestrian Accident Lawyers

Experienced Legal Representation for Pedestrian Accident Victims in Oklahoma 

Hundreds of pedestrians collide yearly with cars, SUVs, motorcycles, and large trucks throughout Oklahoma. According to the most recent data, 500 pedestrians were injured in pedestrian-vehicle collisions in Oklahoma in 2020, and another 86 died.

Because pedestrians are entirely unprotected, they often suffer catastrophic or fatal injuries when careless, reckless, or negligent motorists hit them. At Fulmer Sill, we understand how devastating these accidents are, which is why our Oklahoma City pedestrian accident attorneys fight tirelessly to hold liable motorists accountable. By employing a collaborative and meticulous approach to litigation, we can utilize the unique experience and skills of each member of our staff, as well as the complete resources of our firm, to effectively pursue maximum compensation for our clients.

Understanding the impact of pedestrian accidents involves looking at numbers and considering the physical, emotional, and financial tolls they take on victims and their families. After an accident, individuals can face significant medical expenses, lost wages, and long-term rehabilitation needs that can place a heavy burden on families. It's essential to have legal support that acknowledges all these factors, ensuring that every aspect of the victim's life post-accident is considered in compensation discussions.

Have you been injured in a pedestrian accident in Oklahoma City? Call Fulmer Sill today at (405) 433-7414 or contact us online for a FREE consultation!

Common Causes of Pedestrian Accidents

Motorists are responsible for driving with care, especially when pedestrians are present. Unfortunately, many fail to uphold this duty, leading to serious and even deadly pedestrian accidents.

Some of the most common causes of pedestrian accidents include:

• Distracted driving, including texting while driving
• Failure to see or notice pedestrians in or along the roadway
• Failure to yield the right of way to pedestrians
• Disobeying red lights, stop signs, and other traffic control devices
• Speeding, including driving too fast in parking lots and other pedestrian-heavy areas
• Failure to yield to pedestrians crossing driveways and alleyways
• Reckless and aggressive driving, including road rage
• Poor visibility due to heavy traffic, dangerous road design, weather, and other hazards
• Driving under the influence of alcohol and/or drugs
• Defective traffic lights, pedestrian crossing signals, sidewalks, etc.
• Driving too fast or recklessly through school zones
• Unlawfully passing another vehicle that has stopped for a pedestrian

While motorists are responsible for driving cautiously and avoiding collisions with pedestrians whenever possible, pedestrians should also be careful when crossing roadways or sharing the road with large, fast-moving vehicles. In some cases, pedestrian negligence contributes significantly to pedestrian-vehicle collisions.

Do Pedestrians Always Have the Right of Way?

Although it is a common refrain, pedestrians do not always have the right of way. There are several instances in which pedestrians must legally yield to motorists on the road.

Under Oklahoma pedestrian laws, pedestrians should yield to vehicles in the following situations:

• When crossing a roadway anywhere other than a marked or unmarked crosswalk
• When waiting to cross a roadway at an intersection and oncoming vehicles have a green light or another traffic signal granting them the right of way
• When specifically instructed to yield the right of way via a “yield” sign, “wait” signal, or another traffic control device

Additionally, Oklahoma has banned “jaywalking” or crossing a roadway outside a marked crosswalk between two adjacent intersections where traffic control devices, such as signals, operate. Pedestrians are also required to use sidewalks when they are present and available and should always avoid “darting out” or suddenly leaving a curb, sidewalk, or another place of safety to enter a roadway when oncoming vehicles cannot reasonably stop in time to avoid a collision.

That being said, motorists have a stricter duty of care to pedestrians than vice versa, as they are more likely to cause severe injury or death in the event of a collision. Oklahoma law requires motorists to yield to pedestrians whenever it is reasonably safe and possible to do so, including when they use marked or unmarked crosswalks or lawfully walk along a roadway where no sidewalks are present or available. Motorists should exhibit extreme caution if a pedestrian appears confused, lost, disoriented, impaired, or intoxicated.

How Comparative Negligence Could Affect Your Pedestrian Accident Case

Most states, including Oklahoma, follow some form of comparative negligence. Under comparative negligence rules, partial fault does not prohibit an individual from filing a personal injury claim and recovering compensation for injury-related damages. However, it does affect the amount an individual can recover in compensation. Specifically, the percentage of fault assigned to the individual will be the same to reduce the individual’s recovery.

For example, suppose a careless motorist hit a person while crossing the street, but the pedestrian was texting and walking at the time of the collision. In that case, the court might find the pedestrian 20 percent at fault for the accident. If the injured pedestrian sustained catastrophic injuries and damages amounting to $100,000, the recoverable amount would be reduced by 20 percent, meaning the pedestrian could only recover up to 80 percent of the total damages, or $80,000.

Additionally, Oklahoma follows a rule of modified comparative negligence with a 49 percent threshold. This means you cannot recover compensation if you are found to be more than 50 percent at fault for the accident.

