My wife was in a car accident and suffered some injuries. Even though the driver had admitted fault, it was a very stressful situation for us. Working with Abel Law Firm was the best decision we could have possibly made. Luke was very professional, and best of all he eased our worries throughout the process. I would highly recommend using Abel Law Firm to anyone that was in need.
Oklahoma City Distracted Driving Accident Attorneys
Did you sustain injuries in a car crash caused by a distracted driver? Abel Law Firm might be able to provide legal representation and assist you in pursuing compensation. When you’re the victim of a motor vehicle accident, every area of your life can become affected. It’s not just physical pain you have to worry about, but emotional and financial suffering too.
We have a dedicated team of Oklahoma City distracted driving accident attorneys who will fight vigorously for the justice you deserve. You’ll be our top priority when you hire us. We’ll make sure we hold the other driver responsible for their actions and reach a positive outcome in your case. Call (405) 239-7046 to find out how we can help you.
Three Main Types of Distracted Driving
All drivers are aware of the dangers of texting while driving. Oklahoma law prohibits distracted driving as it pertains to handheld mobile devices, though it’s still legal to operate a motor vehicle while using hands-free cell phone features.
However, many don’t realize that a task as simple as taking a drink of water can lead to a severe car accident. Distracted driving involves activities that redirect the driver’s attention from driving to something else. Following are the main types of distracted driving:
This is something that takes the driver’s eyes off the road to look at something else. Examples of visual distractions include:
- Staring at one’s self in the mirror
- Reading a text message or email
- Looking at a passenger
- Watching a video on an electronic device
- Looking at a GPS or map
This action requires the driver to take one or both hands of the wheel to perform a task other than driving. Forms of manual distraction include the following:
- Drinking or eating
- Reaching for an item
- Changing the radio station
- Manually picking up a phone to make or answer a call
- Drafting a text message or email on a handheld device
This type of distraction takes a driver’s attention and focus off the task of driving. Cognitive distractions could include the following actions and often coincide with manual and visual distractions:
- Road rage
- Caring for or disciplining children in the vehicle
- Focusing on a conversation with a passenger
- Listening intently to the radio
- Mentally preparing for a presentation at work
- Distracting emotions, such as anger, fear, and sadness
Car Accident Laws in Oklahoma
When determining who’s financially responsible for the losses associated with a distracted driving accident, Oklahoma uses a fault system. The person who caused the car crash automatically becomes liable for the victim’s injuries and resulting damages. Damages are all losses suffered after an accident or injury.
It’s illegal to own or operate a motor vehicle without auto insurance. All drivers must hold liability coverage with minimum limits for bodily injury and property damage. If a distracted driver caused your accident, you could file a claim with their insurance company for a settlement that covers your damages.
Bodily injury reimburses accident victims for their resulting damages, such as:
- Past and future medical bills
- Lost wages
- Loss of earning capacity
- Out of pocket expenses
- Pain and suffering
Pain and suffering is a category that includes the following damages:
- Pain and suffering
- Lost quality of life
- Mental anguish
- Psychological effects, such as PTSD
Property damage covers expenses related to the vehicle involved in the accident, such as:
- Damage to personal property
- Rental car expense
- Car repair or replacement costs
What You Should and Shouldn’t Do After a Car Accident
Distracted drivers put everyone around them at risk of physical harm. If you get into an accident with one, you likely want to hold them accountable for their actions and seek compensation for your damages. There are crucial steps you should take to secure your rights and protect yourself against unfair treatment by the insurance company.
- Report the crash to law enforcement. The officer will investigate the scene and include details of the accident in a Collision Report.
- If there are bystanders who witnessed the accident happen, write down their names and phone numbers. They can provide statements to the insurance company and confirm that the other driver was at fault.
- Take photos of the accident scene.
- Get the at-fault driver’s name, contact information, and liability auto insurance details.
- Go to the hospital for treatment of your injuries. Continue following up with your medical providers until you recover, or they place you at maximum medical improvement, which means further intervention won’t improve your condition.
- Hire an Oklahoma City distracted driving accident attorney to represent you in your case.
Insurance companies don’t want to pay accident victims; they would rather save the money for themselves. Following the steps above could improve your chance of recovering the maximum compensation available. However, there are some actions you should never take if you don’t want to end up with a denied claim or lowball settlement offer.
Don’t sign anything from the liability auto insurance adjuster. They might try to trick you into signing away your rights to the maximum coverage listed on the at-fault driver’s policy. If you receive anything in the mail, forward it to your Oklahoma City distracted driving accident attorney for review.
Don’t admit to fault for the crash. With the modified comparative fault rule, your damages decrease by the percentage of fault you share. For instance, if you incurred $100,000 in damages and share 20% blame, you would only be entitled to a maximum of $80,000. Under normal circumstances, you could pursue the full $100,000. If you’re more than 50% at fault, you won’t be allowed to recover any compensation.
Don’t accept the first settlement offer you receive. Trying to get a higher number won’t cause the insurance company to deny your claim. If you attempt to negotiate, the worst thing that could happen is the insurance company says no. There’s always room for negotiation, and if they stay firm at a number you believe is unfair, you can move forward with a lawsuit.
Don’t skip doctor appointments or space them out too much. An insurance company will look at the large gaps in treatment and determine your injury isn’t that serious, or you’re lying about it. If your medical providers inform you that you need to continue treatment, it’s crucial that you show up for regularly scheduled appointments.
Don’t agree to a recorded statement with the liability insurance company. If you go through with it, you might say the wrong thing that prevents you from seeking the maximum settlement available.
Don’t handle your case alone. Many accident victims will choose not to seek legal representation. They’re already facing financial struggles and don’t want to spend additional money. Abel Law Firm takes cases on contingency, so you don’t have to pay upfront fees or costs. You’ll have a greater chance of winning your case with one of our Oklahoma City distracted driving accident attorneys by your side.
Abel Law Firm Will Help You Seek Justice
Car accidents can be traumatic. In the aftermath, you’re in pain, struggling to pay the medical bills, and navigating a complicated legal process. When you hire Abel Law Firm, we’ll take the responsibility off your shoulders by handling your case for you. We’ll take care of each step and work hard to get you the financial award you deserve.
You won’t be in the fight alone. Our team of Oklahoma City car accident attorneys cares about our clients. Throughout your whole case, we’ll be by your side to guide you through the legal process and provide emotional support.
If a distracted driver caused your car accident, call (405) 239-7046 to schedule a free consultation. We’ll review the details of your case and advise you on the available options moving forward.