Posted on Saturday, August 15th, 2026 at 5:21 pm
When a distracted driver causes an accident in Oklahoma City, the consequences can be devastating. Distracted driving—whether from texting, cell phones, eating, or other distractions—causes thousands of car accidents every year across the United States. If you’ve been injured in a distracted driving accident, you have legal options to seek compensation for your injuries and losses. Abel Law Firm helps victims of distracted driving accidents in Oklahoma City understand their rights and pursue compensation through insurance claims and personal injury lawsuits.
Understanding Distracted Driving and Its Impact
Distracted driving happens when a driver’s attention shifts away from the road. The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving causes over 3,000 deaths annually in the United States. In Oklahoma City, distracted driving accidents happen every day, injuring people and affecting families.
There are three main types of distractions that drivers experience:
- Visual distractions take a driver’s eyes off the road. Texting, checking GPS, adjusting the radio, or looking at passengers all count as visual distractions.
- Manual distractions take a driver’s hands off the wheel. Texting, eating, drinking, grooming, or reaching for objects are manual distractions.
- Cognitive distractions take a driver’s mind off driving. Daydreaming, talking on the phone, or thinking about personal problems are cognitive distractions.
It only takes about five seconds to read or send a text message. At 55 miles per hour, a vehicle can travel the length of a football field in that time—more than enough distance for a distracted driver to cause a serious accident.
Why Texting While Driving Is Particularly Dangerous
Texting combines all three types of distraction at once. A driver texting takes their eyes off the road, their hands off the wheel, and their mind off driving. Recent survey data shows that approximately 47% of drivers admit to texting or reading text messages while driving, according to The Zebra’s 2024 report, reflecting a significant level of self-reported distraction.
Oklahoma’s Distracted Driving Laws and Penalties
Oklahoma recognizes the danger of distracted driving and has laws to address it. Since 2015, texting while driving has been illegal under Oklahoma Statutes Title 47, Section 11-901d. A first offense for texting while driving typically carries a fine of up to $100.
For commercial vehicle operators, federal and state rules can impose stricter consequences. Texting while driving in a commercial vehicle may lead to commercial driver’s license (CDL) disqualification periods and federal civil penalties, including fines up to $2,750 per violation, in addition to any state traffic fines.
Under Oklahoma law, officers can cite a driver for texting while driving based on observed phone use while the vehicle is in motion. Texting while driving is specifically prohibited by Oklahoma Statute Title 47 §11-901d.
In Oklahoma, a violation of the texting-while-driving statute can be used as evidence of negligence in a civil case. The violation may support a negligence-per-se theory, meaning the statute violation can be treated as negligent conduct if the law was intended to protect against the type of harm suffered. However, an injured person must still prove that the violation caused the accident and resulted in their injuries and damages.
Types of Accidents Caused by Distracted Drivers
Distracted drivers cause many different types of accidents. Understanding the type of accident you were in can help explain how the other driver’s distraction may have contributed to your injuries.
- Rear-end collisions happen when a distracted driver fails to notice traffic slowing or stopping ahead. These accidents often cause whiplash and back injuries.
- T-bone accidents occur at intersections when a distracted driver runs a red light or stop sign. These side-impact collisions often cause serious injuries.
- Head-on collisions happen when a distracted driver drifts into oncoming traffic. These are among the most dangerous accidents.
- Sideswipes occur when a distracted driver drifts between lanes without checking their mirrors or blind spots.
- Roadway departures happen when a distracted driver leaves the road entirely, hitting trees, utility poles, or other objects.
- Pedestrian accidents occur when distracted drivers fail to see pedestrians in crosswalks or on sidewalks.
- Multi-vehicle pile-ups can result when one distracted driver causes a chain-reaction accident involving multiple vehicles.
Why Choose Abel Law Firm for Your Distracted Driving Accident Claim
When you’ve been injured by a distracted driver, you need an attorney who understands both the law and the investigation required to prove distraction. Abel Law Firm has represented victims of motor vehicle accidents, including distracted driving crashes, for decades.
Abel Law Firm has recovered more than $550 million for injured clients. The firm notes that its lawyers have received recognitions such as listings in Super Lawyers, Best Lawyers in America, and Martindale-Hubbell AV Preeminent ratings. Readers of The Journal Record have voted Abel Law Firm as a leading personal injury law firm in Oklahoma in recent years.
The firm offers free consultations, works on a contingency fee basis (meaning you pay no attorney’s fees unless compensation is recovered), and states that it is available 24/7 to respond to inquiries. The team has experience and resources to investigate accidents, gather evidence of distraction, and pursue compensation through settlement negotiations or litigation.