Because insurance adjusters are typically responsible for assigning fault for an accident, you must protect your rights by working with an experienced attorney. Insurance adjusters often attempt to limit the insurance company’s losses by overinflating a claimant’s degree of fault, meaning they may offer you a settlement worth less than what you are owed. If the insurance adjuster argues that you were 50 percent or more at fault for the accident, they could deny your claim altogether.

We are aggressive in protecting our client's rights, and we have a long history of success to prove it. Our team has recovered numerous million- and multimillion-dollar results for our clients, and we are prepared to take your case to trial if necessary.

How Long Do You Have to File a Pedestrian Accident Lawsuit in Oklahoma?

In Oklahoma, the statute of limitations on most personal injury (and wrongful death) lawsuits is two years. This means that you typically only have two years from the date of injury to file a lawsuit against the liable party. If you wait too long, you could lose your right to seek compensation for your medical bills, lost wages, pain, suffering, and other damages.

We encourage you to contact our firm immediately for help with your claim. Although two years may seem like a long time, preparing your case takes considerable time. The sooner our attorneys can investigate your claim and communicate with the insurance company on your behalf, the better.

It's important to note that exceptions to this two-year rule exist, such as cases involving minors or when the injury wasn't discovered immediately. Understanding these nuances can be critical for potential claimants, underscoring the importance of consulting with an attorney as soon as possible to understand all legal avenues available. Our team at Fulmer Sill is here to guide you through every step of the process with your pedestrian accident lawyer in Oklahoma City.

Navigating Oklahoma City Roads Safely

The bustling streets of Oklahoma City, with their mix of pedestrian traffic, local events, and varied weather conditions, present unique challenges for pedestrians and drivers alike. The city's layout includes densely populated urban areas and quieter residential neighborhoods, each posing distinct risks. For example, while downtown areas may experience high foot traffic and require careful navigation by pedestrians and drivers, suburban routes might be more prone to speeding incidents due to lighter traffic. Understanding the geography and typical traffic patterns in Oklahoma City can significantly reduce the likelihood of accidents.

Pedestrians should always use designated crosswalks, stay alert when walking near traffic, and be especially cautious during peak traffic hours and in adverse weather conditions. Similarly, drivers must exercise heightened vigilance in areas known for high pedestrian activity, such as school zones, parks, and shopping districts. Being aware of and respecting pedestrian right-of-way laws can prevent many potential accidents. Safety campaigns, like those organized by local authorities, aim to educate the public on these responsibilities, reinforcing the importance of shared road etiquette.

Oklahoma Pedestrian Safety Initiatives

Oklahoma City has implemented several initiatives aimed at improving pedestrian safety. These include upgrading pedestrian crossings, increasing signage, and enhancing street lighting in critical areas. Local authorities have also worked on public campaigns to raise awareness about pedestrian rights and responsibilities. These efforts are complemented by infrastructure projects that focus on creating more pedestrian-friendly environments, such as constructing sidewalks and pedestrian bridges in areas with high traffic volumes.

Community involvement is crucial to the success of these initiatives. Public forums, workshops, and feedback channels allow residents to voice concerns and suggest improvements. Collaborative efforts between the city government, local businesses, and community organizations strive to create a safer environment for all road users. Understanding and engaging with these initiatives ensures personal safety and contributes to the broader goal of making Oklahoma City a more pedestrian-friendly city. Participation in such programs can make a real difference in reducing regional pedestrian accidents.

What Should I Do Immediately After a Pedestrian Accident?

Immediately after a pedestrian accident, the first step is to ensure your safety and those of others involved. Move to a safe area away from traffic if possible. Call 911 to report the accident and seek medical attention, even if injuries appear minor; some symptoms may not manifest immediately. Gather information from all parties involved, including contact details, vehicle identification, and insurance information. Witnesses can provide valuable testimony, so if there are any, collect their contact information. Document the scene by taking photographs of your injuries, the vehicle involved, and any skid marks or road signs.

It's crucial to avoid discussing fault at the scene. Insurance companies will conduct their investigations to determine liability. If injured, follow up with medical professionals promptly and keep records of all medical treatments, expenses, and how your injuries affect daily activities. Consulting with a pedestrian accident attorney in Oklahoma City can be invaluable to ensure your rights are protected and to navigate the claims process effectively.

Why Choose Fulmer Sill for My Pedestrian Accident Claim?

Choosing Fulmer Sill means partnering with a dedicated team known for a collaborative and comprehensive approach to pedestrian accident claims. Located in Oklahoma City, our firm deeply understands local laws and pedestrian safety challenges. Our approach minimizes stress by ensuring clients benefit from the combined efforts of our experienced team. From initial consultation to resolution, we emphasize clear communication and personalized service.

Our innovative strategies, including FS Processes™ and focusing on each client's unique story, allow us to seek just compensation effectively. Understanding the emotional, physical, and financial toll accidents take, we strive to provide compassionate care and informed advocacy. By choosing Fulmer Sill, you ensure your rights are vigorously defended and your recovery path fully supported.

Ready to take action? Reach out to Fulmer Sill now and let our Oklahoma City pedestrian accident attorneys help you get the compensation you deserve!