How to Prove a Driver Was Distracted
One of the biggest challenges in distracted driving cases is proving that the other driver was actually distracted. Police reports often don’t mention distraction, and the at-fault driver may not admit to texting or using their phone.
However, there are many types of evidence that can support a finding of distraction:
- Eyewitness statements from people who saw the accident can describe what the other driver was doing before the crash. Witnesses might have seen the driver texting, looking at their phone, eating, or adjusting the radio.
- Dashcam footage from your vehicle, nearby vehicles, or traffic cameras can show the other driver’s behavior before the accident.
- Police reports document the accident scene, injuries, and sometimes officer observations about the other driver’s condition or behavior.
- Cell phone records can show whether the other driver was using their phone at the time of the accident. Courts can subpoena these records as part of discovery.
- Accident reconstruction experts can analyze the accident scene, vehicle damage, and road conditions to determine how the accident happened and whether distraction likely played a role.
Abel Law Firm handles investigations in distracted driving cases by working with accident reconstruction professionals, pursuing relevant phone records, interviewing witnesses, and assembling evidence to demonstrate how distraction contributed to the crash.
Your Legal Options and Compensation
If you’ve been injured by a distracted driver, you may have the right to pursue compensation. To succeed in a personal injury claim based on negligence, you generally must prove four elements:
- Duty of care: The other driver had a duty to drive safely and follow traffic laws.
- Breach of duty: The other driver breached that duty by driving while distracted or otherwise failing to exercise reasonable care.
- Causation: The other driver’s distraction or unsafe conduct directly caused the accident and your injuries.
- Damages: You suffered actual injuries and losses as a result of the accident.
If you can establish these elements, you may recover compensation for your damages. There are two main categories of damages:
- Economic damages include medical expenses, lost wages, property damage to your vehicle, and other out-of-pocket costs related to the accident.
- Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses.
In cases where the other driver’s conduct was particularly reckless or egregious, courts may consider punitive damages. These damages are meant to punish, especially wrongful behavior, and deter similar conduct, but they are not available in every case and depend on Oklahoma law and case-specific facts.
After an accident, you generally have two paths: settlement or litigation. Many distracted driving cases resolve through settlement when the evidence of distraction is strong. However, if the insurance company refuses to offer compensation that reflects your losses, Abel Law Firm can file a lawsuit and take the case to trial if necessary.
The timeline for a personal injury claim varies depending on the complexity of your case, the severity of your injuries, and whether the case settles or proceeds to trial. Abel Law Firm will keep you informed about developments and key deadlines throughout the process.
Frequently Asked Questions
What should I do immediately after a distracted driving accident?
First, make sure you and your passengers are safe and call 911 if anyone is injured. Document the accident scene by taking photos and videos of vehicle damage, road conditions, and the accident location. Get the names, phone numbers, and addresses of any witnesses. Exchange insurance information with the other driver, but avoid discussing fault or signing documents at the scene. Seek medical attention even if you don’t feel injured right away, since some injuries appear later. Learn what to do after a car accident, report the accident to your insurance company, and consider contacting Abel Law Firm for a free consultation.
How do I know if the other driver was distracted?
Signs of distracted driving can include swerving or drifting between lanes, delayed reactions to traffic changes, sudden acceleration or braking, visible phone use, looking down instead of at the road, or erratic speed changes. If you or witnesses saw the other driver texting, eating, or using their phone before the accident, that can be important evidence of distraction. Eyewitness accounts and any available video footage can help support your claim. Understanding how fault is determined can help you build your case.
Do I need a lawyer for a distracted driving accident?
While you are not required to hire an attorney, legal representation can be helpful. A lawyer can handle communication with the insurance company, help protect you from pressure to accept a quick, low settlement, investigate your accident thoroughly, negotiate on your behalf, and represent you in court if needed. Insurance companies often try to minimize payouts, especially when claimants are unrepresented. Learn about dealing with insurance adjusters and why a car accident lawyer can help. Abel Law Firm offers free consultations so you can discuss your case with an attorney and decide how you want to proceed.
Contact Abel Law Firm for Your Free Consultation
If you’ve been injured by a distracted driver in Oklahoma City, it is important to act promptly. The sooner you contact Abel Law Firm, the sooner the team can begin investigating your accident and working to protect your rights. Call (405) 239-7046 today for a free consultation. The firm works on a contingency fee basis, which means you pay no attorney’s fees unless compensation is recovered for you. Abel Law Firm is available 24/7 to answer questions and discuss your case.
